United States District Court, E.D. California
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,
...