Judge Stephen I. Goorvitch, Case Number: 24STCV15019, Date: 2024-09-20 Tentative Ruling

Judge: Stephen I. Goorvitch, Case: 24STCV15019, Date: 2024-09-20 Tentative Ruling

Case Number: 24STCV15019 Hearing Date: September 20, 2024 Dept: 82

Stellantis Financial Services, Inc. Case No. 24STCV15019

v. Hearing: September 20, 2024

Location: Stanley Mosk Courthouse

Department: 82 Jennifer Gonzalez Brambila Judge: Stephen I. Goorvitch

[Tentative] Order Granting Application for Writ of Possession

INTRODUCTION

Plaintiff Stellantis Financial Services, Inc. (“Plaintiff”) seeks a writ of possession against Defendant Jennifer Gonzalez Brambila (“Defendant”) over the following property: 2023 RAM 3500 Vehicle Identification Number 3C63RPGL9PG604963 (the “Vehicle”). Defendant does not oppose the application. Because Plaintiff has satisfied the statutory requirements, the court grants the application and issues a writ of possession, as well as a turnover order.

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. § 512.010(a).) Pursuant to Code of Civil Procedure section 512.010(b), the application must be submitted under oath and include:

(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. § 512.010(b).)

In addition to the requirements of section 512.010(b), the Defendant must be served with (1) a copy of the summons and complaint; (2) a Notice of Application and Hearing; and (3) a copy of the application and any affidavit in support thereof. (Code Civ. Proc. § 512.030.) Finally, Plaintiff must establish that the claim is “probably valid.” (Code Civ. Proc. § 512.040(b).) “A claim has ‘probable validity’ where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (Code Civ. Proc. § 511.090.)

DISCUSSION

A. Notice

Plaintiff provided proper notice, per the proof of service filed on September 17, 2024.

B. Probable Validity of Plaintiff’s Claim

Plaintiff seeks a writ of possession based on its claim for possession of personal property. On or about November 22, 2023, Defendant entered into a Retail Installment Sale Contract (the “Contract”) with Plaintiff’s predecessor-in-interest to purchase the Vehicle. (Holland Decl. ¶¶ 5-6, Exh. 1-2.) Plaintiff submits evidence that the Contract was assigned to Plaintiff. (Ibid.) Defendant defaulted on the Contract by failing to make payments when due, and there is a balance due of $101,783.08. (Id. ¶¶ 7 and 11, Exh. 3.) This establishes that Plaintiff probably will prevail on the claim.

C. Wrongful Detention

Pursuant to Code of Civil Procedure section 512.010(b)(2), the application must include “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.” Under the Contract, Plaintiff has the right to repossess the Vehicle in the event of default. (Holland Decl. Exh. 1.) Plaintiff has demanded that Defendant surrender the Vehicle. (Id. ¶ 9.) Thus, Plaintiff has made a showing that Defendant has wrongfully detained the Vehicle.

D. Description and Value of Property

Pursuant to Code of Civil Procedure section 512.010(b)(3), the application must include a particular description of the property and a statement of its value. Plaintiff has provided a particular description of the property, by make, and VIN number. Plaintiff has also given a statement as to value. Plaintiff therefore satisfies section 512.010(b)(3).

E. Statutory Statement

Pursuant to Code of Civil Procedure section 512.010(b)(5), Plaintiff must provide a statement that the property has not been taken for a tax, assessment, or fine, pursuant to statute and has not been seized under an execution against the Plaintiff’s property. Plaintiff has complied with this requirement.

F. Location of the Property

Pursuant to Code of Civil Procedure section 512.010(b)(4), Plaintiff must identify the probable location of the vehicle and establish probable cause to that effect. Plaintiff seeks a writ of possession directing the levying officer to take the Vehicle from real property located at 550 E. Jefferson Blvd. Apt. 1 Los Angeles, CA 90011. (Appl. ¶ 6.) Plaintiff must establish “probable cause” to believe that the Vehicle is located at the property specified in the application. (See CCP §§ 512.010(b)(4), 512.080.) Plaintiff has satisfied that burden. (See Holland Decl. ¶ 13 and Exh. 1; see also Proof of Service filed September 17, 2024.)

G. Undertaking

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.” Section 515.010(a) states that the value of the defendant’s interest “is determined by the market value of the property less the amount due and owing on any conditional sales contract or security agreement and all liens and encumbrances on the property, and any other factors necessary to determine the defendant’s interest in the property.” Plaintiff submits evidence that the amount owed on the Contract exceeds the Vehicle’s value. (Holland Decl. ¶¶ 11-12.) Accordingly, Plaintiff is not required to post an undertaking.

H. Turnover Order

Plaintiff appears to request a turnover order. (See Memorandum 2:17-22.) 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.

CONCLUSION AND ORDER

Based upon the foregoing, the court orders as follows:

1. The application for a writ of possession of the Vehicle is granted.

2. The court orders Defendant Jennifer Gonzalez Brambila to turnover the vehicle to Plaintiff Stellantis Financial Services, Inc. forthwith.

3. Plaintiff is not required to post an undertaking.

4. Plaintiff’s counsel shall provide notice and file proof of service with the court.

IT IS SO ORDERED

Dated: September 20, 2024 ______________________

Stephen I. Goorvitch

Superior Court Judge