Judge: Salvatore Sirna, Case: 23PSCV01377, Date: 2023-09-26 Tentative Ruling

Case Number: 23PSCV01377    Hearing Date: November 21, 2023    Dept: G

Plaintiff Flagship Credit Acceptance LLC’s Application for Writ of Possession

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Flagship Credit Acceptance LLC’s Application for Writ of Possession is GRANTED.

BACKGROUND

This is a claim and delivery action. Defendant Robert W. Keeler purchased a 2021 Dodge Challenger from John Elways Claremont CDJR (John Elways) pursuant to a financing agreement. Subsequently, John Elways assigned the financing agreement to Plaintiff Flagship Credit Acceptance LLC (Flagship). Flagship then alleges Keeler failed to make payments due on June 23, 2023, and currently owes a balance of $51,833.38.

On May 5, 2023, Flagship filed a complaint against Keeler and Does 1-10, alleging the following causes of action: (1) claim and delivery of personal property and (2) money on a contract. On May 21, Flagship’s process server personally served Keeler in Glendora.

On May 23, 2023, Flagship filed the present application. A hearing on the application and a case management conference are set for November 21.

ANALYSIS

Flagship moves the court for a writ of possession against Keeler with regards to a 2021 Dodge Challenger valued at $30,648. For the following reasons, the court GRANTS Flagship’s application.

Legal Standard

“California’s claim and delivery law (Code Civ. Proc., §§ 511.010-516.050) authorizes the issuance of a prejudgment writ of possession for specific personal property.” (Sea Rail Truckloads, Inc. v. Pullman, Inc. (1982) 131 Cal.App.3d 511, 514.) “Except as otherwise provided this section, no writ shall be issued under this chapter except after a hearing on a noticed motion.” (Code Civ. Proc., § 512.020, subd. (a).) Prior to the hearing, applicant must serve respondent with (1) a copy of the summons and complaint, (2) a notice of application and hearing, and (3) a copy of the application and any affidavit in support thereof. (Code Civ. Proc., § 512.030, subd. (a).)

The application for writ of possession must be executed under oath and include (1) a “showing of the basis of the plaintiff’s claim and that the plaintiff is entitled to possession of the property claimed” as well as a copy of the written instrument if the basis of the claim is a written instrument, (2) a “showing that the property is wrongfully detained by the defendant,” (3) a showing of “the manner in which the defendant came into possession of the property,” (4) a showing of “the reason for the detention,” (5) a particular description of the property and its value, (6) a statement of the location of the property, including a showing that there is probable cause to believe the property is located there if alleged to be within a private place, and (7) a “statement that the property has not been taken for a tax, assessment, or fine” or “seized under an execution against the property of the plaintiff[.]” (Code Civ. Proc., § 512.010, subd. (b).)

Furthermore, Code of Civil Procedure section 512.060 provides that a writ of possession shall issue if the plaintiff meets the undertaking requirements of Code of Civil Procedure section 515.010 and establishes the probable validity of their claim to possession of the property. Code of Civil Procedure section 515.010 requires the plaintiff to file an undertaking of at least “twice the value of the defendant’s interest in the property” with the court before the court issues any writ of possession, unless the court finds defendants have “no interest in the property.” “No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there.” (Code Civ. Proc., § 512.060, subd. (b).)

Discussion

In this case, Flagship moves for a writ of possession of its collateral, described as follows:

“2021 Dodge Challenger, motor vehicle, Vehicle Identification Number 2C3CDZJG6MH664858, with a value of $30,648.00.”

The court finds Flagship followed the statutory requirements of Code of Civil Procedure sections 512.030 and 512.010. Pursuant to the vehicle financing agreement at issue in this action, Flagship may repossess the vehicle at issue if Keeler defaults on payments. (Kirkley Decl., ¶ 4, Ex. A, § 3(e).) Keeler failed to oppose Flagship’s application and is currently in default. Because Flagship demonstrated a right to immediate possession of the subject vehicle and because the vehicle remains in Keeler’s possession, Flagship’s undertaking requirement is waived and the undertaking required by Keeler for redelivery or to stay shall be $30,648 (Flagship’s valuation of the property - Kirkley Decl., ¶ 6.) (See Code Civ. Proc., § 515.020.)

Accordingly, Flagship’s application for writ of possession is GRANTED.

CONCLUSION

Based on the foregoing, the court GRANTS Flagship’s application for a writ of possession. The following collateral is to be turned over from Defendant Robert W. Keeler to Plaintiff Flagship Credit Acceptance LLC pursuant to Code of Civil Procedure section 512.070.

-2021 DODGE CHALLENGER, VIN # 2C3CDZJG6MH664858

No undertaking by Plaintiff Flagship is required.  Failure to turn over possession of such property to Flagship may subject Keeler to being held in contempt of court.

Plaintiff Flagship Credit Acceptance LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Flagship Credit Acceptance LLC’s Application for Default Judgment is GRANTED.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

Flagship seeks default judgment against Keeler in the total amount of $54,349.19, including $51,833.38 in damages, $1,926.66 in attorney fees, and $589.15 in costs. Because the court finds Flagship has submitted sufficient evidence, the court GRANTS their application for default judgment.

CONCLUSION

Based on the foregoing, Flagship’s application for default judgment is GRANTED.