Judge: Donald F. Gaffney, Case: Young v. Gunlei Corporation, Date: 2022-09-07 Tentative Ruling

TENTATIVE RULING:

Plaintiffs William Young and Jennifer Young’s motion for issuance of writ of possession for the seven vehicles and turnover order against Defendants is DENIED.

Code of Civil Procedure section 512.010(a), provides: “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.”

Code of Civil Procedure section 512.010(b), requires the application for a writ of possession to be executed under oath and sets forth the required information.

Code of Civil Procedure section 516.010 further states “The Judicial Council may provide by rule for the practice and procedure in proceedings under this chapter.”

Additionally, Code of Civil Procedure section 516.020 provides “The Judicial Council shall prescribe the form of the applications, notices, orders, and other documents required by this chapter.”

Moreover, California Rules of Court, Rule 1.31 requires that “[w]herever applicable, [mandatory forms] must be used by all parties and must be accepted for filing by all courts.”

Thus, pursuant to instructions from the Legislature (CCP § 516.020), the Judicial Council has adopted a series of mandatory forms to implement the Claim and Delivery law (Judicial Council forms CD-100 through CD-200).  These mandatory forms include Application for Writ of Possession. 

Here, Plaintiffs seek a writ of possession by way of a Motion, which is unauthorized pursuant to the authority stated above.  Any application for writ of possession must be made on the mandatory Judicial Council forms. 

Accordingly, Plaintiffs’ request is DENIED.

Defendant to give notice.