Judge: Curtis A. Kin, Case: 23STLC05599, Date: 2024-02-01 Tentative Ruling

Case Number: 23STLC05599    Hearing Date: February 1, 2024    Dept: 82

APPLICATION FOR WRIT OF POSSESSION

(2 Applications)

Date:               2/1/24 (1:30 PM) 

Case:               Ally Bank v. Eduardo Daniel Barco Lopez (23STLC05599) 

TENTATIVE RULING:

With respect to defendant Eduardo Daniel Barco Lopez, 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 Eduardo Daniel Barco Lopez as required, the application cannot be granted.

With respect to defendant Karla Julissa Dominguez, the UNOPPOSED Application for Writ of Mandate is GRANTED. The Court finds that plaintiff has established the probable validity of its claim to possession of the property, namely, a 2018 Ford Mustang (VIN 1FA6P8TH8J5184880).

No undertaking is required. The amount owed ($18,143.51) exceeds the market value of the vehicle ($17,175.00). (CCP § 515.010; Singleton Decl. ¶¶ 6, 7 & Ex. C.)