Judge Gary I. Micon, Case Number: 24CHCV03755, Date: 2025-02-18 Tentative Ruling

Judge: Gary I. Micon, Case: 24CHCV03755, Date: 2025-02-18 Tentative Ruling

Case Number: 24CHCV03755 Hearing Date: February 18, 2025 Dept: F43

Dept. F43

Date: 02-18-25

Case # 24CHCV03755, Ally Bank v. Lomeli

Trial Date: None set.

WRIT OF POSSESSION

MOVING PARTY: Plaintiff Ally Bank

RESPONDING PARTY: N/A

RELIEF REQUESTED

Writ of Possession.

RULING: Motion is granted.

SUMMARY OF ACTION

In February 2023, Jason Lomeli bought a 2013 GMC Savana Cargo Van which was purchased through a retail sales installment contract that required him to make monthly payments of $1,024.96. He stopped making payments in October 2023, including an additional $524.80 which was due, leaving an unpaid balance of $46,719.10 and has refused a request to return the vehicle. Ally Bank is the assignee of the contract and sued Lomeli for claim and delivery of personal property and a common count of money owed on a contract. Ally also filed an application for writ of possession of the vehicle, alleging Lomeli still has the vehicle.

The application is supported by the declaration of James Singleton, Ally’s authorized representative. Ally is asking to recover either the vehicle or its current value, a writ ordering Lomeli to turn the vehicle over to Ally, and an order barring Lomeli from transferring the vehicle to anyone else or concealing its location. (Declaration of James Singleton, ¶¶ 6-9.)

According to Singleton the vehicle has a wholesale value of $10,775.00, a retail value of $14,875.00, and is currently at Lomeli’s home at 13933 Hubbard Street, Sylmar, CA 91342. (Singleton Dec., ¶¶ 7, 10.)

Lomeli has not filed an opposition.

ANALYSIS

Upon, or after, filing a complaint, the plaintiff may apply for a writ of possession by filing a written application for the writ with the court in which the action is brought. (Code Civ. Proc., § 512.010, subd. (a).)

The application must be executed under oath and include:

(1) A showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff’s claim is a written instrument, a copy of the instrument shall be attached.

(2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention.

(3) A particular description of the property and a statement of its value.

(4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there.

(5) A statement that the property has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.

(Code Civ. Proc., § 512.010, subd. (b).)

Attached to Singleton’s declaration are the following exhibits: (1) a copy of the installment contract at issue; (2) a California title certificate for the vehicle; and (3) a J.D. Power report showing the vehicle’s value as of September 13, 2024.

The sales contract states that the vehicle may be repossessed if Lomeli defaults. (Singleton Dec., Exh. A, at p. 3.) Ally has established that Lomeli has been in default since October 2023. (Singleton Dec., ¶ 6.) Ally currently holds a first priority security interest in the vehicle according to the title certificate dated September 13, 2024. (Singleton Dec., Exh. B.) Ally also states that the vehicle has not been taken for tax, assessment or fine, under any statute, or seized under an execution or attachment against the property of Ally. (Singleton Dec., ¶ 9.)

Ally declares that Lomeli wrongfully possesses the vehicle after Ally demanded Lomeli surrender possession of the vehicle. (Singleton Dec., ¶ 6.) Based upon Lomeli’s file, Lomeli resides at 13933 Hubbard Street, Sylmar, CA 91342. (Singleton Dec., ¶ 10.) Ally believes the vehicle is located at this address.

The Court finds that plaintiff Ally Bank has met its burden and is entitled to a writ of possession of the 2013 GMC Savana Cargo Van, Vehicle Identification No. 1GDS7DC41D1157199, along with orders prohibiting defendant Lomeli from transferring possession or otherwise concealing that truck.

Plaintiff Ally Bank to give notice.