Judge: Shirley K. Watkins, Case: 23VECV00626, Date: 2023-05-04 Tentative Ruling

Case Number: 23VECV00626    Hearing Date: May 4, 2023    Dept: T

23VECV00626 DAIMLER TRUST, AS SERVICED ... vs PAYAM ALIZADEH, AN INDIVIDUAL

[TENTATIVE] ORDER:  Plaintiff Daimler Trust, attorney in fact for Mercedes-Benz Financial Services USA LLC’s Application for Writ of Possession is GRANTED.

            Introduction

Plaintiff Daimler Trust, attorney in fact for Mercedes-Benz Financial Services USA LLC (Plaintiff) seeks an order for writ of possession for a motor vehicle against Defendant Payam Alizadeh (Defendant.)  The application is unopposed.

Discussion

            Plaintiff submitted 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.)

With the declaration of Maduabuchi Azubogu, Plaintiff provided evidence to show the probable validity of their claim and right to repossess the vehicle against Defendant because Plaintiff provided evidence showing Defendant’s entry into the lease agreement to lease 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.  (Code Civ. Proc. sec. 512.060.)  With Defendant’s breach and Defendant’s lack of rights to possess/refusal to surrender the vehicle, Plaintiff showed their rights to possession.   

There is no evidence showing that Defendant has an interest in the vehicle because the vehicle lacks equity.  Plaintiff’s requirement to post an undertaking is waived.  (Code Civ. Proc. sec. 515.010.)