Judge: Curtis A. Kin, Case: 24STLC05146, Date: 2024-10-22 Tentative Ruling

Case Number: 24STLC05146    Hearing Date: October 22, 2024    Dept: 86

APPLICATION FOR WRIT OF POSSESSION

Date:               10/22/24 (1:30 PM) 

Case:               BMW Bank of North America v. Joseph Lionetti (24STLC05146) 

TENTATIVE RULING:

Plaintiff BMW Bank of North America’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, a 2018 BMW 530e iPerformance motor vehicle (VIN WBAJA9C50JB250841).

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

No undertaking is required. The amount owed ($31,334.56) exceeds the market value of the vehicle ($19,184). (CCP § 515.010; Skeen Decl. ¶¶ 15, 21 & Exs. 3, 4.)

Redelivery bond is ordered. The written undertaking required by the defendant for redelivery or to stay delivery is in the amount of $33,000, as requested. (Skeen Decl. ¶ 22.)

The Court signs the proposed order electronically received on 8/2/24.