Judge Lee W. Tsao, Case Number: 22NWCV01081, Date: 2023-10-25 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01081, Date: 2023-10-25 Tentative Ruling

Case Number: 22NWCV01081 Hearing Date: October 25, 2023 Dept: C

ALLIANT CREDIT UNION V. GARCIA

CASE NO.: 22NWCV01081

HEARING: 10/25/23 @ 10:30 a.m.

Plaintiff Alliant Credit Union’s unopposed application for writ of possession is GRANTED. No bond.

Moving Party to give NOTICE.

Plaintiff Alliant Credit Union (Plaintiff) applies for a writ of possession pursuant to CCP § 512.010 et seq.

Background

On October 24, 2022, Plaintiff filed this lawsuit against Defendant Juan R. Garcia (Defendant) for claim and delivery of personal property and writ of possession and restraining order and money due on contract arising out of Defendant’s alleged failure to make payments pursuant to a financing contract for a 2021 Grand Design M-397TH. Plaintiff alleges that Defendant failed to make payments under the contract beginning on April 8, 2021 and it is entitled to possession of the vehicle under the terms of the contract.

Discussion

If the proof of service is filed on or before the hearing, the following analysis applies:

Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b):

1. The basis of the plaintiff’s claim that the plaintiff is entitled to possession;

2. A showing that the property is wrongfully detained and of the manner in which defendant came into possession;

3. A particular description of the property and a statement of its value;

4. The property’s location based on plaintiff’s knowledge, information and belief; and

5. A statement that the property has not been seized by statute or execution against it.

The writ will be issued if the plaintiff’s claim is probably valid. (CCP § 512.040(b).) A writ to take possession of property at a private location requires the plaintiff to show probable cause that the property is located there. (CCP § 512.060(b).)

Plaintiff presents evidence that it is the true owner of the 2021 Grand Design M-397TH, VIN 573FM4532M1118679. (Chism Decl., ¶ 4.) Plaintiff states that Defendant signed a contract with Plaintiff to finance the purchase of the vehicle and default of the repayment terms of the contract granted Plaintiff the right to immediate possession of the vehicle. (Chism Decl., ¶ 4.) Plaintiff states that Defendant defaulted on the repayment terms beginning on April 8, 2021 and currently owes $123,426.84 under the contract. (Chism Decl., ¶ 5.) Defendant has failed to surrender possession of the vehicle to Plaintiff. (Chism Decl., ¶ 9.) Plaintiff is informed that the vehicle is currently at 25017 Harker Lane, Moreno Valley, CA 92551. (Chism Decl., ¶ 10.)

Based on Plaintiff’s declaration and lacking any opposition, Plaintiff’s claim is probably valid.

Undertaking: A bond must be posted as part of the undertaking unless the court finds that the defendant has no interest in the property. (CCP § 515.010(b).) The undertaking must be in an amount equal to twice the value of the defendant's interest in the property (market value less all liens, etc.). (CCP § 515.010.) Defendant’s interest is based on the market value of the property less (1) any amount due and owing on any conditional sales contract or security agreement, (2) all liens and encumbrances on the property, and (3) any other factors to determine the defendant’s interest in the property. (CCP § 515.010(a).)

Defendant has no interest in the property. Plaintiff is not required to post an undertaking.

Accordingly, Plaintiff Alliant Credit Union’s application for writ of possession is GRANTED. No bond.