Judge: Melvin D. Sandvig, Case: 24CHCV02705, Date: 2024-11-19 Tentative Ruling

Case Number: 24CHCV02705    Hearing Date: November 19, 2024    Dept: F47

Dept. F47

Date: 11/19/24

Case #24CHCV02705

WRIT OF POSSESSION

Application filed on 8/8/24.

MOVING PARTY: Plaintiff Ally Bank

RESPONDING PARTY: Defendant Jeremy Mathiason

RELIEF REQUESTED: A writ of possession regarding a 2021 Ram 1500 motor vehicle

(VIN 1C6SRFU94MN900541), with a value of $71,325.00.

RULING:

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of Defendant Jeremy Mathiason’s (Defendant) purchase of a 2021 Ram 1500 motor vehicle (the Vehicle) on or about 4/6/21 pursuant to a Retail Installment Sale Contract which has been assigned to Plaintiff Ally Bank (Plaintiff).  (Singleton Decl., Ex.A).  Pursuant to the contract, upon default, Plaintiff has the right to immediate possession of the Vehicle.  (Id., Ex.A, B).

Defendant is in default under the contract due to his failure to make the payment due and owing on 1/21/24 in the amount of $1,043.75, or any of the regular monthly payments of $1,391.66 due thereafter.  (Singleton Decl.).  Despite Plaintiff’s demand for surrender of the Vehicle, Defendant has failed to surrender the Vehicle to Plaintiff.  Id.  As of 7/9/24, there is due, owing and unpaid to Plaintiff on the contract the amount of $48,217.76 together with other charges as provided by the contract.  Id.  The Vehicle currently has a value between $71,325.00 and $79,100.00.  Id.

Based on the foregoing, on 7/30/24, Plaintiff filed this action against Defendant and Does 1-10 for Claim and Delivery of Personal Property.  On 8/8/24, Plaintiff filed the instant application against Defendant seeking an order granting a pre-trial writ of possession regarding a 2021 Ram 1500 motor vehicle (VIN 1C6SRFU94MN900541), with a value of $71,325.00.  Defendant has not opposed or otherwise responded to the application.

ANALYSIS

Upon a showing of the probable validity of Plaintiff’s right to possession of the Vehicle, a writ of possession shall issue subject to posting any applicable bond or undertaking.  See CCP 512.060(a).  A claim has probable validity if it is more likely than not that the plaintiff will obtain a judgment against the defendant on the claim.  See CCP 511.090. 

Upon the issuing of a writ of possession, the Court may also order the Defendant to transfer possession of the property to the Plaintiff.  See CCP 512.070.

The declaration of James Singleton submitted in support of the application, and lack of response thereto, establishes the probable validity of Plaintiff’s claim against Defendant.  However, Plaintiff provides no information regarding the undertaking requirements pursuant to CCP 515.010 which must be met before the Court can issue a writ of possession.  See CCP 512.060(a)(2); CCP 515.010. 

The Court may take additional oral and documentary evidence at the claim and delivery hearing.  CCP 512.050.

CONCLUSION

If Plaintiff provides sufficient evidence at or before the hearing regarding the amount of an appropriate undertaking or that an undertaking is not required under the circumstances, the application will be granted accordingly. 

If not, the hearing will be continued to allow for the submission of such evidence.