Judge: Stephen I. Goorvitch, Case: 24STCV08578, Date: 2024-05-16 Tentative Ruling

Case Number: 24STCV08578    Hearing Date: May 16, 2024    Dept: 82

ACAR Leasing Ltd. v. Haykoush Kzlgezyan, et al., Case No. 24STCV08578

Plaintiff filed an ex parte application for a temporary restraining order and order to show cause why a preliminary injunction shall not issue to stop the lien sale of a 2022 Chevrolet Corvette by Defendant ACE Collision Center Inc. (“ACE”).  ACE performed service on the vehicle and stored the vehicle.  Per Code of Civil procedure section 3068(b)(4), a service lien “shall be extinguished, and no lien sale shall be conducted” if the lienholder fails to provide “a written copy of the work order or invoice reflecting the services or repairs performed on the vehicle and the authorization from the registered owner” within 10 days of receiving a request.  Per the statute, the request must be a “written demand made by either personal service or certified mail with return receipt requested . . . .”  Plaintiff has not complied with this statute.  The declaration of Eric Tran merely states that he “requested” the information.  The declaration is accompanied by a letter, dated March 28, 2024, which states: “[T]his correspondence shall constitute AFS’ demand for a written copy of the work order or invoice reflecting the services or repairs performed on the Vehicle and the authorization from the registered owner requesting that you perform the services or repairs.”  This letter was “Sent Via US Mail and Email.”  This is not sufficient under Civil Code section 3068(b)(4).  Therefore, the ex parte application for a temporary restraining order is denied.  Plaintiff’s counsel shall provide notice and file proof of service with the court.