Judge: Shirley K. Watkins, Case: 22VECV01276, Date: 2023-01-25 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: January 25, 2023    Dept: T

             [TENTATIVE] ORDER:  Plaintiff Ally Bank’s Application for Writ of Possession is GRANTED.  The Court waives an undertaking from Plaintiff Ally Bank
Introduction

            Plaintiff Ally Bank (Plaintiff) moved for a writ of possession against Defendant Herzel Glashen (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 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 Retail Installment Sales Contract (RISC) 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 one of two addresses.  (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 showed 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’s application for writ of possession is GRANTED.   Notice by Moving Party.