Judge: Shirley K. Watkins, Case: 22VECV01163, Date: 2022-12-05 Tentative Ruling
Case Number: 22VECV01163 Hearing Date: December 5, 2022 Dept: T
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INTERPOOL, INC. DBA TRAC INTERMODAL, Plaintiff, vs. ALONDRA C.
TRANSPORT LLC, et al. Defendants. |
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[TENTATIVE]
ORDER RE: APPLICATION
FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT Dept. T 8:30 a.m. December 5, 2022 |
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[TENTATIVE] ORDER:
Plaintiff Interpool, Inc.’s Application for Right to Attach Order and
Writ of Attachment are GRANTED. Plaintiff
Interpool, Inc. is ordered to post an undertaking in the amount of $10,000.00.
Plaintiff Interpool, Inc. (Plaintiff) applied and moved
for a Right to Attach Order and Writ of Attachment against Defendant Alondra C.
Transport LLC (Defendant.) The amount to
be secured by the attachment is $71,979.00, which includes estimated costs of
$2,000.00.
Discussion
Pursuant to Code of Civil Procedure
sec. 484.040, Plaintiff submitted the proof of service of the summons and
complaint and the application showing proper service upon Defendant. Defendant has not filed an opposition despite
it being due on November 18, 2022.
Pursuant to Code of Civil Procedure
sec. 483.010, Plaintiff sufficiently showed that the claim is not secured by
real property and the claim is for a minimum of $500. Plaintiff further submitted that the action
is based upon a contract and the action is for a fixed or readily ascertainable
amount.
Pursuant to Code of Civil Procedure
sec. 484.090, Plaintiff showed the probable validity of their contract-based
claims. To show probability of
prevailing, Plaintiff submitted a declaration to attest to the invoices
created, Defendant’s use of the chassis, Defendant’s default in payment, and
Plaintiff’s damages totaling $69,979.00.
With this testimony, Plaintiff showed the probable validity of the
claim.
Before a writ of attachment may
issue, Plaintiff must file an undertaking pursuant to Code of Civil Procedure
section 489.210 in the amount of $10,000.00. (Code of Civ. Proc. sec.
489.220(a).) A writ of attachment issued
without the mandated bond is void.
The Application for Right to Attach
Order and Writ of Attachment are GRANTED.
IT IS SO ORDERED,
____________________ TO GIVE NOTICE.
December 5, 2022
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Shirley K. Watkins
Judge of the
Superior Court