Perla v. Lucy’s, et al.
Defendant Lucy’s Auto Center’s Motion for an Order Requiring Plaintiff to Post an Undertaking is GRANTED.
I. Background
On August 17, 2017, Plaintiff Rocco Perla (“Plaintiff”) filed this action against Defendant Lucy’s Auto Center for (1) violation of the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”) and (2) conversion. On December 11, 2018, Defendant filed a Motion for an Order Requiring Plaintiff to Post an Undertaking (the “Motion”). On December 27, Plaintiff filed an opposition. Defendant replied on December 28.
II. Discussion
“When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney’s fees’ means reasonable attor
Type
Other Non-Personal Injury/Property Damage tort (Limited Jurisdiction)
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Perla v. Lucy’s, et al.
Defendant Lucy’s Auto Center’s Motion for an Order Requiring Plaintiff to Post an Undertaking is GRANTED.
I. Background
On August 17, 2017, Plaintiff Rocco Perla (“Plaintiff”) filed this action against Defendant Lucy’s Auto Center for (1) violation of the Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”) and (2) conversion. On December 11, 2018, Defendant filed a Motion for an Order Requiring Plaintiff to Post an Undertaking (the “Motion”). On December 27, Plaintiff filed an opposition. Defendant replied on December 28.
II. Discussion
“When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney’s fees which may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney’s fees’ means reasonable attor