Party Notice: FLEXI-VAN -V- TOTAL TRUCK, ET. AL. *MF* Print

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                                1   Howard Goodman State Bar 76570
      18321 Ventura Blvd Suite 755
 2    Tarzana California 91356 4228                                          s
       818 996 8903                                                                t

  3   Fax 818 996 2942
      Howard a howard oadman net
 4                                                                                     J lL       00
  5   Attorney for Plaintiff
 6                                                                                            i        1   Y

 7

 8                         SUPERIOR COURT FOR THE STATE OF CALIFORNIA
                                                                                                               l


 9                                 COUNTY OF SAN BERNARDiNO

10


11    FLEXI VAN LEASING INC                                    CASE NO       CIVDS1934003

12
               Plaintiff                                       MEMORANDUM OF POINTS
13                                                             AUTHORITIES 1N SUPPORT OF
                                                               RIGHT TO ATTACH ORDER
14     vs                                                      WRIT OF ATTACHMENT

15
      TOTAL TRUCKING SERVICES INC
16    ET AL


17                                                             Date   September 2 2020
               Defendants                                      Time   10 00 a m
1 g                                                            Dept    S24


19


20                                                  I

21                                        INTRODUCTION

22           Plaintiff FLEXI VAN LEASING INC       seeks a right to attach order and writ of

23    attachment against defendant TOTAL TRUCKING SERVICES INC arising from the rental of
24    chassis on account Plaintiff has two pending actions against TOTAL TRUCKING SERVICES
25    INC including Case CIVDS1908772 This action was filed after default judgment was entered
26    in Case CIVDS1908772 Excluding damages owing in Case CIVDS1908772 for invoices
27    accruing prior to January 31 2019 damages owing in this action are in the amount of 446 600
28    for chassis rentals and other damages accruing from January 31 2019 through October 11 2019


                      POINTS     AUTHORITIES IN SUPPORT OF ATTACHMENT
 1   The claim is probably valid and therefore a right to attach arder and writ of attachment should

 2   issue


 3


4                                                                      II

 5                                                   STATEMENT OF THE CASE


 6           Pursuant to the declaration of Alicia Rivera Director of Credit and collections for plaintiff

 7   FLEXI VAN LEASING INC                           plaintiff leases chassis and generator sets to its customers


 8   provides management of individual chassis fleets as well as neutral and cooperative pooling

 9   arrangements and provides depot services including repairs refurbishing of intermodal
10   containers chassis trailers and generator sets for the intermodal transportation industry Chassis
11   are used by truckers to transport containers typically from ports to truckers customers Truckers
12   are provided an SCAC code for their use in expeditiously acquiring chassis from the chassis pool

13   at ports   in California         Plaintiff furnishes     chassis   to the pool at the ports         Declaration of Rivera at

14   paragraph 2


15         After acquiring an SCAC code defendant TOTAL TRUCKING SERVICES INC was able

16   to pull chassis from the pool at the ports Plaintiff s chassis were provided to the defendant by
17   the port operators at the time that containers were removed from steamships and placed on


18   chassis      Declaration ofRivera at paragraph 3


19           Plaintiff operates a website in which its rental rates are published and also where its terms

20   and conditions         for the   use of   its   chassis are published        Declaration ofRivera at paragraph 4

21              Pursuant to information furnished by defendant on its SCAC application an account was

22   opened for defendant             TOTAL TRUCKING SERVICES INC                          and plaintiff billed defendant for

23   the   use of   its   chassis   from the    pool at    the ports    Declaration of Rivera at paragraph 5


24           Plaintiff uses the company s chassis supply management system which records customer

25   credits rates agreements codes in and out data and invoices within the chassis pool

26   environment           Each time    chassis were provided          to defendant ADP EXPRESS LLC                  an invoice


27   was prepared and mailed by first class mail to said defendant which more particularly described
28   the date   of use      the   description     and rates   for   chassis   leased   and used
                                                                                                  by   defendant   Declaration




                             POINTS         AUTHORITIES IN SUPPORT OF ATTACHMENT
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