MOVING PARTIES: Plaintiff Financial Services Vehicle Trust 

RESPONDING PARTY: None 

Application for Writ of Possession 

The court considered the moving papers filed in connection with this motion.  

BACKGROUND 

On November 22, 2023, Plaintiff Financial Services Vehicle Trust filed a complaint against Defendants Armen Vardanyan and Mariam Vardanyan, alleging (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion.  

On December 14, 2023, Plaintiff filed the instant application for writ of possession. To date, no opposition has been filed.  

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LEGAL STANDARD 

“Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. section 512.010, subd. (a).)¿¿ 

“The application shall be executed under oath and 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 by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention. [¶] (3)¿A particular description of the property and a statement of its value. [¶] (4)¿A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there. [¶] (5)¿A statement that the property has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.” (Code Civ. Proc. section 512.010, subd. (b).)¿ 

“Prior to the hearing required by subdivision (a) of Section 512.020, the defendant shall be served with all of the following: [¶] (1)¿A copy of the summons and complaint. [¶] (2)¿A Notice of Application and Hearing. [¶] (3)¿A copy of the application and any affidavit in support thereof.” (Code Civ. Proc. section 512.030, subd. (a).)¿ 

DISCUSSION 

Plaintiff identifies the basis of its claim to be a written agreement for the restoration of 2022 BMW Alpina B8 Gran Coupe motor vehicle, Serial No. WBAGX0C1XNCH56889 (the “Subject Vehicle”). (Phillips Decl. ¶¶ 8-23, Exhibit 1.) Plaintiff demonstrates that it is entitled to possession of the Subject Vehicle by providing a copy of its registered title for the Subject Vehicle. (Id. ¶ 10, Exhibit 2.) Plaintiff states it is authorized to bring this action on behalf of Plaintiff pursuant to the terms of a separate servicing agreement and power of attorney. (Id. ¶ 10.) Plaintiff establishes that the Subject Vehicle is wrongfully detained by Defendants. (Id. ¶¶ 13-19.) Plaintiff provides that on or about December 2, 2021, Defendant Armen Vardanyan entered into a written motor vehicle lease agreement with Pacific BMW, for valuable consideration regarding the Subject Vehicle. (Id. ¶ 8, Exhibit 1.) Upon Defendant’s default of failure and refusal to pay the monthly payments, Plaintiff was entitled to take possession of the vehicle by any method permitted by law pursuant to paragraph 23(ii). (Id. ¶ 14.)  ¿ 

The vehicle sought to be attached is a 2022 BMW Alpina B8 Gran Coupe motor vehicle, Serial No. WBAGX0C1XNCH56889, estimated to be worth between $90,000. (Phillips Decl. ¶ 21.) Plaintiff provides that Defendant Armen confirmed that the Subject Vehicle was located at Defendant Mariam Vardanyan’s garage, 501 N. Shelton St., Apt. A, Burbank, CA 91506. (Id. ¶ 20.) Plaintiff provides that the Subject Property has not been taken for a tax, assessment, or fine, pursuant to statute. (Application at p. 2, ¶ 8.)¿ 

Plaintiff has complied with the requirements of Code of Civil Procedure section 512.010.¿ 

On December 20, 2023, Plaintiff filed a proof of service for the summons and complaint on December 17, 2023. On the same date, Plaintiff also filed a proof of service for the notice of application and hearing, application, and affidavits on December 18, 2023.¿¿ 

Plaintiff has complied with the requirements of 512.030.¿ 

“At the hearing, a writ of possession shall issue if both of the following are found: [¶] (1)¿The plaintiff has established the probable validity of the plaintiff’s claim to possession of the property. [¶] (2)¿The undertaking requirements of Section 515.010 are satisfied.”¿ 

“The facts of the instant case establish the ‘probable validity’ of [Plaintiff’s] claim for possession. [Defendants] merely leased [the Subject Vehicle.]” (RCA Serv. Co. v. Superior Ct., 137 Cal. App. 3d 1, 3.) Further, Defendants fail to assert any rights which may defeat Plaintiff’s “ownership rights and right to reclaim the [Subject Vehicle].” (Id.)  Plaintiff states in its memorandum that no equity exists for Defendants based on the agreement which involved a true lease with no equity or ownership interest being conveyed to Defendants. Plaintiff requests that Defendants be required to post a re-delivery bond in the sum of $141,000.00, which is the account balance, and includes an estimated $1,000.00 for attorney’s fees and court costs. (Phillips Decl. ¶ 22.)  

Based on the foregoing, the court GRANTS the application for writ of possession.   

Plaintiff is ordered to give notice of this ruling. 

IT IS SO ORDERED. 

DATED:  ¿March 1, 2024¿