Judge: Stephen I. Goorvitch, Case: 25STLC01838, Date: 2025-06-04 Tentative Ruling
Case Number: 25STLC01838 Hearing Date: June 4, 2025 Dept: 82
Ally Bank Lease Trust Case No. 25STLC01838
v.
Hearing:
June 4, 2025
Location:
Stanley Mosk Courthouse
Department:
82
Roberto Ortega Judge:
Stephen I. Goorvitch
[Tentative] Order Granting Application for
Writ of Possession
INTRODUCTION
Plaintiff Ally Bank Lease Trust (“Plaintiff”)
moves for a writ of possession against Defendant Roberto Ortega, Jr. (“Defendant”)
over the following property: 2022 Ram 1500 Quad Cab, Vehicle Identification
Number 1C6RR6GGXNS120300 (the “Vehicle”).
Defendant has not opposed the application, which 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 proof of service filed on April 24, 2024.
B. Probable
Validity of Plaintiff’s Claim
Plaintiff seeks a writ of possession based on its cause of action for claim
and delivery. In or about May 2022,
Defendant entered into a Lease Agreement (the “Agreement”) with Bravo Chrysler
Dodge Jeep Ram ALH (“Bravo”) for the lease of the Vehicle. (Parrish Decl. ¶ 5, Exh. A.) Bravo assigned its rights, title, and
interest in the Agreement to Plaintiff.
(Id. ¶ 5, Exh. A and B.) Defendant
stopped making payments in December 2023, and owed $37,368.59 as of November
18, 2024. (Id. ¶ 6, Exh. C, D.) Accordingly, Plaintiff demonstrates that its
claim is probably valid. Defendant has
not opposed the application and therefore advances no evidence to dispute this
showing.
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. (Parrish Decl. Exh. A.) Plaintiff has demanded that Defendant surrender
the Vehicle and Defendant has refused. (Id.
¶ 8.) 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. Therefore, Plaintiff
has satisfied the requirements of 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 satisfied these requirements.
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 511
Margaret Ave, Los Angeles, CA 90022. (Application
for Writ of Possession ¶ 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 met that burden. (See
Parrish Decl. ¶ 10, 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….” Here, Plaintiff submits evidence that the amount
owed on the Agreement exceeds the Vehicle’s value. (Parrish Decl. ¶¶ 6-7, Exh. C-E.) Accordingly, Plaintiff is not required to
post an undertaking.
H. Turnover
Order
Plaintiff requests a turnover order.
(Memorandum of Points and Authorities 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. Superior Court (1991) 230 Cal.App.3d 173, 178.) Because Plaintiff has satisfied all
requirements for a writ of possession, Plaintiff is entitled to a turnover
order.
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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 grants Plaintiff’s request for a turnover order.
3. The
court finds that no undertaking is required.
4. Plaintiff’s
counsel shall provide notice and file proof of service with the court.
IT IS SO ORDERED
Dated: June 4,
2025 ______________________
Stephen
I. Goorvitch
Superior
Court Judge