Judge: Matthew C. Braner, Case: 37-2024-00005005-CU-NP-CTL, Date: 2024-06-14 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - June 14, 2024
06/14/2024  01:30:00 PM  C-60 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Matthew C. Braner
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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2024-00005005-CU-NP-CTL HINSDALE MOTORSPORTS LLC VS LASCO [IMAGED] CAUSAL DOCUMENT/DATE FILED:
The court will hear from the parties regarding the status of the case.
The court notes that if a ruling is necessary with respect to Plaintiff Hinsdale Motorsports, LLC's application for writ of possession, the court is inclined to grant the application. Plaintiff has presented sufficient evidence to demonstrate its right to possession of the vehicles (namely, by demonstrating that title is in its name). Defendant David B. Lasco's evidence at best raises an issue of whether he is owed a share of the value of the vehicles.
It is also clear from both Defendant's declaratory evidence and his cross-complaint that his concerns are money-focused; other than their monetary value, the vehicles do not hold a unique or special interest to him. Conversely, Plaintiff's principal and Defendant's son, David E. Lasco, has presented sufficient evidence to show the vehicles do hold a unique and special interest to him. He has also sufficiently rebutted Defendant's claims of indebtedness and insolvency, upon which Defendant has asserted his son, if he gains possession of the vehicles, will immediately sell the vehicles to pay his debts.
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