Judge: Stephen I. Goorvitch, Case: 24STLC07208, Date: 2025-03-12 Tentative Ruling

Case Number: 24STLC07208    Hearing Date: March 12, 2025    Dept: 82

Primera Financial Corp. v. Ernesto Morales, et al.

Case No. 24STLC07208

[Tentative] Order Denying Applications for Writs of Possession

            Plaintiff Primera Financial Corp. (“Plaintiff”) filed this action against Defendants Ernesto Morales, Michael Betancourt, and B.C. Automotive (collectively, “Defendants”).  Now, Plaintiff seeks writs of possession against: (1) Defendant Michael Betancourt (individually and doing business as B.C. Automotive); and (2) B.C. Automotive, an unknown entity.  Specifically, Plaintiff seeks possession of a 2014 Chevrolet Silverado, Vehicle Identification Number 3GCPCREC8EG549185. 

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 demonstrated compliance with these requirements, as there are no proofs of service for Defendant Michael Betancourt and/or B.C. Automotive.

These applications were previously noticed for hearing on January 8, 2025.  The court previously identified this issue, continued the hearing, and ordered Plaintiff to serve the required pleadings, and to file proofs of service, on or before February 6, 2025.  (See Court’s Minute Order, dated January 6, 2025.)  Plaintiff failed to do so.

Based upon the foregoing, Plaintiff’s applications for writs of possession are denied without prejudice.  The court’s clerk shall serve this order upon Plaintiff’s counsel.  Further notice is not required.