Judge: Walter P. Schwarm, Case: 30-2016-00865578, Date: 2022-09-13 Tentative Ruling

Plaintiff’s (Marine One Acceptance Corporation) Application for Post Judgment Writ of Possession Pursuant to CCP § 714.010 (Application), filed on 4-25-22 under ROA No. 69, is CONTINUED to 9-27-22 at 9:00 a.m. in Department C32.

Code of Civil Procedure Section 714.010 states: “(a) A judgment for possession of personal property may be enforced by a writ of possession of personal property issued pursuant to Section 712.010. [¶] (b) In addition to the information required by Section 712.020, the writ of possession of personal property shall contain the following: [¶] (1) A description of the property to be delivered to the judgment creditor in satisfaction of the judgment. [¶] (2) The value of the property if specified in the judgment or a supplemental order.”

Code of Civil Procedure Section 712.010 states: “After entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced. The application shall include a declaration under penalty of perjury stating the daily rental value of the property as of the date the complaint for unlawful detainer was filed. A separate writ shall be issued for each county where the judgment is to be enforced. Writs may be issued successively until the judgment is satisfied, except that a new writ may not be issued for a county until the expiration of 180 days after the issuance of a prior writ for that county unless the prior writ is first returned.”

Plaintiff previously moved for issuance of a writ of possession pursuant to Code of Civil Procedure Section 512.010. (ROA No. 57.) The court denied the request for a writ of possession because “A writ of possession pursuant to section 512.010 is issued as a provisional remedy and permits a plaintiff to obtain possession of tangible personal property prior to trial.” (4-19-22 Minute Order.)

Plaintiff now moves pursuant to Code of Civil Procedure section 714.010. Section 714.010 expressly applies to a “judgment for possession of personal property.” However, here, the default judgment entered against Defendant (filed on 2-3-17 under ROA No. 31) was for a money judgment for $41,416.82 and not a “judgment for possession of personal property.” Section 714.010 does not appear to apply to a money judgment.

The court requests supplement briefing on whether the court may apply Section 714.010 to a money judgment.

Plaintiff may file a supplemental brief not to exceed three pages no later than 9-16-22. Defendant may file an opposition not to exceed three pages no later than 9-20-22.

Plaintiff to give notice.