Judge: Joel L. Lofton, Case: 23AHCV00040, Date: 2023-04-10 Tentative Ruling
Case Number: 23AHCV00040 Hearing Date: April 10, 2023 Dept: X
Tentative Ruling
Judge Joel L. Lofton,
Department X
HEARING DATE: April
10, 2023 TRIAL DATE: No date set.
CASE: VW CREDIT LEASING
LTD, a Delaware Statutory Business Trust, v. YAWEI WEI, an individual; and DOES
1 through 10, inclusive.
CASE NO.: 23AHCV00040
APPLICATION
FOR WRIT OF POSSESSION
MOVING PARTY: Plaintiff VW Credit Leasing LTD
(“Plaintiff”)
RESPONDING PARTY: No
response filed.
SERVICE: Filed January 19, 2023
RELIEF
REQUESTED
Plaintiff files an
application for a writ of possession for a 2022 Audi Q7, vehicle identification number WA1AJBF75ND015556
(“Subject Vehicle”).
BACKGROUND
This case arises out of Plaintiff’s claim
Defendant Yawei Wei (“Defendant”) failed to make payments for the lease of a
2022 Audi Q7, vehicle identification number WA1AJBF75ND015556 (“Subject
Vehicle”). Plaintiff alleges Defendant leased the Subject Vehicle to Plaintiff
on July 15, 2022. Plaintiff alleges Defendant failed to make payments starting
on August 14, 2022. Plaintiff filed this complaint on January 5, 2023, alleging
two causes of action for (1) breach of contract and (2) claim and delivery.
TENTATIVE RULING
Plaintiff’s
application for writ of possession is tentatively GRANTED.
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 its claim
is the lease agreement, which was assigned to Plaintiff. (Perez Decl. ¶ 6, Exhibit 1.) Plaintiff also provides it is
the registered owner and lienholder of record of the Subject Vehicle. (Id. ¶
7, Exhibit 2.) Plaintiff provides Defendant breached the lease agreement when Defendant
failed to make the monthly payment on August 14, 2022. (Id. ¶ 9.)
Plaintiff provides it demanded the return of the Subject Vehicle, but that
Defendant failed to turnover possession of the Subject Vehicle. (Id. ¶
10.) Plaintiff provides the wholesale value of the Subject Vehicle is
approximately $54,921.00 and the retail value of the Subject Vehicle is
approximately $63,059. (Id. ¶ 11.) Plaintiff provides, based on information
and belief, that the Subject Vehicle is at Defendant’s last known address. (Id.
¶ 14.)
Plaintiff has complied with the requirements of Code of
Civil Procedure section 512.010.
Service Under Code of Civil Procedure Section 512.030
Plaintiff filed a proof of substituted service which
provides that on January 30, 2023. Defendant was served a copy of the summons,
complaint, the notice, the application for writ of possession, and the
declaration.
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.)
Based on the attached lease agreement (Perez Decl. ¶ 6, Exhibit 1) and certificate
of title (id. ¶ 7, Exhibit 2)
the Court tentatively finds that Plaintiff has established the probable
validity of its claim to possession of the Subject Vehicle.
Plaintiff also provides that under the lease agreement because
Defendant refused to return the Subject Vehicle, Plaintiff is entitled to
accelerate the total amount due. (Id. ¶ 12.) Plaintiff provides that the balance Defendant owes
Plaintiff totals $72,412.12. (Id. ¶ 12, Exhibit 4.) Plaintiff has
demonstrated that Defendant has no interest in the Subject Vehicle. Pursuant to
Code of Civil Procedure section 515.020, Defendant may prevent Plaintiff from
taking possession by filing an undertaking equal to the estimated retail value
of the Vehicle, which Plaintiff estimates to be $63,059.00 (Id. ¶ 13.)
CONCLUSION
Plaintiff’s
application for writ of possession is tentatively GRANTED.
Moving
Party to give notice
Dated: April 10, 2023 ___________________________________
Joel
L. Lofton
Judge
of the Superior Court
Parties who intend to submit on this tentative must send an
email to the court indicating their
intention to submit.
Parties intending to appear are strongly encouraged to appear remotely. alhdeptx@lacourt.org