Judge: Frank M. Tavelman, Case: 21BBCV01033, Date: 2022-09-06 Tentative Ruling

Case Number: 21BBCV01033    Hearing Date: September 6, 2022    Dept: A

Application for Order to Seize Property in Private Place

ALLEGATIONS:

Plaintiff Porsche Financial Services, Inc. (“Plaintiff”) filed suit against Defendant Gor Hovsepyan (“Defendant”) on December 15, 2021, alleging that Defendant entered into a Retail Installment Sale Contract (“Agreement”) with Plaintiff on May 23, 2021 for the purchase of a used 2019 Porsche Cayenne, VIN WP1AB2AY0KDA63608 (“Subject Vehicle”) through 60 monthly payments. Plaintiff alleges that paragraph 2c of the Agreement gave a security interest in the Subject Vehicle to Plaintiff. Plaintiff further alleges that Defendant defaulted on the Agreement on September 7, 2021, and so Plaintiff is entitled to demand possession of the Vehicle.

HISTORY:

The Court received the Application for Order to Seize Property in Private Place filed by Plaintiff on August 10, 2022.

RELIEF REQUESTED:

Plaintiff moves for an order directing the levying officer to seize the Subject Vehicle in a private place.

ANALYSIS:

I.          LEGAL STANDARD

The judgment creditor may apply ex parte, or by noticed motion if the court or a court rule so requires, for an order directing the levying officer to seize the property in the private place. The application may be made whether or not a writ has been issued and whether or not a demand has been made by the levying officer for delivery of the property. (CCP § 699.030(b).) “The application for the order shall describe with particularity both the property sought to be levied upon, and the place where it is to be found, according to the best knowledge, information, and belief of the judgment creditor.” (Ibid.) The Court may only issue the order authorizing seizure if “the judgment creditor establishes that there is probable cause to believe that property sought to be levied upon is located in the place described.” (Ibid.)

II.        MERITS

Plaintiff asserts that it received a Writ of Possession for the Subject Vehicle from this Court on March 11, 2022 and instructed the Los Angeles County Sheriff to levy the Subject Vehicle from Defendant at 6535 Fulcher Avenue, North Hollywood, California 91606 (“Fulcher Address”). (Decl. Miller, ¶¶ 5-6.) Plaintiff asserts that the Subject Vehicle was not at the Fulcher address, and the resident living there stated that Defendant had moved. (Decl. Miller, ¶ 6.) Plaintiff asserts that it then conducted a location search through Lexis Nexis and found 7650 Kraft Avenue, North Hollywood, California 91605 (“Kraft Address”) as a possible address for Defendant, and further found a vehicle matching the description of the Subject Vehicle parked on the Kraft Address driveway and instructed the Sheriff to levy the Subject Vehicle from the Kraft Address on May 9, 2022. (Decl. Miller, ¶¶ 7-8.) Plaintiff asserts that the Sheriff demanded Defendant turn over the Subject Vehicle, which was behind a locked gate at the Kraft Address, but Defendant refused. (Decl. Miller, ¶ 9.)

The Court thus finds that Plaintiff has established that there is probable cause to believe that the Subject Vehicle is in the location described.

III.       CONCLUSION

The Court grants the instant motion.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Plaintiff Porsche Financial Services’ Application for Order to Seize Property in Private Place came on regularly for hearing on September 9, 2022, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE APPLICATION FOR ORDER TO SEIZE PROPERTY IN PRIVATE PLACE IS GRANTED.

IT IS SO ORDERED.

DATE:  September 9, 2022                           _______________________________

                                                                        F.M. TAVELMAN, Judge

                                                                        Superior Court of California

County of Los Angeles