Singh v. Pooni et al

Filing 8

ORDER signed by Judge John A. Mendez on 10/7/14 ORDERING that Plaintiff's Ex Parte Application for WRIT OF POSSESSION 3 is GRANTED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BUTA SINGH,

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No.

2:14-cv-02146 JAM DAD

Plaintiff,
v.
HARMINDER S. POONI, RAVINDER
KAUR, and PAN-AM TRANSPORT,
INC., a Kansas corporation,

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ORDER GRANTING PLAINTIFF’S EX
PARTE APPLICATION FOR WRIT OF
POSSESSION

Defendants.

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FINDINGS

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Plaintiff’s ex parte application for a writ of possession
having been considered by the Court, the Court finds as follows:
1.

Plaintiff has established the probable validity of his

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claim to possession of the following property: 2005

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Hummer H2, VIN 5GRN23U85H117259, California Plate

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7FUW750, Kansas Title AA3304411;

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2.

There is probable cause to believe this property or

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some part of it is located at the following private

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place: 6672 Halsey Street, Shawnee, Kansas 66216;
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3.

Defendant gained possession of the property described

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above, and (1) the property is not necessary for support

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of Defendant or Defendant’s family; (2) there is an

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immediate danger that the property will become

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unavailable to levy by reason of being transferred,

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concealed, or removed from the state, or will become

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substantially impaired in value by acts of destruction,

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or by failure to take care of the property in a

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reasonable manner; and (3) the ex parte issuance of a

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writ of possession is necessary to protect the property;

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and

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4.

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Plaintiff is required to file an undertaking in the
amount of $20,000.

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ORDER
To the Sheriff or any Marshal or authorized law enforcement

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officer of the County of Johnson, City of Shawnee, State of

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Kansas – you are directed:

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1.

To levy upon and retain in your custody, until

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released or sold (Code Civ. Proc., § 514.030), the

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following property or any part of it: 2005 Hummer H2, VIN

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5GRN23U85H117259, California Plate 7FUW750, Kansas Title

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AA3304411;

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2.

To enter the following private place or places to take

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possession of the above-described property or some part

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of it: 6672 Halsey Street, Shawnee, Kansas 66216; and

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3.

To return this writ and the certificate of your
proceedings within 30 days after levy and service, but in
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no event later than 60 days after issuance of this writ.

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It is further ordered that Plaintiff file a written

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undertaking in the amount of $20,000 and attach a copy of the

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undertaking to this writ of possession;

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IT IS SO ORDERED.

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Dated: October 7, 2014

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