Judge: Curtis A. Kin, Case: 24STCV20997, Date: 2024-10-15 Tentative Ruling

Case Number: 24STCV20997    Hearing Date: October 15, 2024    Dept: 86

APPLICATION FOR WRIT OF POSSESSION

Date: 10/15/24 (1:30 PM)

Case: North Mill Equipment Finance LLC v. Luis Fernando Nunez Barajas (24STCV20997)

TENTATIVE RULING:

Plaintiff North Mill Equipment Finance LLC’s UNOPPOSED Application for Writ of Possession is GRANTED. The Court finds that plaintiff has established the probable validity of its claim to possession of the property, namely, the following: One (1) 2023 OmniPrint PKGF-J330TX Plus Printing Equipment, Serial/VIN #QUOTE# K4015 VIN: #1224288049016TX

The Court will sign the Proposed Order, electronically received 8/20/24, but will strike the portion of the proposed order stating that the sheriff may enter “Such other location known by Defendants.” (Proposed Order at § 5(f).) Plaintiff has not demonstrated probable cause that the equipment is at any location other than the address specified in the Equipment Finance Agreement. (Miller Decl. ¶ 4 & Ex. 1.)

The Court finds that a turnover order under CCP § 512.070 is warranted here.

No undertaking is required. The amount owed ($33,486.02) exceeds the market value of the equipment ($8,000.00). (CCP § 515.010; Miller Decl. ¶¶ 16, 20 & Ex. 3.)

At the hearing, the Court will hear from counsel as to what undertaking shall be required by the defendant for redelivery or to stay delivery in accordance with CCP § 515.020(a). and its reference to CCP § 515.010.