Claim and Delivery - Remedy

Useful Rulings on Claim and Delivery

Recent Rulings on Claim and Delivery

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. Plaintiff’s 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

    Jul 02, 2020

VW CREDIT INC A DELAWARE CORPORATION VS KEVIN K. IKNADOSIAN, AN INDIVIDUAL

Iknadosian and Does one through one-hundred, alleging: (1) breach of written agreement; (2) claim and delivery; (3) conversion; and (4) goods sold and delivered. In addition to submitting this application for writ of possession, Plaintiff has also requested the dismissal of the Doe defendants and an entry of default judgment against Iknadosian. Default against Defendant was entered on March 28, 2020. 1.

  • Hearing

    Jul 01, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

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 a contractual lien) may recover possession of that specific property before judgment. (See current § 511.010 et seq. [Claim and Delivery of Personal Property].)” (Waffer Internat. Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261, 1271.) Procedural Considerations: No writ of possession may issue, except after a hearing on a noticed motion (Code Civ. Proc., § 512.020, subd.

  • Hearing

    Jun 22, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

OLD HICKORY SHEDS, LLC V. CL SKAGGS TRUCKING, INC., ET AL.

NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 242 [a search incident to execution of claim and delivery process is unreasonable under the Fourth Amendment unless supported by a warrant issued upon a showing of probable cause].) THE PARTIES MAY JOIN THIS COURT CALENDAR REMOTELY UTILIZING THE FOLLOWING INFORMATION: ZOOM Meeting ID: 821 1374 9769 ZOOM Password: 325285 Telephone Conference Line: +1 669 900 6833 US (San Jose)

  • Hearing

    May 05, 2020

QUICK CASH FUNDING LLC VS MARK KING

The complaint, filed June 22, 2012, alleges causes of action for: (1) claim and delivery of personal property; and (2) money on a contract. On September 14, 2012, the default of Defendant was entered. On October 11, 2012, default judgment was entered against Defendant in the sum of $63,141.45. On December 13, 2012, a Writ of Execution (Money Judgment) was filed by Plaintiff against Defendant for the sum of $69,598.33. B.

  • Hearing

    Mar 13, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • County

    Los Angeles County, CA

ALLY FINANCIAL INC., A CORPORATION VS DON THOMAS FERRIGNO

Complaint Plaintiff Ally commenced this proceeding on December 6, 2019, alleging causes of action for (1) claim and delivery of personal property, pre-trial writ of possession, and order directing transfer of personal property and restraining order and (2) money due on a contract. The Complaint alleges in pertinent part as follows.

  • Hearing

    Mar 10, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

ASCENTIUM CAPITAL LLC VS A & J ADVANCED GROUP, ET AL.

Plaintiff filed its Complaint on August 16, 2019, alleging eight causes of action sounding in (1, 3, 5) Breach of Written Agreement, (2, 4, 6) Breach of Continuing Guaranty, (7) Claim and Delivery, and (8) Conversion. PRESENTATION: The instant application for writ of attachment was filed by Plaintiff on January 30, 2020, with no opposition filed.

  • Hearing

    Mar 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

FIRST BANK,A MISSOURI CORPORATION VS INOVEX FURNISHINGS CORPORATION,A CALIFORNIA CORPORATION, ET AL.

On October 7, 2019, Plaintiff filed a complaint, asserting causes of action against Inovex, Tang and Does 1-20 for: Breach of Written Contract Money Had and Received Claim and Delivery Appointment of Receiver and Injunctive Relief Breach of Guaranty On January 15, 2020, Inovex’s and Tang’s defaults were entered. A Case Management Conference is set for March 6, 2020. Discussion Plaintiff’s Application for Default Judgment is DENIED without prejudice.

  • Hearing

    Mar 06, 2020

TITANIUM FABRICS LLC VS VIV COLLECTION INC ET AL

The Complaint asserts causes of action for (1) breach of contract, (2) open account, (3) account stated, (4) goods sold and delivered, (5) conversion, (6) claim and delivery, (7) promise without intent to perform, (8) intentional misrepresentation, and (9) negligent misrepresentation. Jun now moves for judgment on the pleadings as to the Complaint on the basis that the first, second, third, and fourth causes of action fail to state facts sufficient to constitute a cause of action.

  • Hearing

    Feb 27, 2020

  • Type

    Contract

  • Sub Type

    Breach

ALLY BANK, A CORPORATION VS ERICK ALEXANDER MONTEPEQUE, ET AL.

Complaint Plaintiff Ally commenced this proceeding on November 15, 2019, alleging causes of action for (1) claim and delivery of personal property, pre-trial writ of possession, and order directing transfer of personal property and restraining order and (2) money due on a contract. The Complaint alleges in pertinent part as follows.

  • Hearing

    Feb 25, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

GWENDOLYN CRANERT VS TERRENCE CRANERT, ET AL.

Replevin Replevin, modernly codified as claim and delivery, is a provisional remedy available in an action to recover personal property, and California has a detailed claim and delivery law. (CCP § 511.010 et seq.) A party with a claim that he is entitled to possession of property may apply for a writ of possession. (CCP § 512.010.) A writ of possession directs the levying officer to levy on specified property. (CCP § 512.080, subds. (b) & (d).)

  • Hearing

    Feb 24, 2020

VW CREDIT INC., A CORPORATION VS HOUMAN ESLAMI, AN INDIVIDUAL, ET AL.

Applicable Law A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. See Pillsbury, Madison & Sutro v. Schectman, (1997) 55 Cal.App.4th 1279, 1288. As a provisional remedy, the right to possession is only temporary, and title and the right to possess are determined in the final judgment. A writ of possession is available in any pending action.

  • Hearing

    Feb 18, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

TRANSP. ALLIANCE BANK, INC. V. GREENWAY TRANSP. INC., ET AL.

NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 242 [a search incident to execution of claim and delivery process is unreasonable under the Fourth Amendment unless supported by a warrant issued upon a showing of probable cause].)

  • Hearing

    Feb 11, 2020

CATERPILLAR FINANCIAL SERVICES V. DANIEL

The remedy of claim and delivery may be sought by anyone who, at the time an action for the recovery ofpersonal property is begun, has a right t0 possession of the tangible personal property involved. Commercial Discount Co. v. Cowen (1941) 18 Cal.2d 610, 613. The remedy may be sought against one who has either actual or constructive possession of the property. (Phillips Aviation v. Superior Court (1966) 246 Cal.App.2d 46, 53.)

  • Hearing

    Jan 30, 2020

ROMEX TEXTILES, INC., A CALIFORNIA CORPORATION VS DOOL FNA, INC., A CALIFORNIA CORPORATION, ET AL.

CLAIM & DELIVERY — SIXTH CAUSE OF ACTION Dool argues that claim and delivery is a remedy, not a cause of action. (Demurrer at p. 11.) Dool is correct. “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 a contractual lien) may recover possession of that specific property before judgment.” (Waffer Internat. Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261, 1271.)

  • Hearing

    Jan 28, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CIT BANK, N.A., VS SAM'S CAP TRADING, INC., A CALIFORNIA CORPORATION, ET AL.

Complaint Plaintiff Bank commenced this proceeding on August 26, 2019, alleging causes of action for (1) breach of written agreement, (2) claim and delivery, (3) account stated, (4) open book account, (5) unjust enrichment, and (6) breach of personal guaranty. The Complaint alleges in pertinent part as follows.

  • Hearing

    Jan 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

BANK OF THE WEST VS GRAYN COMPANY, ET AL.

Complaint Plaintiff Bank commenced this action against Defendants Grayn Company (the “Corporation”) and Cortez on August 21, 2019 alleging causes of action for (1) breach of loan agreement, (2) breach of promissory note, (3) breach of commercial guaranty, (4) money lent, (5) account stated, (6) fair valuation, (7) claim and delivery, and (8) conversion and seeking the remedies of appointment of a receiver and injunctive relief. The Complaint alleges in pertinent part as follows. a.

  • Hearing

    Jan 21, 2020

  • Type

    Contract

  • Sub Type

    Breach

INYEN VINA CO., LTD VS LEGATOR MUSIC, INC, ET AL

Plaintiff filed its Complaint on August 10, 2018, alleging ten causes of action sounding in (1) Breach of Contract, (2) Open Book Account, (3) Account Stated, (4) Quantum Valebant, (5) Conversion, (6) Claim and Delivery, (7) Unjust Enrichment, (8) Promise Without Intent to Perform, (9) Intentional Misrepresentation, and (10) Negligent Misrepresentation.

  • Hearing

    Jan 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

AMERICAN CREDIT ACCEPTANCE, LLC VS BURSHAY GUNN

Applicable Law A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. See Pillsbury, Madison & Sutro v. Schectman, (1997) 55 Cal.App.4th 1279, 1288. As a provisional remedy, the right to possession is only temporary, and title and the right to possess are determined in the final judgment. A writ of possession is available in any pending action.

  • Hearing

    Jan 16, 2020

GENESIS MEDIA LLC VS OWNZONES MEDIA NETWORK INC ET AL

Issue No. 4: “DEFENDANTS ARE ENTITLED TO SUMMARY ADJUDICATION ON PLAINTIFF’S FIFTH CAUSE OF ACTION FOR CLAIM AND DELIVERY BECAUSE PLAINTIFF CANNOT ESTABLISH THAT IT HAS ANY OWNERSHIP INTEREST IN ALLEGED CONVERTED ITEMS.” Defendants argue that Plaintiff’s claim for conversion and claim and delivery fail because Plaintiff cannot establish that it has an ownership right in any of the various items it alleges Ownzones converted.

  • Hearing

    Jan 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FINANCIAL PACIFIC LEASING, INC., A WASHINGTON CORPORATION VS GARAN BOUDAGIAN

Plaintiff filed its Complaint on November 12, 2019, alleging four causes of action sounding in (1) Breach of Lease Agreement, (2) Breach of Guaranty, (3) Account Stated, and (4) Claim and Delivery. PRESENTATION: Plaintiff filed the instant application for writ of possession on November 14, 2019, and served it to Defendants on December 17, 2019. RELIEF REQUESTED: Plaintiff moves for writ of possession on the Vehicle. DISCUSSION: Standard of Review – Writ of Possession – Code of Civ.

  • Hearing

    Jan 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

EDWARD RUSSELL VS BELEN MATIAS

., a corporation, asserts causes of action for (1) breach of contract; (2) common counts; (3) intentional misrepresentation; (4) elder abuse; (5) claim and delivery (replevin); (6) exemplary damages attachment; and (7) imposition of constructive trust/accounting. Plaintiff alleges that on February 12, 2018, he made a personal loan in the sum of $191,000 to Defendants.

  • Hearing

    Jan 10, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

EDWARD RUSSELL VS BELEN MATIAS

., a corporation, asserts causes of action for (1) breach of contract; (2) common counts; (3) intentional misrepresentation; (4) elder abuse; (5) claim and delivery (replevin); (6) exemplary damages attachment; and (7) imposition of constructive trust/accounting. Plaintiff alleges that on February 12, 2018, he made a personal loan in the sum of $191,000 to Defendants.

  • Hearing

    Jan 10, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

AMERICAN HONDA FINANCE CORPORATION VS. CAPLES

Claim and delivery is a prejudgment, provisional remedy. Plaintiff’s evidence of the lessees’ payment default and amounts owed is not in an admissible form. A declaration supporting an application for a writ of possession must set forth the facts with particularity and with personal knowledge. The declaration can rely on information and belief only upon a proper showing of the reliability of the information.

  • Hearing

    Jan 09, 2020

JORGE RECINOS VS CLAUIDIA IRENE ROJAS

Complaint Plaintiff Recinos, acting pro per, commenced this proceeding on December 16, 2019, alleging causes of action[1] for (1) claim and delivery, (2) conversion, (3) intentional infliction of emotional distress, (4) violation of Civil Code section 1982, (5) violation of Civil Code section 1942.4, (6) tortious breach of warranty of habitability, (7) breach of the covenant of quiet enjoyment, (8) nuisance, (9) violation of Bus. and Prof.

  • Hearing

    Jan 09, 2020

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