Judge: Katherine Chilton, Case: 22STLC07007, Date: 2023-05-18 Tentative Ruling

Case Number: 22STLC07007     Hearing Date: May 18, 2023    Dept: 25

PROCEEDINGS:      APPLICATION FOR WRIT OF POSSESSION

MOVING PARTY:   Plaintiff Harley-Davidson Credit Corporation, as Assignee

RESP. PARTY:         None

APPLICATION FOR WRIT OF POSSESSION

(CCP § 512.010)

TENTATIVE RULING:

The Application for Writ of Possession filed by Plaintiff Harley-Davidson Credit Corporation, as Assignee, is placed off calendar.

SERVICE: 

[X] Proof of Service Timely Filed (CRC 3.1300)             OK

[X] Correct Address (CCP 1013, 1013a)                                     OK

[X] 75/80 Day Lapse (CCP 12c and 1005 (b))                     OK

OPPOSITION:          None filed as of May 16, 2023.               [   ] Late                      [X] None

REPLY:                     None filed as of May 16, 2023.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On October 21, 2022, Plaintiff Harley-Davidson Credit Corp., as Assignee of Eaglemark Savings Bank (HDCC) (“Plaintiff”) filed an action against Defendant Rodrigo D. Robledo aka Rodrigo Salomon Robledo (“Defendant”) for (1) claim & delivery, (2) breach of contract, and (3) common count – money lent.

On February 14, 2023, Plaintiff filed an Application for Writ of Possession (“Application”).

            The Court finds that the instant Application is not appropriately filed in a limited civil department.  Plaintiff may instead file it in the Writs and Appeals Division of the Superior Court.

Accordingly, the Application for Writ of Possession filed by Plaintiff Harley-Davidson Credit Corporation, as Assignee, is placed off calendar.