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.
*******7748
10/12/2017
Disposed - Judgment Entered
Stanley Mosk Courthouse
Los Angeles, California
AMY YERKEY
MOBILE MINI INC. AN ARIZONA CORPORATION
COURDUFF DEAN
WILLFORD THOMAS MICHAEL
12/4/2017: Proof of Personal Service
1/2/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment
1/2/2018: Declaration (name extension) - Interest
1/2/2018: Request for Entry of Default / Judgment
1/2/2018: Declaration (name extension) - Waiver of Attorney Fees
5/24/2018: Certificate of Mailing for - Minute Order (Court Order) of 05/24/2018
5/24/2018: Notice of Case Reassignment/Vacate Hearings
6/14/2018: Request for Entry of Default / Judgment
6/27/2018: Judgment
6/27/2018: Request for Dismissal
6/27/2018: Brief (name extension) - Waiver of Attorney of Fees
6/27/2018: Declaration Pursuant to 585 CCP in Support of Default Judgment
12/27/2018: Writ of Execution - Writ of Execution (Los Angeles)
10/12/2017: Summons - on Complaint
10/12/2017: Civil Case Cover Sheet
10/12/2017: Complaint
10/12/2017: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)
10/12/2017: Notice of Case Assignment - Limited Civil Case
Writ of Execution (Los Angeles); Issued by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: DEAN COURDUFF (Defendant); County: Los Angeles
Updated -- Court Order: Location changed from Department B to Department 94
Request for Dismissal; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: Does: 1-25
Judgment; Filed by: Clerk
Declaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)
Declaration Interest; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)
Brief Waiver of Attorney of Fees; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)
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
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.
Request for Entry of Default / Judgment; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)
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
Summons on Complaint; Issued and Filed by: Clerk
Case assigned to Hon. Amy Yerkey in Department B Norwalk Courthouse
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
Complaint; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff); As to: DEAN COURDUFF (Defendant)
Updated -- Summons on Complaint: Status Date changed from 10/31/2017 to 10/12/2017
Civil Case Cover Sheet; Filed by: MOBILE MINI INC., AN ARIZONA CORPORATION (Plaintiff)
Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk
Notice of Case Assignment - Limited Civil Case; Filed by: Clerk
The case is placed in special status of: Collections Case (CCP 3.740)
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.