Judge: Mark H. Epstein, Case: 22SMCV01980, Date: 2023-02-08 Tentative Ruling

The Court generally uploads tentative rulings the morning of the hearing.  Because of that, the parties cannot submit on the tentative the night before and not appear.  However, if after reviewing the tentative ruling ALL COUNSEL submit, they should tell the Court's judicial assistant when checking in and the Court will endeavor to either not hear the case in light of the submission or, if the Court believes that a hearing is still needed for some other reason, then the Court will be inclined to give priority.

In some cases, tentative rulings may be given by email the morning of the hearing rather than on the tentative ruling site.  Please check your email if you have not seen the tentative.  The email is generally sent to the persons who have signed up for a remote hearing.

For those appearing in the courtroom, the Court will provide a hard copy of the tentative ruling. 

Case Number: 22SMCV01980    Hearing Date: February 8, 2023    Dept: R

The unopposed application for a writ of possession is GRANTED.  The statutory requirements have been met, including a showing that plaintiff is likely to succeed.  Accordingly, the statute provides that a writ “shall” issue.  Because it does not appear that defendant has an interest in the property, no bond is required.  The court is not going to hold a live testimony session today.  If plaintiff wants to inquire of defendant, plaintiff has other means to do so.