TENTATIVE RULING:
Plaintiff’s Application for Right to Attach Order is continued to December 27, 2017 at 1:30 p.m. in Department C31, or to any Law and Motion hearing date (Wednesdays) thereafter to which the parties agree. Plaintiff to give notice of the continuance.
Service was not timely for the 11-29-17 hearing date. CCP 484.040, governs the time of service and what must be served in order to obtain a right to attach order. It provides:
“No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following:
(a) A copy of the summons and complaint.
(b) A notice of application and hearing.
(c) A copy of the application and of any affidavit in support of the application.” (CCP 484.040)
Here, the summons and complaint were substitute served on defendant on 11-16-17. (See Proof of Service filed 11-28-17) Substitute service is complete 10 days after the mailing of the
Hearing Date
November 29, 2017
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TENTATIVE RULING:
Plaintiff’s Application for Right to Attach Order is continued to December 27, 2017 at 1:30 p.m. in Department C31, or to any Law and Motion hearing date (Wednesdays) thereafter to which the parties agree. Plaintiff to give notice of the continuance.
Service was not timely for the 11-29-17 hearing date. CCP 484.040, governs the time of service and what must be served in order to obtain a right to attach order. It provides:
“No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all of the following:
(a) A copy of the summons and complaint.
(b) A notice of application and hearing.
(c) A copy of the application and of any affidavit in support of the application.” (CCP 484.040)
Here, the summons and complaint were substitute served on defendant on 11-16-17. (See Proof of Service filed 11-28-17) Substitute service is complete 10 days after the mailing of the