Judge: Stephen I. Goorvitch, Case: 24STLC00349, Date: 2024-08-07 Tentative Ruling

Case Number: 24STLC00349    Hearing Date: August 7, 2024    Dept: 82

Ally Bank v. Timoteo Lara Almanza

Case No. 24STLC00349

[Tentative] Order Granting Application for Writ of Possession

Plaintiff Ally Bank (“Plaintiff”) moves for a writ of possession against Defendant Timoteo Lara Almaza (“Defendant”) over the following property: 2017 Toyota Tacoma, motor vehicle, Vehicle Identification Number 5TFRX5GNXHX084462 (the “vehicle”).  Plaintiff has complied with all statutory requirements under Code of Civil Procedure section 512.010 as follows:

A.        Notice – Plaintiff has provided proper notice, per the proofs of service filed on May 1, 2024, and June 11, 2024.

B.        Probable Validity of Plaintiff’s Claim – Plaintiff seeks a writ of possession based on its claim for money on a contract.  On or about August 12, 2022, Defendant entered into a Retail Installment Sale Contract (the “contract”) with Plaintiff’s assignor to purchase the Vehicle.  (Singleton Decl. ¶¶ 5-6, Exh. A-C.)  Plaintiff submits evidence that the contract was assigned to Plaintiff.  (Id. ¶ 5 and Exh. B.)  Defendant defaulted on the contract by failing to make payments when due, and there is presently a balance due of $27,517.99.  (Id. ¶ 6, Exh. D.)  Defendant has not responded to any of Plaintiff’s evidence. 

            C.        Wrongful Detention – Under the contract, Plaintiff has the right to repossess the Vehicle in the event of default.  (Singleton Decl. Exh. A.)  Plaintiff has demanded that Defendant surrender the Vehicle.  (Id. ¶¶ 6, 8, Exh. C.)  Plaintiff has made a showing that Defendant has wrongfully detained the Vehicle.

            D.        Description and Value of the Property – The application satisfies this requirement.

            E.         Statutory Statements under Code of Civil Procedure section 512.010(b)(4) & (5) – The application satisfied these requirements.

F.         Undertaking – Plaintiff submits evidence that the amount owed on the contract exceeds the Vehicle’s value.  (Singleton Decl. ¶¶ 6-7, Exh. E.)  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.

G.        Turnover Order – Because the court is granting the writ of attachment, the court issues a turnover order, per Code of Civil Procedure section 512.070. 

CONCLUSION AND ORDER

            Based upon the foregoing, the court orders as follows:

            1.         The application for writ of attachment is granted.

            2.         The court issues a turnover order.

            3.         Plaintiff may lodge a proposed order for the court’s signature if necessary.

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