Nature of Proceedings: Motion: Exonerate Bond
Plaintiff Community West Bank, N.A., sued defendants Eduardo Sanchez and Rita Battistella-Sanchez, dba Eduardo Sanchez Antiques, for return of collateral for a loan. Defendants had discharged the underlying debt in bankruptcy. Plaintiff applied to the court for a writ of possession pursuant to CCP § 512.010 and asked for a temporary restraining order pursuant to CCP § 513.010. On June 24, 2010, the court issued a temporary restraining order restraining defendants from transferring any interest or otherwise disposing of or encumbering all machinery, equipment, furniture, fixtures, inventory, accounts, contract rights, documents, instruments, chattel papers, and general intangibles. On June 24, 2010, plaintiff deposited the $5,000 undertaking required in the TRO.
Defendants voluntarily turned over the collateral and plaintiff dismissed the case. The TRO has expired by its own terms. There is no longer any purpose for the bond. Plai
Hearing Date
October 26, 2011
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Nature of Proceedings: Motion: Exonerate Bond
Plaintiff Community West Bank, N.A., sued defendants Eduardo Sanchez and Rita Battistella-Sanchez, dba Eduardo Sanchez Antiques, for return of collateral for a loan. Defendants had discharged the underlying debt in bankruptcy. Plaintiff applied to the court for a writ of possession pursuant to CCP § 512.010 and asked for a temporary restraining order pursuant to CCP § 513.010. On June 24, 2010, the court issued a temporary restraining order restraining defendants from transferring any interest or otherwise disposing of or encumbering all machinery, equipment, furniture, fixtures, inventory, accounts, contract rights, documents, instruments, chattel papers, and general intangibles. On June 24, 2010, plaintiff deposited the $5,000 undertaking required in the TRO.
Defendants voluntarily turned over the collateral and plaintiff dismissed the case. The TRO has expired by its own terms. There is no longer any purpose for the bond. Plai