Judge Joel L. Lofton, Case 22AHCV00234 2022-07-27 Tentative Ruling

Judge: Joel L. Lofton, Case: 22AHCV00234, Date: 2022-07-27 Tentative Ruling

Case Number: 22AHCV00234 Hearing Date: July 27, 2022 Dept: X

Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE: July 27, 2022 TRIAL DATE: No date set.

CASE: ALLY BANK LEASE TRUST, an association, v. OGANES BARSEGYAN, an individual; DOES 1 through 10, inclusive.

CASE NO.: 22AHCV00234

APPLICATION FOR WRIT OF POSSESSION

MOVING PARTY: Plaintiff Ally Bank Lease Trust

RESPONDING PARTY: No response filed.

SERVICE: Filed May 2, 2022

RELIEF REQUESTED

Plaintiff files an application for a writ of possession for a 2019 Chevrolet Corvette, Vehicle Identification Number 1G1YU2D69K5602721.

BACKGROUND

This case arises out of an alleged failure to play under a lease for a 2019 Chevrolet Corvette (“Subject Vehicle”). Plaintiff Ally Bank Lease Trust (“Plaintiff”) alleges that Defendant Oganes Barsegyan (“Defendant”) failed to may payments under the lease for the Subject Vehicle on February 24, 2021. Plaintiff alleges that Defendant owes $84,508.18 under the lease. Plaintiff filed this complaint on April 25, 2022, alleging one cause of action for claim and delivery of personal property.

TENTATIVE RULING

The Court’s tentative ruling is to grant the application for writ of possession subject to Plaintiff’s demonstration that it has filed an undertaking.

LEGAL STANDARD

“Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter 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. section 512.010, subd. (a).)

“The application shall be executed under oath and shall include all of the following: [¶] (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. section 512.010, subd. (b).)

“Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: [¶] (1) A copy of the summons and complaint. [¶] (2) A Notice of Application and Hearing. [¶] (3) A copy of the application and any affidavit in support thereof.” (Code Civ. Proc. section 512.030, subd. (a).)

DISCUSSION

Requirements of Code of Civil Procedure Section 512.010

Plaintiff provides that the basis of this claim is a written lease that was assigned to Plaintiff. (Vander Veer Decl. ¶ 5, Exhibit A.) Plaintiff also attaches the certificate of title demonstrating Plaintiff’s ownership of the Subject Vehicle. (Id. ¶ 5, Exhibit B.) Plaintiff provides that Defendant has possession of the Subject Vehicle but has refused to surrender it. (Id. ¶ 8.) Plaintiff provides that Defendant failed to make the payments due under the lease starting from February 14, 2022. (Id. ¶ 6.)

Plaintiff provides that the Subject Vehicle is a 2019 Chevrolet Corvette, Vehicle Identification Number 1G1YU2D69K5602721. (Vander Veer Decl. ¶ 5.) Plaintiff provides that the wholesale value of the Subject Vehicle is $76,250.00 and the retail value is $82,075.00. (Id. ¶ 7.) Plaintiff provides that, to its best knowledge, the Subject Vehicle is at Defendant’s residence. (Id. ¶ 10.) Plaintiff provides that the property has not been taken for a tax assessment, or fine and has not been seized under an execution against Plaintiff’s property. (Application at p. 2, ¶ 8.)

Plaintiff has complied with the requirements of Code of Civil Procedure section 512.010.

Service Under Code of Civil Procedure Section 512.030

Plaintiff also submits a proof of service stating that it served Defendant with the summons, complaint, the notice of application, the application, and the memorandum. Plaintiff has complied with the proof of service requirements of Code of Civil Procedure section 512.030.

Issues at Hearing

“At the hearing, a writ of possession shall issue if both of the following are found: [¶] (1) The plaintiff has established the probable validity of the plaintiff’s claim to possession of the property. [¶] (2) The undertaking requirements of Section 515.010 are satisfied.” (Code Civ. Proc. section 512.060.)

The Court presently views that Plaintiff has established the probable validity of its claim to possession of the property through its submission of the certificate of title for the Vehicle. (Vander Veer Decl. ¶ 7, Exhibit B.)

CONCLUSION

The Court’s tentative ruling is to grant the application for writ of possession subject to Plaintiff’s demonstration that it has filed an undertaking.

Dated: July 27, 2022 ___________________________________

Joel L. Lofton

Judge of the Superior Court