Judge: Curtis A. Kin, Case: 23STLC02650, Date: 2023-08-22 Tentative Ruling

Hon. Curtis Kin The clerk for Department 82 may be reached at (213) 893-0530.

Case Number: 23STLC02650    Hearing Date: September 28, 2023    Dept: 82

APPLICATION FOR WRIT OF POSSESSION

Date:               9/28/23 (1:30 PM)

Case:               Transportation Alliance Bank, Inc. v. Christopher R. Ramos (23STLC02650)

TENTATIVE RULING:

Plaintiff Transportation Alliance Bank, Inc.’s application for writ of possession was first heard on August 22, 2023. The application was unopposed. The Court issued a tentative ruling to grant the application, but plaintiff requested to modify the application at the hearing.  (While not reflected in the Minute Order, the Court recalls plaintiff sought to add an additional location where the property may be taken that was not reflected in the application and supporting materials.) Accordingly, the Court continued the hearing to this date and ordered supplemental declarations and briefing to be filed and served on or before 09/01/2023. No supplemental declarations or briefs have been filed by any party.  Indeed, it does not appear from the docket that plaintiff even provided Notice to defendant of the continued hearing date or opportunity for supplemental filings, as this Court had ordered.  (See 8/22/23 Minute Order.)

At the hearing, the Court will hear from plaintiff whether the application should be DENIED or whether the Court should GRANT plaintiff’s UNOPPOSED application for writ of possession in accordance with the 8/22/23 tentative ruling.

Insofar as this Court decides to GRANT the application, the Court does find that plaintiff has established the probable validity of its claim to possession of the property, namely, a 2015 Freightliner CA125SLP Tractor (VIN 3AKJGLD51FSGA7843). The Court further finds that a writ may issue upon plaintiff’s posting of an undertaking in the amount of $65,018.74, pursuant to CCP § 515.010(a), which requires a bond of no less than twice the amount of defendant’s interest in property. Here, defendant’s interest in the vehicle is based on its market value of $55,422.00, minus the $22,912.63 defendant still owes. (Bishop Decl. ¶¶ 8, 20 & Ex. 5.) Redelivery bond shall also be ordered. The written undertaking required by the defendant for redelivery or to stay delivery is in the amount of $22,912.63, the balance owed by defendant. (Bishop Decl. ¶ 8.)

If the Court GRANTS the application, the Court shall sign the proposed Order for Writ of Possession, electronically received 4/26/23, with modifications to reflect the amount of undertaking required and accurate details (dates, appearances, bench officer) for the hearings on this matter.