What is an Application for Writ of Possession?

Useful Rulings on Application for Writ of Possession

Recent Rulings on Application for Writ of Possession

HARDIN AUTOMOTIVE VS. ELITE PARTNERS LLC

Application for Writ of Possession 2. Application for Writ of Possession Moving Party: Plaintiff Hardin Automotive dba Hardin Buick Pontiac GMC. Responding Party: None (would be Δs Elite Partners LLC and Jose Alfredo Salcido Jr. dba Elite Partners) Ruling 1: Plaintiff’s Application for Writ of Possession against Defendant Jose Alfredo Salcido Jr. is DENIED WITHOUT PREJUDICE. This court lacks personal jurisdiction over Defendant Salcido, as Plaintiff fails to show service of process on Defendant Salcido.

  • Hearing

    Jul 13, 2020

NARINE MELIKYAN VS GLEN TERRA ASSISTED LIVING, ET AL.

Application ¶ 8 OPPOSITION: NO OPPOSITION ANALYSIS: Under CCP § 512.060: “(a) At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff’s claim to possession of the property. (2) The undertaking requirements of Section 515.010 are satisfied.”

  • Hearing

    Jul 10, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

THE PEOPLE OF THE STATE OF CALIFORNIA VS ELI LEVI, ET AL.

Jessie Chu, Case No. 19STUD10520, writ of possession, filed January 17, 2020; · Western Developers, Inc. v. Jessie Chu, Case No. 19STUD10520, complaint filed October 25, 2019; · Western Developers, Inc. v. Bryan Lam, Case No. 19STUD10519, court docket sheet; · Western Developers, Inc. v. Bryan Lam, Case No. 19STUD 10519, complaint filed October 25, 2019. (Defendants’ RJN, p. 2:3-16.)

  • Hearing

    Jul 10, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

FINANCIAL PACIFIC LEASHING, INC., A WASHINGTON CORP. V. GURPREETDHALIWAL

Plaintiff seeks temporary restraining orders; however, TROs are available only until a writ of possession issues. (Code Civ. Proc., § 513.010, subd. (c).) In the alternative, plaintiff seeks a preliminary injunction. Plaintiff adequately justifies this request. If injunctive relief is not granted, plaintiff stands to lose more than the defendants will be harmed by granting such relief.

  • Hearing

    Jul 07, 2020

FINANCIAL PACIFIC LEASING, INC., A WASHINGTON CORPORATION VS OT TRUCKLINES, INC., A CALIFORNIA CORPORATION, ET AL.

.: 20CMCV00078 Matter on calendar for: Application for Writ of Possession (x2) Tentative ruling: Background Plaintiff Financial Pacific Leasing, Inc. (“FPL”), dba Umpqua Bank Vendor Finance, entered into an Equipment Finance Agreement with defendant OT Trucklines, Inc., for the purchase of three 2014 utility trailer vehicles. On November 15, 2019, OT Trucklines allegedly breached the agreement by failing to make the required monthly payments.

  • Hearing

    Jul 07, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

CELSO FERNANDEZ VS HO SOUNG WON, ET AL.

) · “Plaintiff is entitled to a declaration of rights and to a writ of possession as a cotenant under Civil Code §§ 683(a) & 689.” (Id. at ¶ 333.) The Court finds that this declaratory relief cause of action is not proper because it seeks to determine the issue as to whether there was a breach of the lease agreement where Plaintiff alleges that he has a right to enter the premises and whether Defendants changed the locks preventing Plaintiff from entry of the premises. (See FAC, ¶¶ 137, 141, 143.)

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PAWNEE LEASING CORPORATION VS WILLIAM EDWARD FINLEY AKA WILLIAM FINLEY AKA BILL FINLEY, INDIVIDUALLY AND DBA BILL FINLEY TRANSPORTATION

Plaintiff's Writ of Possession is Granted. Plaintiff to submit Order. Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at [email protected] that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing.

  • Hearing

    Jul 05, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

AMUR EQUIPMENT FINANCE, INC., A CORPORATION VS SS INTERSTATE TRUCKING INC., A CORPORATION ET AL.

20-3932 Amur Writ of Possession 7/10/2020 Plaintiff Amur Finance Equipment Inc. applies for a writ of possession and turnover order regarding a certain item of personal property at issue in its lawsuit filed against Defendants SS Interstate Trucking Inc. and Ranbir Singh Having read and considered the written application of Plaintiff and Declaration, the court issues the following tentative ruling: No opposition filed.

  • Hearing

    Jul 04, 2020

ALLY BANK V. FLOYD

The application for a writ of possession after hearing brought by the plaintiff Ally Bank against defendant Rick Floyd is DENIED without prejudice. The application seeks repossession of a 2018 Land Rover Discovery with a stated value of $47,450. In support of the application, the plaintiff submits the declaration of Blong Vang, a “Replevin Specialist” for Bank who is “one of the custodians of records on behalf of Plaintiff.”

  • Hearing

    Jul 02, 2020

DONZELLI VS. HOMETOWN SERVICES

HEARING ON APPLICATION FOR WRIT OF POSSESSION FILED BY PLAINTIFF * TENTATIVE RULING: * Taken off calendar by moving party.

  • Hearing

    Jul 01, 2020

EASTERN FUNDING LLC V AARONS TOWING & TRANSPORT LLC 2020 -

PLAINTIFF’S CLAIM OF RIGHT TO POSSESSION HEARING Plaintiff’s Application for a Writ of Possession as to Defendant, Karie Inman, an Individual, is DENIED. Plaintiff applies for a writ of possession after hearing as to two Dodge trucks and carriers. There are two procedural problems that prevent the Court from considering the merits of the application. First, the plaintiff properly served the application on the defendants with the summons and complaint.

  • Hearing

    Jul 01, 2020

SKYWORKS SOLUTIONS V. WINTEC INDUSTRIES

Another case held the plaintiff was entitled to a writ of possession, leaving defendant’s damages claim to be resolved later. (RCA Service Co. v. Superior Court (1982) 137 Cal.App.3d 1, 3.) By statute, a buyer may deduct its breach-of-contract damages from what it still owes on the purchase price. (Cal. U. Comm. Code. § 2717.) None of these entitle a plaintiff to summary judgment despite the defendant’s setoff from another transaction.

  • Hearing

    Jul 01, 2020

ALLY FINANCIAL V. BRACAMONTES

Plaintiff Ally Bank’s application for writ of possession is granted as to the 2011 Thor Four Winds motorhome, VIN No. 1F65F5DY8B0A03400. Plaintiff has made the required evidentiary showing. (See Code Civ. Proc. § 512.010.) Plaintiff’s undertaking requirement is waived because it showed defendant has no equity in the vehicle. (See Code Civ. Proc. 512.060, subd. (a)(2).) Plaintiff shall submit a formal order (mandatory Judicial Council form CD-120) and give notice.

  • Hearing

    Jul 01, 2020

ALLIANT CREDIT UNION, AN ILLINOIS STATE CHARTERED CREDIT UNION VS ANTHONY C. EDWARDS

] #13 TENTATIVE ORDER Plaintiff Alliant Credit Union’s unopposed application for writ of possession is GRANTED. Moving Party to give NOTICE. Plaintiff Alliant Credit Union applies for a writ of possession pursuant to CCP § 512.010 et seq. Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b): 1.

  • Hearing

    Jul 01, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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

Application for Writ of Possession Code of Civil Procedure section 512.060 permits the Court to issue a writ of possession when the Court finds that: (1) plaintiff has established the probable validity of the plaintiff’s claims to possession of the property; and (2) the undertaking requirements of section 515.010 are satisfied. Plaintiff submitted the declaration of James Lynch (Lynch) in support of its application for writ of possession.

  • Hearing

    Jul 01, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

BMW BANK OF NORTH AMERICA, A UTAH INDUSTRIAL BANK, BY AND THROUGH ITS SERVICER, BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LI VS KIRK KIM, ET AL.

Kirk Kim, et al. 19TRCV01145 BMW Bank of North America’s Application for Writ of Possession as to Kirk Kim; BMW Bank of North America’s Application for Writ of Possession as to Yoo Mi Han TENTATIVE RULING BMW Bank of North America’s Applications for Writ of Possession are granted pursuant to Code of Civil Procedure § 512.040(b).

  • Hearing

    Jun 29, 2020

JENS NEUFINCK VS MARIA FERNANDEZ, ET AL.

Similarly, the acts undertaking in filing and prosecuting the UD action, the service of summons, the writ of possession, the notice to vacate, are also protected litigation activity. Finally, the filing of the UD action, the service of summons, the writ of possession, and the notice to vacate are also protected activity. However, the Court finds that, as alleged --the gravamen of Plaintiff’s causes of action is not the service of the notices to quit or the filing/prosecution of the UD action.

  • Hearing

    Jun 26, 2020

  • Type

    Contract

  • Sub Type

    Breach

ALLIANT CREDIT UNION, AN ILLINOIS STATE CHARTERED CREDIT UNION VS DIEGO ARNALDO, AN INDIVIDUAL, ET AL.

Plaintiff Alliant Credit Union’s application for writ of possession is DENIED without prejudice. Notice: Prior to the hearing, the defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP § 512.030.) The Court is not in receipt of any proof of service for the summons and complaint, the notice of application and hearing or the application itself.

  • Hearing

    Jun 25, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER, BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY C VS KARAPET MKRTCHYAN

Plaintiff filed the complaint on February 28, 2020, alleging: 1) Breach of Contract 2) Common Count; 3) Claim & Delivery; and 4) Conversion Plaintiff seeks a Writ of Possession against Defendant repossess the 2018 BMW 750i. [Tentative] Ruling Plaintiff’s Application for Writ of Possession is GRANTED.

  • Hearing

    Jun 25, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

XING WU VS AM CONSULTING ENTEPRRISES INC ET AL

Judicial Notice: Defendants request that judicial notice be taken of Exhibits A through F, which are respectively: Minute Order from UD Trial, Ruling from UD Trial, Stipulated UD judgment, UD Complaint, another UD Complaint, and a Writ of Possession. The Court will take judicial notice of the exhibits pursuant to Evidence Code § 452 (d), official court records. Wrong Parties: Defendants argue that Plaintiff incorrectly sues them As Trustees because there is no ‘Luci N. Alonso and Stella D.

  • Hearing

    Jun 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

DE VOP, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS TECH ADOPTERS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Writ of Possession to Issue. No lockout prior to 6/30/20 at 5 p.m. Costs per memorandum of costs in the amount of $________.

  • Hearing

    Jun 23, 2020

KYLE ORLEMANN, ET AL. VS KEVIN CHIASSON, AS TRUSTEE OF THE MICHAEL D. STONE TRUST

By way of background, Plaintiffs were evicted from the subject property pursuant a court judgment for possession and a subsequent writ of possession. The Los Angeles County Sheriff’s Department (“LASD”) conducted a lockout of the Orlemanns on October 22, 2019. Defendant has been undergoing the process of cleaning up and repairing the property which had allegedly been suffering from neglect. LASD served a Notice to Vacate the subject property on the Orlemanns on October 3, 2019.

  • Hearing

    Jun 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KARAPET KESABLYAN VS SAMUEL MADATIAN

., injunction, writ of possession, attachment, provisional director, lis pendens) is inadequate. In other words, it should not be requested unless absolutely essential because no other remedy will do the job.” (Edmon & Karnow, supra, at ¶ 9:743.) The Court finds that Plaintiff has failed to demonstrate that the corporation is insolvent or in imminent danger of insolvency or that they will suffer an irreparable harm if a receiver is not appointed.

  • Hearing

    Jun 22, 2020

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

Montejo, et al. (19PSCV01047) _____________________________________________ Plaintiff Alliant Credit Union’s APPLICATION FOR WRIT OF POSSESSION AFTER HEARING AGAINST HUGH MONTEJO Responding Party: None (unopposed, as of 6/10/20, 8:42 a.m.; due 6/9/20) Tentative Ruling Plaintiff Alliant Credit Union’s Application for Writ of Possession Against Hugh Montejo is GRANTED, contingent upon counsel for Plaintiff providing a proof of service reflecting Code Civ.

  • Hearing

    Jun 22, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

FLAGSHIP CREDIT ACCEPTANCE, LLC VS. THERESA ANN OLIVER

NATURE OF PROCEEDINGS: HEARING — APPLICATION FOR WRIT OF POSSESSION AND HEARING [PLTF] FLAGSHIP CREDIT ACCEPTANCE, LLC, A LIMITED LIABILITY CO. RULING Plaintiff‘s unopposed Application for Pie-Trial Writ of Possession is GRANTED. Plaintiff shall file a written undertaking, as required by Civs Code Pi'oc. §515.010, in the amount of $500. Parties must comply with Marin County Superior Court Local Rules, Rule 1.10(B) to contest the tentative decision.

  • Hearing

    Jun 19, 2020

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