Judge: Robert P. Dahlquist, Case: 37-2023-00021248-CL-BC-NC, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Limited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00021248-CL-BC-NC JOHN DEERE CONSTRUCTION & FORESTRY COMPANY VS MCCORKLE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Application for Writ of Possession, 09/21/2023

Plaintiff John Deere Construction & Forestry Company's unopposed application for writ of possession (ROA # 13) is granted.

The court deems the lack of opposition to be a concession as to the merits of the application. In addition, despite the absence of opposition, the court has reviewed the merits of the application, and finds that the application should be granted.

Defendant Garett Scott McCorkle entered into a Retail Installment Contract and Security Agreement on August 1, 2019 for a new Vermeer CTX100 Mini Skid Steer. Johnson Decl. (ROA # 16), Exhibit A.

Plaintiff retained a right to accelerate payments and demand surrender for collateral under the loan documents in the event of a default. Johnson Decl., ¶ 6.

The court finds that plaintiff has established the probable validity of its claim to possession of the Mini Skid Steer and also finds there is probable cause to believe the Mini Skid Steer is located at 2258 Catalina Avenue, Vista, California 92084. Id. at ¶ 14.

The court finds that the defendant has an interest in the subject vehicle and, under CCP § 515.010(b), orders the plaintiff to file an undertaking. Plaintiff has presented evidence demonstrating that an undertaking has been filed in the amount of $45,000. ROA # 17. The court is willing to stay the execution of the writ of possession upon defendant filing an undertaking in the amount of $14,439.94.

The court invites plaintiff to appear at the hearing to address: (1) whether plaintiff intends to request entry of default; and (2) whether plaintiff plans to prosecute this case by way of default.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, November 17, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of November 17, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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