Judge: Gary I. Micon, Case: 23CHCV03351, Date: 2024-05-20 Tentative Ruling

Case Number: 23CHCV03351    Hearing Date: May 20, 2024    Dept: F43

Dept. F-43

Date: 5-20-24

Case #23CHCV03351, Ally Bank vs. Happy Express Inc., et al.

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 granted.

SUMMARY OF ACTION

Plaintiff Ally Bank (Plaintiff) is the holder of a contract whereby Defendants purchased from Plaintiff’s assignor a 2017 FRHT Cascadia 125 motor vehicle. The Contract is in default and the balance due and owing on the contract is $43,826.59.

Plaintiff seeks possession of the vehicle, with Plaintiff having filed the application for writ of possession on January 22, 2024. Plaintiff filed proofs of service on February 5, 2024, indicating that Defendants were served notice of the hearing via substituted service on January 30, 2024.

ANALYSIS

Upon a showing of the probable validity of a plaintiff’s right to possession of the property claimed, a writ of possession shall be issued, subject to any possible bond or undertaking. (CCP § 512.060.) The claim has probable validity “where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (CCP § 511.090.) Once the requirements for issuance of the writ are met, CCP § 512.070 authorizes an order directing the defendant to transfer possession of the property to plaintiff. When necessary, the Court may take additional oral and documentary evidence at the claim and delivery hearing. (CCP § 512.050.)

Plaintiff has met the requirements set forth in the CCP for an application for writ of possession. Plaintiff has established that it would likely obtain a judgment based on the declaration and evidence submitted by Plaintiff that Defendants are in default on their payments under the contract. Plaintiff is entitled to possession of the vehicle given Defendants’ failure to pay. However, Plaintiff will need to obtain oral evidence from Defendants at the hearing regarding the location of the vehicle. Good cause exists for a brief examination of Defendants.

 The Court issues the writ of possession and directs transfer of the vehicle, pending Plaintiff obtaining the location of the vehicle at the hearing.

Moving party to give notice.