Judge: Curtis A. Kin, Case: 23STLC05350, Date: 2023-11-09 Tentative Ruling

Case Number: 23STLC05350    Hearing Date: November 9, 2023    Dept: 82

APPLICATION FOR WRIT OF POSSESSION

Date:               11/9/23 (1:30 PM) 

Case:               Ally Bank v. Kareem M. Ali (23STLC05350) 

TENTATIVE RULING:

The Unopposed Application for Writ of Possession by plaintiff Ally Bank is DENIED.

The Retail Installment Sale Contract at issue was assigned by seller Car Star Motors to Ally Financial, not plaintiff Ally Bank. (Singleton Decl. ¶ 5 & Ex. A at p. 6.) Accordingly, based on the moving papers, plaintiff Ally Bank does not have standing to seek writ of possession.

Further, 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 as required, the application cannot be granted.