Judge: Matthew C. Braner, Case: 37-2023-00031174-CL-BC-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00031174-CL-BC-CTL AMERICAN CREDIT ACCEPTANCE LLC VS NAJERA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff American Credit Acceptance, LLC' application for writs of possession is GRANTED.

Background On October 12, 2023, Plaintiff filed an application and notice of application for a writ of possession against Defendant William G. Najera aka Gerald Najera. (ROA #'s 9-10.) Plaintiff seeks a writ of possession for a 2022 Harley Davidson FLHX, valued at approximately $21,260.00. According to the exhibits attached to declaration of Latoya Williams in support of the application, Defendant entered a retail installment sale contract to purchase the motorcycle on August 14, 2022. (ROA #12, Ex. 1.) Although it appears service was proper (ROA #'s 15-16), the application is unopposed.

Discussion Plaintiff's application satisfies the requirements set forth in Code of Civil Procedure section 512.010, subdivision (b). Plaintiff has made a showing of the basis for the claim and attached the relevant written instruments, including the sale contract and the certificate of title. (Code Civ. Proc., § 512.010, subd.

(b)(1); Williams Dec., ¶¶ 4-10, Exs. 1-2.) Plaintiff has made a showing the property is being wrongfully detained by Defendant. (Code Civ. Proc., § 512.010, subd. (b)(2); Williams Dec., ¶ 14.) Plaintiff has described the property, stated its value, and provided evidence Defendant has no equity in the property.

(Code Civ. Proc., § 512.010, subd. (b)(3); Williams Dec., ¶¶ 11-12, Exs. 3-4.) Plaintiff has provided a satisfactory statement as to the location of the property at 12741 Laurel St., Unit 12, Lakeside, CA 92040. (Code Civ. Proc., § 512.010, subd. (b)(4); Williams Dec., ¶¶ 15-16; ROA #13, Declaration re: Location of Vehicle.) Plaintiff has stated the property has not been taken for a tax, assessment, fined, or seized. (Code Civ. Proc., § 512.010, subd. (b)(5); Williams Dec., ¶ 13.) Based on the submitted evidence, Plaintiff has established the probable validity of its claim to possession of the property. (Code Civ. Proc., § 512.060, subd. (a)(1).) The court also finds that Defendant has no interest in the property because the debt he owes exceeds the value of the property.

Consequently, the requirement for an undertaking is waived. (Code Civ. Proc., §§ 512.060(a)(2), 515.010(b).) The court will set the amount of defendant's undertaking to prevent Plaintiff from taking possession of the property at $25,266.64, equal to the principle owed on the financed property. (Code Civ. Proc., §§ 515.010(b), 515.020(a); Williams Dec., ¶¶ 9-10.) Conclusion Calendar No.: Event ID:  TENTATIVE RULINGS

3035642  16 CASE NUMBER: CASE TITLE:  AMERICAN CREDIT ACCEPTANCE LLC VS NAJERA [IMAGED]  37-2023-00031174-CL-BC-CTL The 2022 Harley Davidson FLHX, VIN 1HD1KBC26NB640960, may be seized from Defendant William G. Najera aka Gerald Najera at 12741 Laurel St., Unit 12, Lakeside, CA 92040.

Because the fair market value of the property is substantially less than the amount owed by Defendant, Plaintiff does not need to post an undertaking. (Code Civ. Proc., § 515.010, subd. (b).) The court will sign the proposed order for writ of possession after hearing (Form CD-120) if the tentative is confirmed.

Plaintiff is directed to submit a proposed writ of possession after hearing (Form CD-130). The proposed writ shall be prepared in conformance with the proposed order.

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