Judge: Curtis A. Kin, Case: 24STLC07375, Date: 2025-01-23 Tentative Ruling

Case Number: 24STLC07375    Hearing Date: January 23, 2025    Dept: 86

APPLICATION FOR WRIT OF POSSESSION

Date:               1/23/25 (1:30 PM) 

Case:               Primera Financial Corp. v. Andre H. Larry (24STLC07375) 

TENTATIVE RULING:

Plaintiff Primera Financial Corp.’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 2016 Dodge Charger (VIN 2C3CDXHG7GH228826).

On 6/12/21, plaintiff’s predecessor entered into a contract with defendant Andre H. Larry in connection with the purchase of an automobile. (Alonso Decl. ¶ 4 & Ex. A.) The contract was subsequently assigned to plaintiff. (Alonso Decl. ¶ 4 & Ex. A.) Under this contract, upon a default of any provision, plaintiff has the right to take the vehicle from defendant. (Alonso Decl. ¶ 4 & Ex. A at ¶ 3(d).) On 2/12/24, defendant defaulted in payment on the agreement. (Alonso Decl. ¶ 5.) Plaintiff demanded surrender and is entitled to return of the automobile. (Alonso Decl. ¶ 7.)

By no later than 1/28/25, plaintiff shall submit a proposed order on the applicable Judicial Council form granting the application and permitting plaintiff to obtain and possess the 2016 Dodge Charger (VIN 2C3CDXHG7GH228826) with permission to enter 1706 W. 136^th Street, Rosewood, CA 90222 to do so.  No undertaking is required because the amount owed ($12,331.57) exceeds the market value of the vehicle ($10,558.00). (CCP § 515.010; Alonso Decl. ¶¶ 5, 6 & Ex. C.)  Redelivery bond in the amount of $10,558.00 is ordered.