Judge: Stephen I. Goorvitch, Case: 24STCV12139, Date: 2025-02-21 Tentative Ruling
Case Number: 24STCV12139 Hearing Date: February 21, 2025 Dept: 82
Acar Leasing Ltd. v. Haykoush Kzlgezyan, et al.
Case No. 24STCV12139
[Tentative] Order Granting Application for Writ of Possession
Plaintiff Acar Leasing (“Plaintiff”) moves for a writ of possession against Defendant Ace Collision Center, Inc., a/k/a/ Car Parts LA, Inc. (“Defendant”) over the following property: A 2022 Chevrolet Corvette, Vehicle Identification Number 1G1YC2043N5101135 (the “Vehicle”). Defendant has not filed an opposition.
The court previously found as follows: (1) Plaintiff has established probable validity of its claim with respect to Defendant; (2) Defendant has wrongfully detained the Vehicle;
(3) Plaintiff provided a sufficient description/statement of value of the Vehicle; and (4) Plaintiff provided the required statutory statements. (See Court’s Order, dated August 2, 2024.) The court incorporates its order of August 2, 2024, by reference. However, the court has reviewed these requirements again and makes the same findings in connection with this application.
The court previously denied the application without prejudice because Plaintiff failed to establish probable validity to believe that the Vehicle is located at 7695 San Fernando Road, Sun Valley, California 91532. Plaintiff has now remedied this issue, per the declaration of Anthony Diehl.
Code of Civil Procedure section 515.010 requires an undertaking to be filed before the writ issues in the amount of “not less than twice the value of the defendant’s interest in the property.” Defendant has no equity in the Vehicle. Plaintiff has offered to pay Defendant the maximum amount under Civil Code section 3068 for release of the Vehicle, and Defendant refused the offer. (Logan Decl. ¶ 9.) Therefore, the court orders no undertaking in this case.
Plaintiff requests a turnover order. Section 512.070 states: “If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court.” (emphasis added.) “Thus a ‘turnover’ order, issued pursuant to section 512.070, is not a separate remedy but rather an alternative means of enforcing a writ of possession.” (Edwards v. Sup.Ct. (1991) 230 Cal.App.3d 173, 178.) Because all requirements for issuance of the writ of possession are met, the court also issues a turnover order.
Based upon the foregoing, the court orders as follows:
1. Plaintiff’s writ of possession is granted.
2. The request for a turnover order is granted.
3. The court orders that no undertaking is required.
4. Plaintiff may lodge a proposed order for the court’s signature if necessary.
5. Plaintiff’s counsel shall provide notice and file proof of service with the court.
