Judge: Gary I. Micon, Case: 23CHCV02287, Date: 2024-04-16 Tentative Ruling

Case Number: 23CHCV02287    Hearing Date: April 16, 2024    Dept: F43

Dept. F43

Date: 4-16-24

Case #23CHCV02287, Ally Bank vs. Mirella Sandoval

Trial Date: N/A

APPLICATION FOR PRE-TRIAL WRIT OF POSSESSION

MOVING PARTY: Plaintiff Ally Bank

RESPONDING PARTY: No response has been filed

RELIEF REQUESTED

Plaintiff is requesting possession of a vehicle

RULING: The Application for Writ of Possession is denied.

SUMMARY OF ACTION

Plaintiff Ally Bank (Plaintiff) is the holder of a Contract whereby Defendant Mirella Sandoval (Defendant) purchased from Plaintiff’s assignor a 2019 Nissan Sentra. The Contract is in default and the balance due and owing on the contract is $28,901.68.

On December 12, 2023, Plaintiff obtained a default judgment of $28,901.68. Plaintiff also seeks possession of the vehicle, with Plaintiff having filed the application for writ of possession on September 13, 2023.

On February 2, 2024, a hearing was held on Plaintiff’s application for writ of possession. Plaintiff did not appear. Defendant appeared and represented to the Court that she returned the vehicle to the dealership, Nissan of Mission Hills, and notified the bank in October 2022.

The Court ordered Plaintiff to address Defendant’s contention that the vehicle was returned to the dealership. Plaintiff’s Points and Authorities were to be filed and served by March 25, 2024. Plaintiff has not filed anything in response.

Because Defendant represented that she returned the vehicle and Plaintiff has not indicated otherwise, Plaintiff’s Writ of Application for Possession is denied.

Moving party to give notice.