Judge: John J. Kralik, Case: 22BBCV01038, Date: 2023-04-28 Tentative Ruling

Case Number: 22BBCV01038    Hearing Date: April 28, 2023    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

harley-davidson credit corp., as assignee of eaglemark savings bank (hdcc),

                        Plaintiff,

            v.

 

jeffrey h kyle,

                        Defendant.

 

  Case No.:  22BBCV01038

 

  Hearing Date:  April 28, 2023

 

[TENTATIVE] order RE:

APPLICATION for writ of possession

 

 

BACKGROUND

A.    Allegations

Plaintiff Harley-Davison Credit Corp., as assignee of Eaglemark Savings Bank (HDCC) (“Plaintiff”) alleges that it entered into a Promissory Note and Security Agreement dated May 5, 2021 with Defendant Jeffrey H Kyle (“Defendant”) in the amount of $26,295.18 secured by a 2020 Harley-Davison FLHX Street Glide.  Plaintiff alleges that Defendant obtained possession of the motorcycle on May 5, 2021, pursuant to entering the contract.  It alleges that Defendant failed to make the February 4, 2022 payment and all subsequent payments. Plaintiff alleges that Defendant owes $25,287.82, plus interest, late charges, and attorney’s fees and costs, pursuant to the contract.

The complaint, filed November 21, 2022, alleges causes of action for: (1) claim and delivery of personal property; (2) breach of contract; and (3) common county – money lent.

B.     Application for Writ of Possession

On March 10, 2023, Plaintiff filed the application for writ of possession against Defendant.  

The Court is not in receipt of an opposition brief.

DISCUSSION

A.    Proof of Service

The Court is not in receipt of a proof of service of the summons, complaint, and application documents on Defendant. 

            As such, the Court will continue the hearing on the application so that Plaintiff has sufficient time to serve Defendant with the summons, complaint, and application papers.

CONCLUSION AND ORDER

            Plaintiff Harley-Davison Credit Corp., as assignee of Eaglemark Savings Bank (HDCC)’s application for a writ of possession is continued to June 2, 2023 at 8:30 a.m. in order to provide Plaintiff sufficient time to file a proof of service of the summons, complaint, and application documents on Defendant Jeffrey H Kyle.

            Plaintiff is ordered to provide notice of this order.