TENTATIVE RULING 

Calendar: 16

Date: 12/20/2024

Case No.: 24 NNCV04727 Trial Date: None Set 

Case Name: Alliance Funding Group v. Cedar Restaurant Group, LLC, et al.

Moving Party: Plaintiff Alliance Funding Group      

Responding Party: Defendant Freddy Braidi aka Freddy Braidy  (No Opposition)      

ANALYSIS:

Procedural

There has been no proof of service filed showing service of the summons, complaint, or moving papers on the defendant against whom the writ of attachment is sought, defendant Freddy Braidi, an individual, aka Freddy Braidy.   

The only proof of service in the file is a proof of service of summons on another defendant, Cedar Restaurant Group, LLC, which shows service by substituted service with follow up mailing on November 12, 2024, and which does not reflect that the moving papers were served on that defendant along with the summons and complaint. 

  CCP section 484.040 provides that, “No order or writ shall be issued under this article except after a hearing,” and that “the defendant shall be served” with the hearing documents, including the summons, complaint, notice of application and hearing, the application, and any supporting documents.

 

In this case there is no proof of service of any documents at all on the defendant against whom the writ is sought.  This court accordingly lacks jurisdiction to consider the application.  

RULING:

[No opposition]

Application for writ of attachment is NOT CONSIDERED BY THE COURT/DENIED WITHOUT PREJUDICE. 

There is no proof of service showing that prior to the hearing the defendant against whom the writ of attachment is sought was properly served with the summons, complaint, and required hearing documents, as required under CCP § 484.040.  

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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