Judge: Joel L. Lofton, Case: 23AHCV02133, Date: 2024-01-10 Tentative Ruling

Case Number: 23AHCV02133    Hearing Date: January 10, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      January 10, 2024                                             TRIAL DATE: No date set.

CASE:                         SANTANDER CONSUMER USA INC., a Illinois Corporation, v. TERENCE TAYLOR, an individual; ON STAR AUTO CLUB, INC., a corporation; DANTE BOYD, individually and dba ON STAR AUTO CLUB; CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, a California governmental agency; DOES 1 through 10, inclusive.  

CASE NO.:                 23AHCV02133

APPLICATION FOR WRIT OF POSSESSION

MOVING PARTY:               Plaintiff Santander Consumer USA Inc.

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed January 2, 2024

RELIEF REQUESTED

             Plaintiff applies for writ of possession for a 2022 Nissan Kick.

BACKGROUND

             This case arises out of Plaintiff Santander Consumer USA Inc.’s (“Plaintiff”) lawsuit for claim and delivery for a 2022 Nissan Kick, Vehicle Identification Number 3N1CPSCVONL51O3O9 (“Subject Vehicle”). Plaintiff filed this complaint on September 14, 2023, alleging four causes of action for (1) claim and delivery, (2) conversion, (3) quiet title, and (4) declaratory relief.

TENTATIVE RULING

            Plaintiff’s application for writ of possession is tentatively GRANTED upon Plaintiff’s compliance with the undertaking requirement of section 515.010.

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 it is entitled to possession of the vehicle because Defendant Terence Taylor failed to make payments for the Subject Vehicle. Plaintiff provides that it was assigned the rights to the contract for the Subject Vehicle. (Vargas Decl. ¶ 7, Exhibit A.) Plaintiff provides that Defendant defaulted under the contract by failing to make payments starting on August 22, 2022. (Id. ¶ 8.) Plaintiff provides Defendant owes $37,130.82 on the Subject Vehicle. (Ibid.) Plaintiff provides that the Subject Vehicle was transferred to a body shop and accrued fees totaling over $13,000. (Id. ¶ 10.) Plaintiff provides that the wholesale value of the Subject Vehicle is $20,147.00 and the retail value of the Subject Vehicle is $21,543.00. (Id. ¶ 14.) Plaintiff provides that the Subject Vehicle is located at either Taylor’s residence or at On Star Auto Club, Inc. (Id. ¶ 17.) Plaintiff also provides that the vehicle was not taken for tax, assessment, or fine, pursuant to statute. (Id. ¶ 16.)

            Plaintiff has met the requirements of Code of Civil Procedure section 512.010.

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.)

            Plaintiff requests the undertaking requirement to be $40,294.00. Plaintiff’s request to set the undertaking requirement at $40,294.00 is granted.

CONCLUSION

            Plaintiff’s application for writ of possession is tentatively GRANTED upon Plaintiff’s compliance with the undertaking requirement of section 515.010.

            Moving party to provide notice.

Dated:   January 10, 2024                                           ___________________________________

                                                                                    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.  alhdeptx@lacourt.org