Judge: Stephen I. Goorvitch, Case: 24STCV15278, Date: 2025-05-23 Tentative Ruling

Case Number: 24STCV15278    Hearing Date: May 23, 2025    Dept: 82

Porsche Leasing, Ltd., et al.                                     Case No. 24STCV15278

v.                                                                     Hearing: May 23, 2025

                                                                        Location: Stanley Mosk Courthouse

                                                                                    Department: 82                                      Timothy O’Ryan                                                 Judge: Stephen I. Goorvitch

[Tentative] Order Granting Application for Writ of Possession

INTRODUCTION

Plaintiffs Porsche Leasing Ltd. and Porsche Financial Services, Inc. (“Plaintiffs”) move for a writ of possession against Defendant Timothy O’Ryan (“Defendant”) over the following property: 2022 Porsche Cayenne, Vehicle Identification Number WP1AA2AY8NDA0498 (the “Vehicle”).  Defendant has not filed an opposition.  The application is granted.

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.

Before the hearing on the Writ of Possession, 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.)

“The writ will be issued if the court finds that the plaintiff's claim is probably valid and the other requirements for issuing the writ are established.”  (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 proofs of service filed on April 18, 2024.

B.        Probable Validity of Plaintiff’s Claim

Plaintiff seeks a writ of possession based on its claim for breach of contract.  On or about July 17, 2022, Defendant entered into a Lease Agreement (the “Agreement”) with Beverly Hills Porsche for the lease of the Vehicle.  (Farmer Decl. ¶ 3, Exh. A.)  That same day, Beverley Hills Porsche assigned its rights, title, and interest in the Agreement to Plaintiff Porsche Leasing Ltd., which thereafter provided it to Plaintiff Porsche Financial Services, Inc. for servicing.  (Id. ¶ 7, Exh. A and B; see also Verified Complaint ¶ 8.)  Defendant defaulted on the Agreement by failing to make payments when due, and there is a balance due of $73,792.96.  (Farmer Decl. ¶¶ 10-12, Exh. C.)  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 Agreement, Plaintiff has the right to repossess the Vehicle in the event of default.  (Farmer Decl. Exh. A.)  Plaintiff has demanded that Defendant surrender the Vehicle.  (Id. ¶ 11.)  Thus, Plaintiff has made the requisite showing. 

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.  Therefore, Plaintiff has satisfied this requirement. 

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 the following locations: “At or near the garage or parking space associated with Defendant, TIMOTHY O’RYAN, at 1014 Broadway, No. 141, Santa Monica, CA 90401 and/or 1755 Argyle Avenue, #1503, Los Angeles, CA 90028.”  (Appl. ¶ 6.)  Plaintiff must establish “probable cause” to believe that the Vehicle is located at the property specified in the application.  (See Code Civ. Proc. §§ 512.010(b)(4), 512.080.)   Plaintiff has satisfied this requirement.  (See Farmer Decl. ¶ 14, Exh. A, B.)

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.”  Section 515.010(b) states that “[i]f the court finds that the defendant has no interest in the property, the court shall waive the requirement of the plaintiff’s undertaking and shall include in the order for issuance of the writ the amount of the defendant’s undertaking sufficient to satisfy the requirements of subdivision (b) of Section 515.020.”  Section 510.020(a) states that “the defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking … in the amount determined by the court pursuant to subdivision (b) of Section 515.010.” 

Here, Plaintiff submits evidence that the amount owed on the Agreement exceeds the Vehicle’s value.  (Farmer Decl. ¶¶ 12-13, Exh. C, D.)  Accordingly, the evidence supports a finding that Defendant does not have any interest in the Vehicle and Plaintiff is not required to post an undertaking.  The court sets the undertaking required for Defendant to prevent Plaintiff from taking possession at $55,000, which is the approximate current value of the Vehicle in “clean” condition.  (See Farmer Decl. ¶ 11, Exh. D.)

H.        Turnover Order

Plaintiff requests a turnover order.  (Proposed Order ¶ 5.g.)  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. Superior Court (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 court grants Plaintiffs’ application for a writ of possession.

2.         The court issues a turnover order.

3.         The court orders that Plaintiff is not required to post an undertaking.

4.         The court orders that Defendant post an undertaking of $55,000 in order to prevent Plaintiff from taking possession of the vehicle.  

5.         Plaintiffs’ counsel shall provide notice and file proof of service with the court.

IT IS SO ORDERED 

Dated: May 23, 2025                                                  ______________________

                                                                                    Stephen I. Goorvitch

                                                                                    Superior Court Judge