Judge: Curtis A. Kin, Case: 23STCV16769, Date: 2023-10-03 Tentative Ruling

Case Number: 23STCV16769    Hearing Date: October 3, 2023    Dept: 82

APPLICATIONS (2) FOR WRIT OF POSSESSION

Date:               10/3/23 (9:30 AM)

Case:               Ally Bank v. Sylvia Garcia et al. (23STCV16769)

TENTATIVE RULING:

With respect to defendant Alicia G. Garcia, the UNOPPOSED Application for Writ of Possession by plaintiff Ally Bank is DENIED. Under CCP § 512.030, prior to the hearing on an application for a writ of possession, the defendant “shall be served” with specific documents, including the Summons and Complaint, the Notice of Application and Hearing, and a copy of the application and any affidavits. Plaintiff has neither filed any proofs of service of the foregoing with the Court nor attached proofs of service to the filed document. Because plaintiff has failed to provide proof of service on defendant Alicia G. Garcia as required, the application cannot be granted.

With respect to defendant Sylvia Garcia, the UNOPPOSED Application for Writ of Possession is GRANTED. Based on the showing made, however, the Court does not find an adequate basis for issuance of a writ of possession with respect to 308 ½ S Bonnie Brae St, Los Angeles, CA 90057 as an address where the subject vehicle may be located. (See Singleton Decl. ¶ 10; Application ¶ 6.) The Retail Installment Sale Contract and Electronic Title Document indicates that defendant’s address is 306 ½ S Bonnie Brae St, Los Angeles, CA 90057. (Singleton Decl. ¶ 5 & Exs. A, B.)  Plaintiff merely offers the wholly conclusory statements of plaintiff’s “Authorized Representative” James Singleton: (1) that Sylvia Garcia resides at 308 ½ S Bonnie Brae; (2) that defendant Alicia Garcia is defendant Sylvia Garcia’s mother and has possession of the vehicle; and (3) that defendant Alicia Garcia “also resides” at 308 ½ S Bonnie Brae.  (Singleton Decl. ¶ 10.)  Plaintiff provides no foundation, corroboration, or supporting evidence for such statements by Singleton.  Entry into a private place may be required to take possession of the subject vehicle, and plaintiff fails on this record to demonstrate probable cause to believe that the vehicle may be located at 308 ½ S Bonnie Brae St.

The Court otherwise finds that plaintiff has established the probable validity of its claim to possession of the property, namely, a 2019 Dodge Durango (VIN 1C4SDHCT3KC651111).   No undertaking is required. The amount owed ($56,669.60) exceeds the market value of the vehicle ($30,875.00). (CCP § 515.010; Singleton Decl. ¶¶ 6, 7 & Ex. C.)

Within two court days, using the applicable Judicial Council Form, plaintiff shall submit a Proposed Order for Writ of possession as to defendant Sylvia Garcia in accordance herewith.