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.