Judge: Shirley K. Watkins, Case: 22VECV01276, Date: 2022-12-06 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECV01276    Hearing Date: December 6, 2022    Dept: T

            [TENTATIVE] ORDER:  Plaintiff Financial Services Vehicle Trust’s Application for Writ of Possession is GRANTED.  The Court waives an undertaking from Plaintiff Financial Services Vehicle Trust.  For redelivery of the vehicle or to stay delivery, Defendant Emma Muradyan is ordered to post an undertaking in the amount of $30,000.00. 

Introduction

            Plaintiff Financial Services Vehicle Trust by and through its servicer BMW Financial Services NA, LLC (Plaintiff) moved for a writ of possession against Defendant Emma Muradyan (Defendant.) 

            Discussion 

            Plaintiff’s proof of service showed that Defendant was properly served with the summons and complaint and properly notified of the hearing on the application.  (Code Civ. Proc. sec. 512.010.)

Plaintiff provided a declaration from BMW Financial Services NA, LLC (BMW FS) to show the probable validity of their claim and right to repossess the vehicle from Defendant because Plaintiff provided evidence showing Defendant’s entry into the lease agreement for the vehicle, Plaintiff assignor’s performance of delivery of the vehicle, Defendant’s breach in failing to pay, and Plaintiff’s damages.  (Code Civ. Proc sec. 512.040.)  Plaintiff further provided that the vehicle is in the custody and control of Defendant and located at Defendant’s premise or Defendant’s employment address.  (Code Civ. Proc. sec. 512.060.)  With Defendant’s breach, Defendant no longer has rights to possess and further refused to surrender the vehicle.  Plaintiff has shown their rights to possession.    

Plaintiff submitted the value of the vehicle.  The evidence shows that the account balance exceeds the value of the vehicle and no equity exits for the Defendant.  The Court finds that the requirement to post an undertaking is waived.  (Code Civ. Proc. sec. 515.010.) 

Plaintiff requested a re-delivery bond of $30,000.00 be imposed upon Defendant.  (Code Civ. Proc. sec. 515.020.)  Plaintiff submitted that their undertaking would have been the account balance plus an attorney fees and costs.  The Court finds that the request for a re-delivery bond to be proper. 

            IT IS SO ORDERED, ____________________ TO GIVE NOTICE.

December 6, 2022

_____________________

Shirley K. Watkins

Judge of the Superior Court