Judge: Curtis A. Kin, Case: 24STLC06714, Date: 2024-11-19 Tentative Ruling

Case Number: 24STLC06714    Hearing Date: November 19, 2024    Dept: 86

APPLICATION FOR WRIT OF POSSESSION

Date:               11/19/24 (1:30 PM) 

Case:               Evergreen Bank Group v. Armen Kovalenko (24STLC06714) 

TENTATIVE RULING:

Plaintiff Evergreen Bank Group’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 2024 Polaris RZR RZR XP 4 1000 PREM (VIN 3NSNMC996RF305058).

On 12/22/23, plaintiff entered into a contract with defendant Armen Kovalenko in connection with the purchase of an automobile. (Urso Decl. ¶ 5 & Ex. A.) Under this contract, upon a default of any provision, plaintiff has the right to take the vehicle from defendant. (Urso Decl. ¶ 5 & Ex. A at ¶ 12.) On 2/20/24, defendant defaulted in payment on the agreement. (Urso Decl. ¶ 7 & Ex. 3.) Plaintiff demanded surrender and is entitled to return of the automobile. (Urso Decl. ¶ 9.)

No undertaking is required. The amount owed ($26,133.27) exceeds the market value of the automobile ($22,940.00). (CCP § 515.010; Urso Decl. ¶ 11 & Ex. 4.)

Redelivery bond is ordered. The written undertaking required by defendant for redelivery or to stay delivery is in the amount of $22,940.00, the market value of the vehicle.

The Court will sign the proposed order, electronically received on 10/4/24.