Judge: Mark H. Epstein, Case: 22SMCV02025, Date: 2023-01-03 Tentative Ruling

Case Number: 22SMCV02025    Hearing Date: January 3, 2023    Dept: R

This is an application for a writ of possession relating to various pieces of leased equipment.  Plaintiff contends that the equipment was delivered pursuant to a five year lease in 2018.  Defendant has not paid on the lease (which was amended in 2020) since June 29, 2022.  Plaintiff contends that there is over $185,000 owing in principal plus interest.  There is also a guarantee.  Plaintiff seeks immediate possession of the equipment.

The court agrees that Code of Civil Procedure section 511.010 has been satisfied and the application is therefore GRANTED except as to Hicks.  As to Hicks, the court has not seen a proof of service.  There is a proof of substituted service on Apex and Benson showing service on November 28, 2022, which is timely.  Because defendant appears to be in default, no bond is required.