Judge: Walter P. Schwarm, Case: 30-2016-00865578, Date: 2022-09-27 Tentative Ruling

Plaintiff’s (Marine One Acceptance Corporation) unopposed Application for Post Judgment writ of Possession Pursuant to CCP §714.010 (Application), filed on 4-25-22 under ROA No. 69, is DENIED.

Plaintiff seeks a writ of possession pursuant to Code of Civil Procedure Section 714.010. (Application; 2:7-11.)

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 filed an application for writ of possession pursuant to Code of Civil Procedure Section 512.010 on 12-13-21 under ROA No. 57. The court denied the previously filed application on 4-19-22. (4-19-22 Minute Order.)  The court’s 4-19-22 Minute states in part, “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. Here, the court entered default judgement on 2-3-17 under ROA No. 31. Since default judgment was entered against defendant (Andrew M. Leon), Plaintiff cannot obtain a writ of possession pursuant to section 512.010.” (4-19-22 Minute Order.)

Plaintiff now brings this Application pursuant to Code of Civil Procedure section 714.010. Section 714.010 expressly applies to a “judgment for possession of personal property.” Here, however, the default judgment, entered against Defendant on 2-3-17 under ROA No. 31, was for a money judgment in the amount of $41,416.82.  The default judgment was not a “judgment for possession of personal property.” Code of Civil Procedure section 714.010 does not appear to apply to a money judgment.

On 9-13-22, the court continued the hearing on the Application and requested supplemental briefing on whether the Court may apply Section 714.010 to a money judgment. (9-13-22 Minute Order.) The supplemental briefing was due on 9-16-22, but Plaintiff has not filed any supplemental briefing.

Based on the above, the court DENIES Plaintiff’s (Marine One Acceptance Corporation) unopposed Application for Post Judgment writ of Possession Pursuant to CCP §714.010 filed on 4-25-22 under ROA No. 69.

Plaintiff is to give notice.