Opinion
2:21-cv-01020-JAM-AC
09-02-2021
COMMERCIAL CREDIT GROUP INC., a Delaware corporation, Plaintiff, v. SHR TRANSPORT, INC., a California corporation; JASWINDER SINGH, an individual; RANGIT SINGH BAINS, an individual, Defendants.
ANDREW K. ALPER, ATTORNEYS FOR PLAINTIFF COMMERCIAL CREDIT GROUP, INC.
ANDREW K. ALPER, ATTORNEYS FOR PLAINTIFF COMMERCIAL CREDIT GROUP, INC.
The contents of this Order for Writ of Possession After Hearing, follows the form adopted for mandatory use by the Judicial Council of California and used in cases pending before the Superior Court of the State of California.
[X] AFTER HEARING
[ ] EX PARTE
HON. JOHN A. MENDEZ JUDGE
AFTER HEARING
1. [X] The application of the plaintiff for a writ of possession was heard as follows (check boxes in lc and Id. to indicate personal presence at the hearing):
a. Judicial Officer (name): John A Mendez
b. Hearing Dated: August JA, 2021
c. [X] Plaintiff (name): COMMERCIAL CREDIT GROUP, a Delaware corporation, [X] Attorney (name): Andrew K. Alper
d. [X] Defendants (name) SHR TRANSPORT, INC. a California corporation; JASWINDER SINGH, an individual; RANGIT SINGH BAINS, an individual, [ ] Attorney (name);
EX PARTE
2. [ ] The application of the plaintiff for an ex parte writ of possession has been considered by the court, n/a
3. The court finds:
a. [X] Defendant has been properly served as required by Code of Civil Procedure section 512.030.
b. Plaintiff [] has [X] has not filed an undertaking as required by Code of Civi 1 Procedure section 515.010. Plaintiffs undertaking is waived
c. Plaintiff has established the probable validity of the Plaintiffs claim to possession of the following property (specify):
Vehicle Description
Vehicle ID Number
2015 Utility Trailer; License plate number 4NK7336
1UYVS2532FU238207
2013 Utility Trailer
1UYVS2535DU711515
2013 Utility Trailer
1UYVS2539DU711520
2013 Utility Trailer
1UYVS2533DU693516
2016 Utility Trailer
1UYVS2534GU484502
2015 Volvo
4V4NC9EJ7FN923062
2017 Freightliner CA125SLP 72" Sleeper Tractor
3AKJGLDR8HDHS8660 engine and Ten Speed Transmission
[ ] Continued on Attachment 3c. n/a d. [X] There is probable cause to believe this property or some part of it is located at one or more of the following private places (specify):
a. 8703 White Peacock Way, Elk Grove, CA 95624;
b. 9697 Allen Ranch Way, Elk Grove, CA 95757
c. 8732 Fruitridge Rd. Sacramento, CA 95826;
d. 32001 Avenue 11 S4 Madera, CA 93636;
e. 7041 Luther Drive, Sacramento, CA 95 823;
f. 8621 Morrison Creek Drive, Sacramento, CA 95282
g. 4075 Channel Dr. W., West Sacramento, CA 95691
[ ] Continued on Attachment 3d. n/a
ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION
4.[] The court also finds: n/a
a. [] Defendant gained possession of the property described in item 3c, which was not entrusted to the defendant, by feloniously taking such property from the plaintiff by means other than by false or fraudulent representation, pretense, or embezzlement.
b. [] The property is a credit card.
c Defendant acquired possession of this property in the ordinary course of the defendant's trade or business for commercial purposes, and (1) the property is not necessary for the support of the defendant or the defendant's family; (2) there is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed or removed from the state, or will become substantially impaired in value by acts of destruction, or by failure to care of the property in a reasonable manner; and (3) the ex parte issuance of a writ of possession is necessary to protect the property.
d. Total number of boxes checked in item 4: n/a
ORDERS
5. IT IS ORDERED
a. The clerk of this court is directed to issue a writ of possession as provided in California Code of Civil Procedure section 512.020, directing the United States Marshal within whose jurisdiction the property described in item 3c, or some part of it, is located, to seize such property and retain custody of it as provided in Code of Civil Procedure sections 514.010-514.050.
b. [X] The clerk is directed to issue the writ of possession immediately.
c. [] The clerk is directed to issue the writ of possession upon the plaintiffs filing of a written undertaking, as required by Code of Civil Procedure sections 514.010, in the amount of: $ n/a d. The written undertaking required by the Defendants for redelivery or to stay delivery is in the amount of: $834, 800.00.
e. The clerk of this court is directed to attach a copy of this order and a copy of the plaintiffs undertaking to the writ of possession, n/a
f. The United States Marshal may enter the following private place(s) to take possession of the property or some part of it:
1 8703 White Peacock Way, Elk Grove, CA 95624
2 9697 Allen Ranch Way, Elk Grove, CA 95757
3 8732 Fruitridge Rd. Sacramento, CA 95826;
4 32001 Avenue 111/4 Madera, CA 93636;
5 7041 Luther Drive, Sacramento, CA 95823;
6 8621 Morrison Creek Drive, Sacramento, CA 95282
7. 4075 Channel Dr. W., West Sacramento, CA 95691
[ ] Continued on Attachment 5f. n/a
g. [X] Defendants (name): SHR TRANSPORT, INC., a California corporation; JASWINDER SINGH, an individual; RANGIT SINGH BAINS, an individual are ordered to transfer possession of the property described in item 3c to the plaintiff. (Code of Civ. Proc, §512.070.)
NOTICE TO DEFENDANTS: Failure to comply with an order of the court to turn over possession of such property to the plaintiff may subject you to being held in contempt of court.