Judge: John J. Kralik, Case: 24NNCV03237, Date: 2024-10-04 Tentative Ruling
Case Number: 24NNCV03237 Hearing Date: October 4, 2024 Dept: NCB
North Central District
JOSEPH A. CARNAHAN, Plaintiff, v.
MICHELLE CROSBY, Defendant. |
Case No.: 24NNCV03237
Hearing Date: October 4, 2024 [TENTATIVE] ORDER RE: APPLICATION FOR WRIT OF POSSESSION
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BACKGROUND
A. Allegations
Plaintiff Joseph A. Carnahan (“Plaintiff”) alleges that on December 12, 2023, Plaintiff leased a Porsche automobile from Porsche Downtown LA through Porsche Financial Services. Plaintiff alleges that the vehicle was leased in his name, registered and titled with the California DMV in his name, and was and remains his sole property. He alleges that he developed a romantic relationship with Defendant Michelle Crosby (“Defendant”) and lent her the vehicle. He alleges that on March 6, 2024, he revoked the loan and requested that Defendant return the vehicle. Plaintiff alleges that Defendant has not returned the vehicle but has instead absconded with the vehicle and turned off the factory installed tracking system.
The complaint, filed July 31, 2024, alleges causes of action for: (1) replevin; and (2) conversion.
B. Application for Writ of Possession
On August 2, 2024, 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 Joseph A. Carnahan’s application for a writ of possession is continued to December 13, 2024 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 Michelle Crosby.
Plaintiff is ordered to provide notice of this order.