Judge H. Jay Ford, III, Case Number: 23SMCV04060, Date: 2023-11-30 Tentative Ruling

Judge: H. Jay Ford, III, Case: 23SMCV04060, Date: 2023-11-30 Tentative Ruling

Case Number: 23SMCV04060 Hearing Date: November 30, 2023 Dept: O

Case Name: Ally Bank v. Joby John Harte, et al.

Case No.:	23SMCV04060	Complaint Filed:	8-29-23
Hearing Date:	11-30-23	Discovery C/O:	N/A
Calendar No.:	15	Discovery Motion C/O:	N/A
POS:	NOT OK	Trial Date:	None

SUBJECT: APPLICATION FOR WRIT OF POSSESSION

MOVING PARTY: Plaintiff Ally Bank

RESP. PARTY: No response as of 11-17-23

TENTATIVE RULING

Plaintiff Ally Bank’s Application for Writ of Possession is DENIED, without prejudice.

Substitute service was mailed to the incorrect apartment. The Defendant’s mailing address is 9663 Santa Monica Blvd Apt 731 Beverly Hills, CA 90210, however the substituted service was effected on 9663 Santa Monica Blvd #73 Beverly Hills, CA 90210. Plaintiff did not include a declaration identifying the specific location of the property. Furthermore, no proposed order was submitted. Plaintiff should also address whether a bond is necessary, i.e. whether Defendants have any equity in the collateral/equipment. More importantly, there is no evidence submitted in support of the application. The application states there is an attached declaration, but no declaration was attached to the submitted application documents. (Application, p. 1.) Furthermore, Ally did not submit a proposed order.