Judge: Curtis A. Kin, Case: 24STLC06756, Date: 2024-11-07 Tentative Ruling

Case Number: 24STLC06756    Hearing Date: November 7, 2024    Dept: 86

APPLICATIONS (2) FOR WRIT OF POSSESSION

Date:               11/7/24 (1:30 PM) 

Case:               Wintrust Specialty Finance v. Reyes Express International, Inc. et al. (24STLC06756) 

TENTATIVE RULING:

Plaintiff Wintrust Specialty Finance’s UNOPPOSED Applications for Writ of Possession with respect to defendants Reyes Express International, Inc. and Carlos Reyes are GRANTED. The Court finds that plaintiff has established the probable validity of its claim to possession of the property, namely, a 2019 ISU TB (Serial No. JALC4W161K7009029).

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

The Court strikes the portion of the proposed orders stating that there is probable cause to believe that the equipment is located at 5800 Hamner Avenue, Space 413, Eastvale, CA 91752-4620 or “Such other location known to Defendants” and that the sheriff may enter these places to take possession of the property. (Proposed Orders at §§ 3(d), 5(f).) Plaintiff has not demonstrated probable cause that the equipment is at any location other than the address specified in Schedule A of the Equipment Finance Agreement, namely, 1243 Alvarado Street, Suite C1, Los Angeles, CA 90006-4178. (See Schachter Decl. ¶ 3 & Ex. 1.)

Before any writ shall issue, in accordance with CCP § 515.010, plaintiff shall post an undertaking in the amount of $11,120.96, which is twice the value of defendants’ interest in the equipment ($30,000 fair market value - $24,439.52 principal owed by defendants = $5,560.48 x 2 = $11,120.96). (Schachter Decl. ¶¶ 7, 12, 26.)

The Court will sign the Proposed Orders, electronically received 9/20/24, with amendments and alterations in accordance with this ruling.