Judge: Cynthia A Freeland, Case: 37-2023-00029036-CU-BC-NC, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00029036-CU-BC-NC JOHN DEERE CONSTRUCTION & FORESTRY COMPANY VS KING STONE BUILDING INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Notice

of Application for Writ of Possession and Hearing, 10/20/2023 Plaintiff John Deere Construction & Forestry Company ('Plaintiff')'s application for writ of possession is granted.

The court construes Defendants King Stone Building Inc. and Jesus G. Rodriguez aka Jesus G.

Rodriguez Fuentes (collectively, 'Defendants')'s lack of opposition as a concession of the application's merits. See San Diego Rules of Court, Rule 2.1.19.B. In addition, the court finds that Plaintiff has complied with the substantive and procedure requirements for obtaining a writ of possession. See Cal. Code Civ. P. §§ 512.010(a)-(b), 512.020(a), 512.030(a)-(b), 512.040(a)-(d). Moreover, Plaintiff has provided sufficient evidence demonstrating the probable validity to its claim to possession of the subject property – a John Deere 325G Compact Track Loader (ID#1T0325GKJMJ394661) (the 'Property'). See Cal. Code Civ. P. § 512.060(a)(1). The evidence further establishes that the retail value of the Property is approximately $59,300.00 and the remaining balance Defendants owe under the parties' Retail Installment Contract – Security Agreement is $43,187.77. See Johnson Decl., ¶¶ 7, 9, Exs. A, C-D.

Consequently, the court will require that Plaintiff post an undertaking in the amount of $40,000.00, which Plaintiff has posted. See Cal. Code Civ. P. §§ 512.060(a)(2), 515.010(b); ROA No. 24. If Defendants wish to prevent Plaintiff from taking possession of the Property under the writ of possession or seek to regain possession of the Property at any time during this proceeding, they shall file an undertaking in the amount of $43,187.77. See Cal. Code Civ. P. §§ 515.020(a)-(d).

This order does not constitute an adjudication of whether Plaintiff's claims are actually valid. That determination will be made in subsequent proceedings in this action and will not be affected by this order. See Cal. Code Civ. P. § 512.040(b). Neither Defendants' failure to oppose the application nor their failure to rebut Plaintiff's evidence shall constitute a waiver of any defense they may have to Plaintiff's claims in this or any other action, or have any effect on their right to produce or exclude evidence at the trial of any such action. See Cal. Code Civ. P. § 512.100. The court's determinations in this order shall have no effect on the determination of any issues in this action other than the issues relevant to the application, nor shall they affect the rights of any party in any other action arising out of the same claim.

The court's determinations shall not be given in evidence nor referred to in the trial of any such action.

See Cal. Code Civ. P. § 512.110.

In light of the foregoing, the court grants Plaintiff's application for writ of possession.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, January 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 12, 2024. If the Calendar No.: Event ID:  TENTATIVE RULINGS

3040157 CASE NUMBER: CASE TITLE:  JOHN DEERE CONSTRUCTION & FORESTRY COMPANY VS KING  37-2023-00029036-CU-BC-NC parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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