Judge: Gary I. Micon, Case: 24CHCV00075, Date: 2024-09-06 Tentative Ruling

Case Number: 24CHCV00075    Hearing Date: September 6, 2024    Dept: F43

Alliant Credit Union vs. Edgar Magos Salazar

Trial Date: N/A

APPLICATION FOR WRIT OF POSSESSION

MOVING PARTY: Plaintiff Alliant Credit Union

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 without prejudice.

SUMMARY OF ACTION

Plaintiff Alliant Credit Union (Plaintiff) is the holder of a contract whereby Defendant Edgar Magos Salazar (Defendant) purchased from Plaintiff’s assignor a 2019 Keystone Avalanche 375RD motor vehicle. The Contract is in default and the balance due and owing on the contract is $65,793.84.

Plaintiff seeks possession of the vehicle, with Plaintiff having filed the application for writ of possession on January 24, 2024. No proof of service was filed with the complaint or the application for writ of possession, though Plaintiff did file proof of service with the notice of continuance of the hearing on June 6, 2024. However, prior to the hearing on an application for writ of possession, a defendant must be served with a copy of the summons and complaint, a notice of application and hearing, and a copy of the application and any affidavit in support thereof. (CCP § 512.030.) Plaintiff has not filed proofs of service for these things.

Accordingly, Plaintiff’s application is denied without prejudice.

Moving party to give notice.