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Commercial Credit Group Inc. v. Amh Logistics, Inc.

United States District Court, E.D. California

December 18, 2019

COMMERCIAL CREDIT GROUP INC. Plaintiff,
v.
AMH LOGISTICS, INC. et al., Defendants.

          ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING PLAINTIFF'S APPLICATION FOR WRIT OF POSSESSION (ECF NOS. 7 & 21)

         Plaintiff, Commercial Credit Group Inc., (“Plaintiff”) filed this Complaint against Defendants, AMH Logistics, Inc., aka AMH Logistics Inc., (“AMH”); AM2 Logistic Inc., aka AM2 Logistic Inc. (“AM2”); Karnvir Singh (“Singh); Maninder Kaur Bains (“Bains”); AMK Transport Inc., (“AMK”); and BKSG Transportation, LLC (“BKSG”) (collectively “Defendants”) on August 6, 2019. (ECF No. 1.) On August 12, 2019, filed an application for a writ of possession pursuant to California Code of Civil Procedure section 512.010, et seq. (“writ application”), allowing it to possess certain vehicles (referred to in the findings and recommendations and herein as the “repossession vehicles”) pledged as collateral for Loans that Defendants have allegedly defaulted upon.

         On November 6, 2019, Magistrate Judge Erica Grosjean entered findings and recommendations recommending that Plaintiff's writ application be granted and that Plaintiff's request for a turnover order and private place order in connection with the writ of possession be granted. (ECF No. 21.)

         Defendants, who have made no appearance in this action, were provided an opportunity to filed objections to the findings and recommendations but did not do so.

         In accordance with the provisions of 28 U.S.C. § 636(b0(1)(B) and Local Rule 304, this Court has conducted a de novo review of this matter. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and proper analysis.

         Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations issued on November 6, 2019 are ADOPTED in full;
2. Plaintiff's application for a writ of possession under California Civil Procedure Code § 512.010 (ECF No. 7.) is granted;
3. The Clerk of Court shall immediately issue a writ of possession directing the United States Marshal within whose jurisdiction the property listed below, or some part of it, is located, to seize said property and retain custody of the property until released or sold pursuant to California Civil Procedure Code § 514.030. The levying officer shall further comply with all applicable requirements of California Civil Procedure Code §§ 514.010-514.050. The following property may be seized pursuant to the writ of possession:

Equipment Description

Serial Number

2017 Great Dane Everest ETL-111 53x102 Refrigerated Trailer with Air Ride Tandem Axle, Four (4) Aluminum Outer Wheels and Four (4)

1GRAA0628HB702793

2016 Great Dane ESS-1114-11053 53x102 Aluminum Refrigerated Trailer with Four (4) Aluminum Outer Wheels and Four (4) Steel Inner

1GRAA0622GW703073

2016 Great Dane ESS-1114-11053 53x102 Sheet and Post Refrigerated Trailers, Stainless Steel Exter or Front, Aluminum Corrugated Sid

1GRAA0620GW704822

2017 Kenworth T680 76” High Roof Sleeper with Paccar MX13 500hp engine, Eaton FO18E311A Ultrashift Plus Transmission

1XKYDP9X5HJ127630

2014 utility VS2RA 53' x 102” Refrigerated Trailer with Thermoking SB230 Refrigeration Unit S/N 6001134612

1UYVS2534EU786921

2016 Kenworth T680 Sleeper tractor

1XKYDP9X5GJ482604

2016 Kenworth T680 Sleeper tractor

1XKYDP9X5GJ119459

2016 Utility VS2RA 53' x 102” Refrigerated Trailer with Thermoking S-600 Refrigeration Unit S/N 6001196679

1UYVS2537GU571939

2016 Utility VS2RA 53' x 102” Refrigerated Trailer with Thermoking S-600 Refrigeration Unit S/N 6001196683

1UYVS2533GU571937

2016 Utility VS2RA 53x102 Refrigerated Trailers with Hendrickson Air Ride Suspension, Sliding Tandem Axle, Corrugated S

1UYVS2536GU597917

2015 Kenworth T680 Sleeper Truck, 76” Aerodyne Sleeper, Cummins ISX 525 HP Engine, 1 Speed Trans

1XKYD49X2FJ436919

2016 Utility VS2RA 53x102 Refrigerated Trailer, Hendrickson Surelok Anti-Dock Walk Device, 36” Kingpin, Hendrickson Ult

1UYVS2532GU571833

2016 Volvo VNL64T670 61” Tall Roof Integral sleeper with Volvo I-Shift ATO2612D 12-Spe

4V4NC9EH2GN965993

2015 Kenworth T660 Tractor with 72” Aerodyne Sleeper, Double Bunk, Cummins ISX 525 HP Engine, Jake Brake, 13 Speed Tran

1XKYDP9XXFJ426379

2016 Volvo VNL64T670 61” tall roof integral sleeper with Volvo Eco-Torque D13 455hp Engine, Volvo I-Shift ATO2612D 12-Spe

4V4NC9EH9GN965991

2009 Utility Refrigerated Trailer with Carrier Unit s/n/: LAU91088861

1UYVS25399U721410

2009 Utility Refrigerated Trailer with Carrier Unit s/n: LAZ91087773

1UYVS25349M749518

2009 Utility Refrigerated Trailer with Carrier Unit s/n: LAY91082870

1UYVS25359U721307

         4. The Clerk of Court is directed to attach a copy of the findings and recommendations issued on November 6, 2019, along with a copy of this order, to the writ of possession.

         5. The Court finds that Plaintiff has shown probable cause to believe that the repossession vehicles are located at any of the following addresses:

• 2347 W. Belmont Avenue, Fresno, California 93728
• 2021 N. Milpitas Boulevard, Suite 227 E, Milpitas, ...

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