TENTATIVE RULING
MOTION FOR ORDER FOR SALE OF DWELLING
Calendar: 17
Date: 12/2/16
Case No. ES 018130
Case Name: Velocity Commercial Capital, LLC v. David and Heidi Aparicio Family Trust, et al.
Moving Party: Plaintiff/ Judgment Creditor Nicholas A. Franke
Responding Party: Defendants/Judgment Debtors David and Heidi Aparicio Family Trust, David Aparicio, Heidi Aparicio (No Opposition)
RULING:
[No Opposition]
Application for Issuance of Order for Sale of Dwelling is DENIED without prejudice.
It does not appear that the application has been served in conformity with CCP section 704.770, as it is not clear that a copy of the notice of hearing in the form prescribed by the Judicial Council has been served on the judgment debtors, and it is not clear that service has been made on any occupants of the dwelling. The hearing date was also not set not later than 45 days after the application was filed, and no court order has been sought showing good cause for a delay.
Hearing Date
December 02, 2016
Type
Sister State Judgment (General Jurisdiction)
Status
Other Judgment 07/25/2014
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TENTATIVE RULING
MOTION FOR ORDER FOR SALE OF DWELLING
Calendar: 17
Date: 12/2/16
Case No. ES 018130
Case Name: Velocity Commercial Capital, LLC v. David and Heidi Aparicio Family Trust, et al.
Moving Party: Plaintiff/ Judgment Creditor Nicholas A. Franke
Responding Party: Defendants/Judgment Debtors David and Heidi Aparicio Family Trust, David Aparicio, Heidi Aparicio (No Opposition)
RULING:
[No Opposition]
Application for Issuance of Order for Sale of Dwelling is DENIED without prejudice.
It does not appear that the application has been served in conformity with CCP section 704.770, as it is not clear that a copy of the notice of hearing in the form prescribed by the Judicial Council has been served on the judgment debtors, and it is not clear that service has been made on any occupants of the dwelling. The hearing date was also not set not later than 45 days after the application was filed, and no court order has been sought showing good cause for a delay.