Judge Olivia Rosales, Case 22NWCV00391 2022-08-03 Tentative Ruling

Judge: Olivia Rosales, Case: 22NWCV00391, Date: 2022-08-03 Tentative Ruling

Case Number: 22NWCV00391 Hearing Date: August 3, 2022 Dept: SEC

AMUR EQUIPMENT FINANCE, INC. v. INFO CORP.

CASE NO.: 22NWCV00391

HEARING: 08/03/22

JUDGE: MARGARET M. BERNAL

TENTATIVE ORDER

I. Plaintiff AMUR EQUIPMENT FINANCE, INC.’s unopposed application for writ of possession as to Defendant INFO CORP. is GRANTED.

II. Plaintiff AMUR EQUIPMENT FINANCE, INC.’s unopposed application for writ of possession as to Defendant JENNIE AERAN PARK is GRANTED.

Moving Party to give Notice.

No Oppositions filed as of August 1, 2022.

Plaintiff AMUR EQUIPMENT FINANCE, INC. (“Plaintiff”) applies for writs of possession against Defendants INFO CORP. and JENNIE AERAN PARK (collectively “Defendants”) pursuant to CCP §512.010.

Notice

Prior to the hearing, the defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.)

The proofs of service filed on June 21, 2022 show that Defendants were served with all necessary documents on June 6, 2022.

Merits

Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP §512.010(a).) The application shall include all of the following:

1. A showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff’s claim is a written instrument, a copy of the instrument shall be attached.

2. A showing that the property is wrongfully detained and of the manner in which defendant came into possession.

3. A particular description of the property and a statement of its value.

4. The property’s location based on plaintiff’s knowledge, information and belief; and

5. A statement that the property has not been seized by statute or execution against it.

The writ will be issued if the plaintiff’s claim is probably valid. (CCP §512.040(b).) A writ to take possession of property at a private location requires the plaintiff to show probable cause that the property is located there. (CCP §512.060(b).)

“On or about February 27, 2019, Defendant Info Corp., as Lessee, entered into a written Lease Agreement (the ‘Lease’) with Plaintiff, as Lessor, wherein Plaintiff leased to Info Corp. the following equipment: 2018 Hansol DPS MROD-1835 Heat Transfer Calendar Machine 3Phase 200Volt (the ‘Equipment’) as more specifically described in the Agreement.” (Vanbibber Decl., ¶3.) “On or about April 1, 2022, Defendant Info Corp. breached the terms of the Agreement by failing to make the monthly payment required thereunder, and further has failed to become current in the payments under the Agreement.” (Vanbibber Decl., ¶5.) “To induce Plaintiff to furnish the above-described Equipment under the Agreement to Defendant, on or about February 27, 2019, Defendant Park… executed a Continuing Guaranty of all of Defendant Info Corp.’s obligations under the Agreement in favor of Plaintiff….” (Vanbibber Decl., ¶10.)

The property has not been seized pursuant to an execution or attachment.

No Oppositions have been filed as of August 1, 2022.

Based on the evidence presented. It is relatively undisputed that Plaintiff’s claim is valid.

Undertaking: A bond must be posted as part of the undertaking unless the court finds that the defendant has no interest in the property. (CCP 515.010(b).) The undertaking must be in an amount equal to twice the value of the defendant's interest in the property (market value less all liens, etc.). (CCP 515.010.) Defendant’s interest is based on the market value of the property less (1) any amount due and owing on any conditional sales contract or security agreement, (2) all liens and encumbrances on the property, and (3) any other factors to determine the defendant’s interest in the property. (CCP 515.010(a).)

The balance owed ($67,813.55) is greater than the value of the Property (as valuated by Plaintiff) ($31,175.00). Plaintiff is not required to post an undertaking.

The undertaking required by Defendants for redelivery or to stay delivery is $31,175.00 (CCP §515.020.)