Judge: Erick L. Larsh, Case: 30-2022-01268813-CU-BC-CJC, Date: 2022-11-02 Tentative Ruling

Application for Writs of Possession

The court is inclined to grant these applications.

Plaintiff has established the probable validity of its claims for possession of the subject vehicles, consisting of a 2020 Mercedes-Benz GLE350, VIN/serial number 4JGFB4KB9LA025872 (Vehicle #1); and a 2019 Mercedes-Benz CLS450C, VIN/serial number WDD2J5JB5KA031136 (Vehicle #2). (See Code Civ. Proc., § 512.010 et seq.; see also Maduabuchi Decl. ¶¶ 1-35, Exhs. 1-8; Judicial Council Form CD-100 Appl. ¶¶ 3-8.)

The court finds defendant Eliana R. Galvan aka Eliana Galvan (defendant) has no interest in the subject vehicles and therefore waives the requirement of plaintiff’s undertaking. (See Code Civ. Proc., § 515.010, subd. (b); see also Maduabuchi Decl. ¶¶ 23, 28, 32-35, Exhs. 5-8.)

If defendant wishes to prevent plaintiff from taking/regaining possession of Vehicle #1, defendant must post a counterbond or undertaking in the amount of $60,000. (See Code Civ. Proc., § 515.010, subd. (b); see also Maduabuchi Decl. ¶ 33.)

If defendant wishes to prevent plaintiff from taking/regaining possession of Vehicle #2, defendant must post a counterbond or undertaking in the amount of $65,000. (See Code Civ. Proc., § 515.010, subd. (b); see also Maduabuchi Decl. ¶ 35.)

The court hereby strikes the sentence appearing under paragraph 5f in each of the proposed orders for writ of possession, which reads, “The County Sheriff is hereby authorized to break locks and enter private property upon refusal of entry.” (See ROA No. 13, 14 [proposed orders].) This authority is already provided for as set forth in Code of Civil Procedure sections 512.080, subdivision (d), and 514.010, subdivision (c), and need not be re-stated here in this manner.

Plaintiff shall give notice.