Judge: Olivia Rosales, Case: 22NWCV00418, Date: 2022-09-15 Tentative Ruling

Case Number: 22NWCV00418    Hearing Date: September 15, 2022    Dept: SEC

AMERICAN CREDIT ACCEPTANCE, LLC v. LEAHY

CASE NO.:  22NWCV00418

HEARING: 09/15/22

JUDGE:  JOHN A. TORRIBIO

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TENTATIVE ORDER

Plaintiff AMERICAN CREDIT ACCEPTANCE, LLC’s unopposed application for writ of possession as to Defendants BRIANNA LEAHY; LASONJA B. ROBINSON; and CALIFORNIA DEPARTMENT OF MOTOR VEHICLES is DENIED without prejudice. 

Moving Party to give Notice.

No Oppositions filed as of September 13, 2022.  

Plaintiff AMERICAN CREDIT ACCEPTANCE, LLC (“Plaintiff”) applies for writs of possession against Defendants BRIANNA LEAHY; LASONJA B. ROBINSON; and CALIFORNIA DEPARTMENT OF MOTOR VEHICLES (collectively “Defendants”) pursuant to CCP §512.010. 

The Court notes that on July 25, 2022, Plaintiff and Defendant California Department of Motor Vehicles (“DMV”) filed a Stipulation indicating that “Plaintiff does not seek any monetary recovery of any kind at this time… against [DMV]…. [¶] [DMV] shall abide by the determination of this Court, respecting transfer of registration or title to the vehicle in question….” (07/25/22 Stipulation, ¶¶1-2.)

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 proof of service filed on June 7, 2022 indicates that Defendant California Department of Motor Vehicles was served by personal service on June 2, 2022.

As of September 13, 2022, no proofs of service have been filed showing that Defendants Brianna Leahy or Lasonja B. Robinson have been served with this Application or the summons and complaint. 

The Application is DENIED without prejudice.