Judge: Nathan Vu, Case: 2022-01263776, Date: 2022-09-12 Tentative Ruling

Application for Writ of Possession

The application for writ of possession of Plaintiff Financial Pacific Leasing, Inc. is GRANTED.

The Court ORDERS Plaintiff to prepare and submit a writ of possession consistent with Plaintiff’s application and this ruling, so that the writ may be entered.

Plaintiff Financial Pacific Leasing, Inc. applies for a writ of possession after hearing pursuant to Civil Procedure Code section 512.010. Specifically, Plaintiff seeks a pre-judgment writ of possession of a 2019 Xtreme XR1055ECAC Forklift, s/n XR1055-11-1902904289. Plaintiff asserts that Defendant Spectrum Construction Group, Inc. has failed to make the payments for this forklift as required under the Equipment Finance Agreement.

Defendant has not filed an opposition to this application.

Plaintiff has established the probable validity of its claim to possession of the 2019 Xtreme XR1055ECAC Forklift currently in the possession of Defendant. (See Civil Proc. Code, §§ 512.040, subd. (b), & 512.060, subd. (a); Gonzales Decl., ¶¶ 3-17, Exh. 1.) As of February 15, 2022, Defendant has been in default under the terms of the Agreement. (Gonzales Decl., ¶ 5.) Plaintiff has demanded that Defendant turn over the vehicle to Plaintiff, but Defendant has not complied. (Gonzales Decl., ¶ 13.)

Plaintiff is not required to post an undertaking. The amount owed under the Retail Installment Sale Contract, $132,639.92, exceeds the fair market retail value of the vehicle of approximately $50,000. (Gonzales Decl., ¶¶ 8, 17.)

Plaintiff to give notice.