Judge: Mary H. Strobel, Case: 22STLC02910, Date: 2022-08-16 Tentative Ruling
Case Number: 22STLC02910 Hearing Date: August 16, 2022 Dept: 82
Alliant Credit Union, v. David Valencia |
Judge Mary H. Strobel Hearing: August 16, 2022 |
22STLC02910 |
Tentative Decision on
Application for Writ of Possession: DENIED
|
Plaintiff
Alliant Credit Union (“Plaintiff”) seeks a writ of possession against Defendant
David Valencia (“Defendant”) over the following property: 2018 Hornet Hideout l
78LHS motor vehicle, VIN # 4YDT17816JW249141 (“Vehicle”).
Plaintiff
filed its complaint on April 25, 2022.
Plaintiff filed its application for writ of possession on May 2, 2022. Plaintiff has not filed a proof of service
showing service on Defendant of the underlying complaint and of the instant
application, i.e., the notice of the hearing date, the application for writ of
possession (Form CD-100), and the points and authorities.
No
opposition has been received.
Analysis
Before
a hearing on an application for Writ of Possession, the defendant must be
served with (1) a copy of the summons and complaint; (2) a Notice of
Application and Hearing; and (3) a copy of the application and any affidavit in
support thereof. (Id., § 512.030.)
Plaintiff
did not file a proof of service showing service of the Complaint or applicable
moving papers. The application is DENIED.