Judge: Frank M. Tavelman, Case: 24NNCV03700, Date: 2025-03-14 Tentative Ruling

Case Number: 24NNCV03700    Hearing Date: March 14, 2025    Dept: A

APPLICATION FOR WRIT OF POSSESSION

NOTICE:

The Court is not requesting oral argument on this matter.  The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested.  Unless the Court directs argument in the Tentative Ruling, no argument is requested and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party’s intention to appear and argue.  The tentative ruling will become the ruling of the court if no argument is received.  

Notice may be given either by email at BurDeptA@LACourt.org or by telephone at (818) 260-8412.

ALLEGATIONS: 

Daimler Truck Financial Services USA, LLC (Plaintiff) brings this action against Avak Transportation, Inc. & Hiko Agavyan (Defendants) in connection with a Retail Installment Contract. Plaintiff alleges that Defendants agreed to purchase over time a 2020 PT126SLP Freightliner (the Truck) and subsequently defaulted on payments.

On May 15, 2024, Plaintiff filed its Complaint stating five causes of action for (1) Breach of Contract, (2) Breach of Guaranty, (3) Common Count, (4) Claim and Delivery, and (5) Conversion.

Before the Court are two Applications made by Plaintiff for a Writ of Possession as against Avak Transportation, Inc. (Avak) & Hiko Agavyan (Agavyan) separately. Plaintiff seeks to recover the Truck so that it may recoup funds toward the defaulted agreement. Defendants have filed no response to these applications.

ANALYSIS: 

C.C.P. § 512.030 requires personal service of an application for writ of possession in instances where the defendant has not appeared in the action. Neither Avak, nor Agavyan have appeared in this matter and thus Plaintiff must personally serve these applications or demonstrate that the circumstances are such that substitute service is proper. (See C.C.P. § 415.20(b).)

Plaintiff’s applications were initially set for hearing on December 7, 2024. On December 6, 2024, Plaintiff requested the hearings be continued to the instant date to allow more time to personally serve Avak and Agavyan. Plaintiff has filed no proof of service since that time.

Accordingly, Plaintiff’s applications are DENIED without prejudice.

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RULING:

In the event 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 

Daimler Truck Financial Services USA, LLC’s Applications for Writ of Possession came on regularly for hearing on March 14, 2025, 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 APPLICATIONS FOR WRIT OF POSSESSION ARE DENIED WITHOUT PREJUDICE.

THE COURT CONTINUES THE CASE MANAGEMENT CONFERENCE AND SET AN OSC RE PROOF OF SERVICE FOR JULY 9, 2024 AT 9:00 AM.

PLAINTIFF TO GIVE NOTICE.

IT IS SO ORDERED.