Claim and Delivery - Remedy

Useful Rulings on Claim and Delivery

Recent Rulings on Claim and Delivery

GENESIS MEDIA LLC VS OWNZONES MEDIA NETWORK INC ET AL

Genesis’ Complaint alleges the following causes of action: (1) breach of contract against Ownzones, (2) rescission and restitution based upon fraud against Ownzones, (3) breach of fiduciary duty against Ownzones, (4) conversion against Ownzones and Goman, (5) claim and delivery against Ownzones and Goman, (6) accounting against Ownzones and Goman, (7) declaratory relief against Ownzones and Goman. On June 18, 2018, Genesis filed a First Amended Complaint.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARMEN MELIKYAN, ET AL.

On April 4, 2019, and August 22, 2019, Plaintiff filed a complaint then verified first amended complaint on for Breach of Contract, Common Count, Claim and Delivery, Conversion, Fraud, Quiet Title, Declaratory Relief, and Injunctive Relief. On September 4, 2020, Plaintiff filed a Notice of Stay as to individual defendant, Armen Melikyan. A Chapter 7 Bankruptcy Petition was filed on August 25, 2020. RULING: Granted.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

PAWNEE LEASING CORPORATION VS SUNDIAL INDUSTRIES, INC., A CALIFORNIA CORPORATION, ET AL.

The complaint, filed September 18, 2020, alleges causes of action for: (1) breach of written agreement; (2) breach of personal guaranty; (3) open book account; (4) reasonable value; (5) account stated; (6) indebtedness; (7) unjust enrichment; (8) claim and delivery; and (9) conversion. B.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • County

    Los Angeles County, CA

TD AUTO FINANCE LLC VS NEW TECH AUTO CARE, A CALIFORNIA CORPORATION, ET AL.

The complaint, filed June 24, 2020, alleges causes of action for: (1) breach of contract; (2) conversion; (3) claim and delivery; (4) quiet title; and (5) TRO, preliminary and permanent injunctions, and damages.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

CALIFORNIA STATE GRANGE, ET AL. V. SAN LUIS OBISPO GUILD HALL

Plaintiffs’ first amended complaint (FAC) alleges causes of action for (1) declaratory judgment, (2) cancellation of deed and quiet title, (3) slander of title, (4) conversion, (5) claim and delivery, and (6) ejectment. Plaintiffs’ lawsuit centers around a longstanding dispute between the National Grange of the Order of Patrons of Husbandry (the National Grange)1 and the California State Grange, on the one hand, and the California Guild, on the other hand. (FAC, ¶ 1.)

  • Hearing

MIGUEL ANGEL MACIAS VS COUNTY OF LOS ANGELES

On August 20, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants County of Los Angeles (“County”), Garcia, Camacho, Saavedra, Coleman, Gomez and Does 21-50 for: Negligence Conversion Claim and Delivery Violation of Health & Safety Code § 11469 Negligent Infliction of Emotional Distress Declaratory Relief On March 19, 2019, a “Stipulation and Order of Dismissal Without Prejudice of Individual Defendants Christopher Garcia, Herman Camacho, Santino Saavedra, D.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

ALLIANT CREDIT UNION, AN ILLINOIS STATE CHARTERED CREDIT UNION VS HUGO MONTEJO, AN INDIVIDUAL, ET AL.

On November 20, 2019, Plaintiff filed a complaint, asserting causes of action against Montejo, California Department of Motor Vehicles (“DMV”) and Does 1-10 for: Claim and Delivery of Personal Property Money on a Contract Quiet Title Declaratory Relief On April 23, 2020, an Order Regarding Waiver of Appearance by and of Monetary Recovery Against DMV was filed pursuant to stipulation. On July 27, 2020, Montejo’s default was entered. A Case Management Conference is set for November 19, 2020.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

HANMI BANK VS DBS ENTERTAINMENT PRODUCTIONS, INC., ET AL.

“A secured party wishing to repossess by judicial action, can bring an action in replevin or proceed under the statutory successor to replevin, an action for claim and delivery. [Citation.] ‘Claim and delivery is a remedy by which a party with a superior right to a specific item of personal property (created, most commonly, by contractual lien) may recover possession of that specific property before judgment.’ [Citation.]” (Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 241.)

  • Hearing

YIFEI PEI VS EUROBOOST MOTOR SPORTS

Code § 17200, Unfair Competition Claim and Delivery On January 27, 2020, Defendant’s default was entered. An Order to Show Cause Re: Failure to Proceed with Default Judgment is set for November 19, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted: 1. Plaintiff’s Judicial Council form CIV-100 Request for Court Judgment lists $33,000.00 as the demand of complaint.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DOUGLAS MERIDA VS NJR THREE PROPERTIES LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

NJR correctly points out that the remedy for converted personal property is claim and delivery, not injunction. Opp. at 7. NJR also asserts that there is reason to believe the Lease is fraudulent. Walters Decl., ¶6; Salazar Decl., ¶3. NJR points out that Lim flips properties. Lim is the sole member of Discovery and the Property was Discovery’s sole asset.

  • Hearing

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARMEN MELIKYAN, ET AL.

On April 4, 2019, and August 22, 2019, Plaintiff filed a complaint then verified first amended complaint on for Breach of Contract, Common Count, Claim and Delivery, Conversion, Fraud, Quiet Title, Declaratory Relief, and Injunctive Relief. On September 4, 2020, Plaintiff filed a Notice of Stay as to individual defendant, Armen Melikyan. A Chapter 7 Bankruptcy Petition was filed on August 25, 2020. RULING: Granted.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

FORMOSA FABRIC INC., A CALIFORNIA CORPORATION VS OMID LAVI, ET AL.

Formosa Complaint alleges the following eleven causes of action: (1) breach of contract against Lavitex and Lavi, (2) open book account against Lavitex and Lavi, (3) account stated against Lavitex and Lavi, (4) goods sold and delivered against Lavitex and Lavi, (5) conversion against Lavitex and Lavi, (6) claim and delivery against Lavitex and Lavi, (7) dishonored checks (Civil Code § 1719 against Lavitex and Lavi, (8) fraudulent transfers/conveyance/conspiracy to defraud against all Defendants, (9) fraudulent

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ASCENTIUM CAPITAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS HAMID MIRSHOJAE, ET AL.

BACKGROUND Ascentium Capital, LLC (Ascentium) filed a complaint against Woodland Hills Medical Clinic, Hamid Mirshojae (collectively Woodland Hills), and Does 1 through 10, alleging claims for: (1) breach of an equipment finance agreement; (2) breach of guaranty; and (3) for claim and delivery.

  • Hearing

PAWNEE LEASING CORPORATION VS HAMILTON STAWSON LLC, ET AL.

.: 20SMCV00951 Motion: Applications for Writ of Attachments Hearing Date: 11/13/2020 Factual & Procedural Background On July 21, 2020, Plaintiff Pawnee Leasing Corporation filed a ten cause of action complaint for (1) breach of written agreement; (2) breach of personal guaranty; (3) breach of guaranty; (4) open book account; (5) reasonable value; (6) account stated; (7) indebtedness; (8) unjust enrichment; (9) claim and delivery; and (10) conversion.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BMO HARRIS BANK N.A., A NATIONAL BANKING ASSOCIATION VS NBA AUTOMOTIVE, INC., A CALIFORNIA CORPORATION, ET AL.

Complaint Plaintiff Bank commenced this proceeding on October 2, 2020 against Defendants Dealerships, Hooman Nissani, Rayan Nissani, Sean Leoni, Jalil Rashti, and Babak Sarraf (collectively “Guarantors”), alleging causes of action for (1) claim and delivery writ of possession, (2) breach of contract, (3) breach of contract, and (4) attachment. The Complaint alleges in pertinent part as follows.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

BANK OF THE WEST VS. KARAPET MOMDJIAN

On February 10, 2010, Plaintiff filed its complaint against Karapet Momdjian for breach of contract, claim and delivery, account stated and open book account. On July 7, 2018, Plaintiff filed first amended complaint. The first amended complaint added defendants Mega Auto Dismantling, Inc. and Nazaryan Oganos. The clerk entered default against Momdjjian on June 10, 2011. On July 8, 2010, the court, on its own order, set aside the default against Momdijian.

  • Hearing

  • Type

    Collections

  • Sub Type

    Collections

GENESIS MEDIA LLC VS OWNZONES MEDIA NETWORK INC ET AL

Genesis’ Complaint alleges the following causes of action: (1) breach of contract against Ownzones, (2) rescission and restitution based upon fraud against Ownzones, (3) breach of fiduciary duty against Ownzones, (4) conversion against Ownzones and Goman, (5) claim and delivery against Ownzones and Goman, (6) accounting against Ownzones and Goman, and (7) declaratory relief against Ownzones and Goman. On June 18, 2018, Genesis filed a First Amended Complaint.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ALLY BANK, A CORPORATION VS TERRY S. BELL

.: 20CMCV00131 Matter on calendar for: Application and Hearing for Claim and Delivery (CCP 512.030) Tentative ruling: Background This is a collections case. Defendant Terry S. Bell aka Terry Bell entered into a written contract with Plaintiff’s assignor for the purchase of a 2017 Nissan Maxima. Defendant defaulted on the contract by failing to make payments due and owing on October 12, 2019 and thereafter. There is an outstanding balance of $25,768.51 currently due and owing.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

NISSAN MOTOR ACCEPTANCE CORPORATION, A CORPORATION VS JUAN A. AMAYA, ET AL.

On April 8, 2020, Plaintiff filed a complaint for claim and delivery of possession of personal property, breach of contract, conversion, quiet title, and declaratory relief. On May 18, 2020, Plaintiff and the DMV executed a stipulation regarding no monetary damages against DMV and only an interest for the transfer of title.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

SANTANDER CONSUMER USA, INC. VS ELMIRA TSATURYAN, AN INDIVIDUAL, ET AL.

On March 16, 2020, Plaintiff filed a complaint for claim and delivery of possession of personal property, breach of contract, conversion, quiet title, and declaratory relief. On April 27, 2020, Plaintiff and the DMV executed a stipulation regarding no monetary damages against DMV and only an interest for the transfer of title. Plaintiff dismissed Plaintiff Elmira Tsaturyan on October 16, 2020. The clerk entered defaults against Roman Petrosyan & H&R Body Shop on October 16, 2020, as well.

  • Hearing

  • Type

    Collections

  • Sub Type

    Promisory Note

CALWEST PRIME CORP., A CALIFORNIA CORPORATION, ET AL. VS GARMENT LINE, INC., A CALIFORNIA CORPORATION, ET AL.

Plaintiffs’ operative Complaint alleges the following causes of action: (1) breach of contract against Garment Line, (2) breach of the implied covenant of good faith and fair dealing against all defendants, (3) fraud against all defendants, (4) negligent misrepresentation against all defendants, (5) conversion against all defendants, (6) claim and delivery against all defendants, (7) unjust enrichment against all defendants. On August 10, 2020, Garment Line filed a Cross-Complaint against Ray S. Kim.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ASCENTIUM CAPITAL LLC VS INTEGRATED HEALTHCARE MEDICAL GROUP, INC., ET AL.

(“Integrated”) (collectively, “Defendants”) alleging causes of action of (1) breach of Equipment Finance Agreement (“EFA”) [against Integrated], (2) breach of EPA guaranty [against Cross-Complainant], and (3) claim and delivery of EFA collateral [asserted against Defendants] in connection with Integrated’s alleged failure to pay, and Cross-Complainant’s failure to guarantee, amounts due to Ascentium under the EFA. (Complaint ¶¶8-18.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MCCORMICK 107, LLC VS. HERO NUTRITIONALS, LLC

Causes of Action for claim and delivery. Defendants argue claim and delivery is a remedy, not a cause of action. The Complaint is not subject to demurrer on this point. The elements of such a claim are: (1) the plaintiff’s right to possession of the property; (2) the defendant’s wrongful possession; and (3) damages as a result of the wrongful withholding. (See 5 Witkin, Cal. Procedure (4th ed. 1997) Pleading, §§ 651–659.)

  • Hearing

FORMOSA FABRIC INC., A CALIFORNIA CORPORATION VS OMID LAVI, ET AL.

Sixth Cause of Action Common count for Claim and Delivery against Lavitex and Omid Lavi Lavi joins in on Lavitex’s motion as to each cause of action. Formosa opposes the motion. Request for Judicial Notice Lavitex requests that the court take judicial notice of the following in support of its motion: Plaintiff’s response to Defendant Lavitex, Inc.’s Demand For Bill of Particulars, dated March 26, 2019 (Exhibit A). Lavitex’s request is granted.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MCCORMICK 107, LLC VS. HERO NUTRITIONALS, LLC

Causes of Action for claim and delivery. Defendants argue claim and delivery is a remedy, not a cause of action. The Complaint is not subject to demurrer on this point. The elements of such a claim are: (1) the plaintiff’s right to possession of the property; (2) the defendant’s wrongful possession; and (3) damages as a result of the wrongful withholding. (See 5 Witkin, Cal. Procedure (4th ed. 1997) Pleading, §§ 651–659.)

  • Hearing

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