Judge: Donald F. Gaffney, Case: Young v. Gunlei Corporation, Date: 2022-11-23 Tentative Ruling

TENTATIVE RULING:

Application for Writ of Possession

Plaintiffs William Young and Jennifer Young apply for a writ of possession for six vehicles: (1) Porsche VIM: WPIAA2AY9LDA04934; (2) Porsche VIN#: WP I AA2AYXLDA06403; (3) Porsche VIN#: WP I AA2AY9LDA06697; (4) Porsche VIN#: WP I AA2AYOMDA01812; (5) Mercedes VIN#: 4JGFF5KEXLA252850; (6) Mercedes VIN#: 4JGFF5KEOLA262903; and (7) Mercedes VIN#: 4JGFF5KE4LA266565. For the following reasons, the Application is DENIED without prejudice.

Although Plaintiffs served their Declaration, Exhibits, and Memorandum of Points and Authorities on Defendants’ counsel (see ROA No. 339), they did not file a Proof of Service in connection with the instant Application for Writ of Possession and Notice of Application for Writ of Possession. Pursuant to Code of Civil Procedure section 512.030, Defendants must be served with a Notice of Application and Hearing and a copy of the Application and any affidavit in support thereof.

Additionally, the court observes that the declaration filed in support of Plaintiffs’ Application for Writ of Possession was made and signed by both William Young and Jennifer Young. This is improper. Code of Civil Procedure section 2015.5, which governs declarations, permits declarations made by a single person. (See Code Civ. Proc., § 2015.5.) Without a valid declaration, Plaintiffs cannot demonstrate a probability of prevailing on the merits.  The Court also notes that Plaintiffs fail to properly authenticate any of the exhibits attached to the improper declaration.  Although the Court is sympathetic to the efforts a pro per party expends in presenting their case, and fully recognize the personal investment a pro per party has in their case, the Court must treat a pro per party the same as a represented party, i.e., uniformly applying the procedural and substantive rules. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247.)

The Application is DENIED without prejudice.

The Clerk shall give notice.