Judge: Gary I. Micon, Case: 24CHCV02974, Date: 2024-11-01 Tentative Ruling

Case Number: 24CHCV02974    Hearing Date: November 1, 2024    Dept: F43

Dept. F43

Date: 11-1-24

Case #24CHCV02974, Medallion Bank vs. Gary Murl Beck, Jr.

Trial Date: N/A

APPLICATION FOR WRIT OF POSSESSION

MOVING PARTY: Plaintiff Medallion Bank

RESPONDING PARTY: No response has been filed.

RELIEF REQUESTED

Plaintiff is requesting possession of a trailer.

RULING: The Application for Writ of Possession is granted.

SUMMARY OF ACTION

Plaintiff Medallion Bank (Plaintiff) was the financier of Defendant Gary Murl Beck, Jr.’s (Defendant) purchase of a 2022 Hideout 272BH Travel Trailer. In exchanging for financing the purchase, Defendant agreed to make 144 monthly payments of $613.87 to Medallion Bank, commencing on March 27, 2023, and continuing on the same day of each month until the contracted amount was paid in full. The Contract is in default due to Defendant’s failure to pay.

Plaintiff seeks possession of the trailer, with Plaintiff having filed the application for writ of possession on August 20, 2024. Plaintiff filed proof of service on August 20, 2024, indicating that Defendant was served notice of the hearing via personal service on August 27, 2024. Default judgment was entered against Defendant on September 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 obtained a judgment that Defendant is in default on his payments under the contract. Plaintiff is entitled to possession of the trailer given Defendant’s failure to pay. Plaintiff’s application for writ of possession indicates that the trailer is stored at Defendant’s residence at 34718 Agua Duce Canyon Road, Agua Dulce, California 91390.

 The Court issues the writ of possession and directs transfer of the trailer.

Moving party to give notice.