This case was last updated from Los Angeles County Superior Courts on 06/05/2019 at 00:07:35 (UTC).

MOBILE MINI INC., AN ARIZONA CORPORATION VS DEAN COURDUFF

Case Summary

On 10/12/2017 MOBILE MINI INC , AN ARIZONA CORPORATION filed a Contract - Debt Collection lawsuit against DEAN COURDUFF. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is AMY YERKEY. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7748

  • Filing Date:

    10/12/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

AMY YERKEY

 

Party Details

Plaintiff

MOBILE MINI INC. AN ARIZONA CORPORATION

Defendant

COURDUFF DEAN

Attorney/Law Firm Details

Plaintiff Attorney

WILLFORD THOMAS MICHAEL

 

Court Documents

Proof of Personal Service

12/4/2017: Proof of Personal Service

Declaration Pursuant to 585 CCP in Support of Default Judgment

1/2/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration (name extension) - Interest

1/2/2018: Declaration (name extension) - Interest

Request for Entry of Default / Judgment

1/2/2018: Request for Entry of Default / Judgment

Declaration (name extension) - Waiver of Attorney Fees

1/2/2018: Declaration (name extension) - Waiver of Attorney Fees

Certificate of Mailing for - Minute Order (Court Order) of 05/24/2018

5/24/2018: Certificate of Mailing for - Minute Order (Court Order) of 05/24/2018

Notice of Case Reassignment/Vacate Hearings

5/24/2018: Notice of Case Reassignment/Vacate Hearings

Request for Entry of Default / Judgment

6/14/2018: Request for Entry of Default / Judgment

Judgment

6/27/2018: Judgment

Request for Dismissal

6/27/2018: Request for Dismissal

Brief (name extension) - Waiver of Attorney of Fees

6/27/2018: Brief (name extension) - Waiver of Attorney of Fees

Declaration Pursuant to 585 CCP in Support of Default Judgment

6/27/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment

Writ of Execution - Writ of Execution (Los Angeles)

12/27/2018: Writ of Execution - Writ of Execution (Los Angeles)

Summons - on Complaint

10/12/2017: Summons - on Complaint

Civil Case Cover Sheet

10/12/2017: Civil Case Cover Sheet

Complaint

10/12/2017: Complaint

Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

10/12/2017: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

Notice of Case Assignment - Limited Civil Case

10/12/2017: Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 12/27/2018
  • Writ of Execution (Los Angeles); Issued by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: DEAN COURDUFF (Defendant); County: Los Angeles

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  • 07/05/2018
  • Updated -- Court Order: Location changed from Department B to Department 94

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  • 06/27/2018
  • Request for Dismissal; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: Does: 1-25

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  • 06/27/2018
  • Judgment; Filed by: Clerk

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  • 06/27/2018
  • Declaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)

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  • 06/27/2018
  • Declaration Interest; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)

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  • 06/27/2018
  • Brief Waiver of Attorney of Fees; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)

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  • 06/27/2018
  • On the Complaint filed by MOBILE MINI INC., AN ARIZONA CORPORATION on 10/12/2017, Request for dismissal Without Prejudice entered as to , Does 1-25

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  • 06/27/2018
  • Default judgment entered for Plaintiff MOBILE MINI INC., AN ARIZONA CORPORATION against Defendant DEAN COURDUFF on the Complaint filed by MOBILE MINI INC., AN ARIZONA CORPORATION on 10/12/2017 for the principal amount of $5,234.63, interest of $331.08, costs of $225.00, and other $54.00 for a total of $5,844.71.

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  • 06/14/2018
  • Request for Entry of Default / Judgment; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)

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14 More Docket Entries
  • 12/04/2017
  • Proof of Personal Service; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: DEAN COURDUFF (Defendant); Service Date: 11/25/2017; Service Cost: 54.00; Service Cost Waived: No

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  • 10/31/2017
  • Summons on Complaint; Issued and Filed by: Clerk

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  • 10/31/2017
  • Case assigned to Hon. Amy Yerkey in Department B Norwalk Courthouse

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  • 10/31/2017
  • Order to Show Cause - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 10/12/2018 at 08:30 AM in Norwalk Courthouse at Department B

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  • 10/12/2017
  • Complaint; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: DEAN COURDUFF (Defendant)

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  • 10/12/2017
  • Updated -- Summons on Complaint: Status Date changed from 10/31/2017 to 10/12/2017

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  • 10/12/2017
  • Civil Case Cover Sheet; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)

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  • 10/12/2017
  • Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 10/12/2017
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/12/2017
  • The case is placed in special status of: Collections Case (CCP 3.740)

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Tentative Rulings

Case Number: 17NWLC07748    Hearing Date: November 07, 2019    Dept: 94

MOTION FOR LEVY ON PROPERTY IN PRIVATE PLACE

(CCP § 699.030.)

TENTATIVE RULING:

Plaintiff Mobile Mini Inc.’s Motion for Levy on Property in Private Place is GRANTED.

GROUNDS FOR MOTION: Plaintiff seeks a court order under Code of Civil Procedure section 699.030 to allow a Los Angeles Sheriff levying officer to enter the real property located at 784 Armstead Street, Glendora, California and seize personal property in the private place described as a Model 15 Standard Rental Container Number BT1 5HN and allow Plaintiff to remove the Container from the subject location.

ANALYSIS:

On October 12, 2017, Plaintiff Mobile Mini Inc. filed suit against Defendant Dean Courduff (“Defendant”) for Possession of Personal Property, Breach of Contract, Open Book Account, Account Stated and Reasonable Value regarding breach of an industrial container rental agreement. The Complaint alleges that on October 23, 2006, the parties entered into a written agreement for the rental of an industrial container, Model 15 Standard Rental Container Number BT1 5HN (the “Container”) and that Defendant failed to make payments as required. Following Defendant’s failure to file a responsive pleading, Plaintiff obtained a default judgment for possession of personal property on June 27, 2018. Plaintiff now seeks repossession of the Container that was subject to the breached rental agreement and filed the instant Motion for Levy on Property in Private Place on July 19, 2019. To date, no opposition has been filed.

Under Code of Civil Procedure section 699.030, if personal property sought to be levied upon is in a private place of a judgment debtor, the judgment creditor may apply to the court ex parte, or on noticed motion if the court so directs or a court rule so requires, for an order directing the levying officer to seize the property in the private place. (Code Civ. Proc., § 699.030, subd. (b).) The application for the order shall describe with particularity both the property sought to be levied upon, and the place where it is to be found, according to the best knowledge, information, and belief of the judgment creditor. (Ibid.) The court may not issue the order unless the judgment creditor establishes that there is probable cause to believe that property sought to be levied upon is located in the place described. (Ibid.)

Here, Plaintiff presents evidence that it deposited the Container at 784 Armstead Street, Glendora, California on October 23, 2006. (Motion, Garcia Decl. ¶¶3-4.) Plaintiff verified that the Container was still at that property on December 6, 2018. (Id. ¶5 and Exh. 4.) Plaintiff’s representative could not repossess the Container as Defendant refused to allow access to it. (Motion, Willford Decl., ¶4 and Exh. 1.) This evidence establishes probable cause with sufficient particularity that the Container is still at the property according to Plaintiff’s best knowledge, information, and belief.

Therefore, Plaintiff’s Motion for Levy on Property in Private Place is GRANTED.