Judge: Curtis A. Kin, Case: 24STCV31035, Date: 2025-03-11 Tentative Ruling

Case Number: 24STCV31035    Hearing Date: March 11, 2025    Dept: 86

APPLICATIONS (2) FOR WRIT OF POSSESSION

Date:               3/6/25 (1:30 PM) 

Case:               Ally Bank v. Christopher Urbano et al. (24STCV31035) 

TENTATIVE RULING:

Plaintiff Ally Bank’s UNOPPOSED Applications for Writ of Possession as to (1) defendant Christopher Urbano and (2) defendant Gabriel Urbano are GRANTED IN PART. The Court finds that plaintiff has established the probable validity of its claim to possession of the property, namely, a 2022 Chevrolet Corvette (VIN 1GlYC3D44N5116992).

No undertaking is required. The amount owed ($96,600.01) exceeds the market value of the vehicle ($75,375.00). (CCP § 515.010; Singleton Decl. ¶¶ 6, 7 & Exs. C-E.)

However, the Court does not find sufficient basis to permit entry into 7336 Pickering Ave., #C Whittier, CA 90602 as a location where the subject vehicle may be located. (See Singleton Decl. ¶ 10; Application ¶ 6.) The Retail Installment Sales Contract and Electronic Title Document indicate that defendants’ address is 673 1/2 50^th Street, Los Angeles, CA 90011. (Singleton Decl. ¶ 5 & Exs. A, B.) Both defendants were also served the Summons and Complaint at 673 1/2 50^th Street, Los Angeles, CA 90011. (See Proofs of Service of Summons filed on 2/4/25.)  Plaintiff has not demonstrated probable cause to believe that the vehicle may be located at the address located in Whittier.

By no later than 3/14/25, plaintiff Ally Bank shall submit proposed orders on the appropriate Judicial Council form which comport with the ruling herein.