Judge: Richard S. Whitney, Case: 37-2019-00015016-CU-BT-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 15, 2023

11/17/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2019-00015016-CU-BT-CTL BIRD RIDES INC VS TALON AUTO ADJUSTERS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: BIRD RIDES INC.'S UNOPPOSED APPLICATION FOR WRIT OF POSSESSION is GRANTED.

Plaintiff Bird Rides, Inc. ('Plaintiff') seek to obtain possession of 'approximately 600 of Plaintiff's scooters' from Defendant Talon Auto, Inc. ('Defendant'). Defendant does not dispute that it continued to fail to comply with Vehicle Code section 22658 when impounding Plaintiff's scooters. Failure to file any opposition to the application indicates Defendant's acquiescence that the application is meritorious. (L.R.

2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Plaintiff provides evidence to support that Defendant continues to impound Plaintiff's scooters in a manner that violates Vehicle Code section 22658 such that the purported liens on the scooters are invalid. The application is granted.

Given Plaintiff has demonstrated Defendant did not properly obtain liens on the scooters, the Court 'finds that the defendant has no interest in the property' such that the Court must 'waive the requirement of the plaintiff's undertaking and shall include in the order for issuance of the writ the amount of the defendant's undertaking sufficient to satisfy the requirements of subdivision (b) of Section 515.020.' (Code Civ. Proc., § 515.010(b).) Under CCP section 515.020, a defendant 'may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff's undertaking....' (Code Civ. Proc., § 515.020(a).) The undertaking shall state that, if the plaintiff recovers judgment on the action, the defendant shall pay all costs awarded to the plaintiff and all damages that the plaintiff may sustain by reason of the loss of possession of the property. The damages recoverable by the plaintiff pursuant to this section shall include all damages proximately caused by the plaintiff's failure to gain or retain possession.

(Code Civ. Proc., § 515.020(b).) Plaintiff's Director of Operations estimates the scooters are valued at $500.00 - $1,200.00 each. (Decl. Geremia, ¶ 1 and 7.) Given the large range in purported value of the used scooters and pursuant to CCP section 515.010(b), the Court sets the undertaking amount at which Defendant may prevent loss/regain possession of the scooters at $300,000 (600 times $500).

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