Judge: Stephen I. Goorvitch, Case: 24STLC05228, Date: 2024-11-06 Tentative Ruling

Case Number: 24STLC05228    Hearing Date: November 6, 2024    Dept: 82

Santander Consumer USA v. Christopher Coiro

Case No. 24STLC05228

[Tentative] Order Denying Writ of Possession

Plaintiff Santander Consumer USA (“Plaintiff”) moves for a writ of possession against Defendant Christopher Coiro (“Defendant”) with respect to a 2019 Honda Fit, motor vehicle, Vehicle Identification Number 3HGGK5H61KM728829 (the “Vehicle”).  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.)  Plaintiff has not filed a proof of service demonstrating that it served the summons and complaint.  Nor has Plaintiff filed a proof of service demonstrating that it served the application for writ of possession and supporting pleadings, e.g., the memorandum of points and authorities, the declaration of Edward Vargas, etc. 

Based upon the foregoing, the court orders as follows:

1.         The application for writ of possession is denied without prejudice.

2.         The court’s clerk shall serve this order upon Plaintiff’s counsel.  Further notice is not required because Defendant has never been served.