On May 08, 2019 a
Order
was filed
involving a dispute between
Flagship Credit Acceptance, Llc,
and
Marquez, Summer Lynn,
for 09 Limited - Other Collections Over $10,000
in the District Court of Fresno County.
Preview
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4/? 00-120
0R PARTY VVFTHOUT ATTORNEY (Name.
A‘l‘rORNEY Bar number, and address):
State FOR COURT USE ONLY
‘
SBN 175309
Arden D. Burstein,
vixNLOCHEM & ASSOCIATES LLP
6565 Sunset 412
Blvd. Suite
Hollywood
E-MAIL
CA 90028
TELEPHONE No; (323)993-0500
ADDRESS (Optional);
FAX No. (323)993-0501
(Optional):
”LEE
ATTORNEY FOR (Name):Flagship Credit AUG 02 2019
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO FRESNO COUNTY SUPERIOR cou RT-
STREET ADDRESS: 30
1 1 O Street
BY
MAILING ADDRESS:
cmr AND ZIP 000E: Fresno, 93721
BRANCH NAME: FRESNO RECEIVED Via E-File
PLAINTIFF: FLAGSHIP CREDIT ACCEPTANCE, LLC, a company
limited liability 7/23/2019 4:33 PM ,
DEFENDANT: SUMMER LYNN MARQUEZ. etc.. et al
:REgNQJ
ngvg gEmOR COURT
ORDER FOR WRIT OF POSSESSION CASE NUMBER:
1QCECL04489
I
X T AFTER HEARING 41 I
EXPARTE I
AFTER HEARING
1.
- The a
application of the plaintiff‘ for
presence at the hean’ng):
writ ofpossession was heard as follows (checkboxes I'n
1cand 1d personal
to indicate
a. Judicial Officer (name): Noelle Pebet
b. Hearing date: 07/11/2019 Time: 10:00 a.m. Dept; 404 D Rm.:
O.
E Plaintifr(name):FLAGSHIP CREDIT ACCEPTANCE. Attorney (name): Marlene Hubben on behalfofArden D.
O.
.
E _
LLC. a limited liability company
Defendant(name):
SUMMER L.
SUMMER LYNN MARQUEZ aka
MARQUEZ aka SUMMER MARQUEZ, an
E Burstein
Attorney (name):
individual
EX PARTE
2.D The ex parte wfit of possession has been considered by the
application of the plaintiff for an court.
3. The court finds:
a. Defendant has'been properly sewed as required by Code of CivilProcedure section 512.030.
(Do not check this item if the application is ex parte.)
b.
E
Plaintiff has has not filed an undertaking as required byCode of Civil Procedure section 515.010.
c. Plaintiff has established the probable validity of the plaintiffs claim to possession of the following property (specify):
201 6 Nissan Altima motor vehicle, Vehicle Identification No. 1N4AL3AP3GN373559. with a value of $12,281 .00.
D Continued on Attachment 3c.
d. There is some
probable cause to believe this property or part of
itislocated at one ormore of the following private places
a garage, or other parking area, windowless, locked or otherwise.
(specify): In at:
5536 N. Olinda Ave., Fresno,CA 93723
E Co'ntinued on Attachment 3c.
and 'defendant' includes a'oss—defendant
"Flaintifi" includes crosscomplainanl'
0'2
Page
1
Mandalay Use
Farm Anopted
for
Civ. Pm. §§ 512.020: SIZOSO
éudualcnwixowamma
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ORDER FOR WRIT 0F POSSESSION Code
512070: 5| “.OIO-SI 10$: 5| 5.01 0
n.|2a(Rev.JanuaryI.2ooe)
(Claim and Delivery) wwmcoumhrumagav
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CD-1 20
PLAINTIFF:FLAGSHIP CREDIT ACCEPTANCE, LLC, a limited liability company CASE NUMBER:
a
LYNN MARQUEZ aka SUMMER L. MARQUEZ aka SUMMER MARQUEZ an
DEFENEANT:
figmyilR 1QCECLO4489
ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION
4.
D The court also finds:
a. E Defendant gained possession of the property described in item 3c. which was not entrusted to the defendant, by
such property from the plaintiff by means other than by false or fraudulent representation, pretense, or
feloniously taking
embezzlement.
C'
.
E The propertyisa credit card.
.0
E Defendant acquired possession of this property in the ordinary course of the defendant's trade or business for
commercial purposes, and (1) the property is not necessary for the support of the defendant or the defendant’s family;
(2) there is an immediate danger that the property will become unavailable to levy by reason of being transferred,
concealed or removed from the state, or will become substantially impaired in value by acts of destructions. or by failure
to take care of the property in a reasonable manner; and (3) the ex parte issuance of a writ of possession is necessary
to protect the property.
d. lTotaInumber ofboxes pheckéd initem 4:
'ORDERs
5. lT-ISORDERED
a. The clerk of this court
is Code
directed to issue a writ of possession as provided in of Civil Procedure section 512.020, directing
whose jurisdiction
the sheriff or marshal within the property describedinitem 30, orsome part of is
it, located. to seize such.
property and retain custody of
itas providedin Code of Civil Procedure sections 514.010-514.050.
b.
- The clerkisdirected to issue the writ of possession immediately
.0
- The clerk'Is directed to issue the writ of possession upon the
Code of Civil Procedure section 515. 010
in the amount of. $ 0. 00
'
of a written undertaking, as required by
plaintiff’s filing
d. The written undertaking requirement
by the defendantfor redelivery or to stay delivery
isthe amount of:$ 22,993.81
e. The is and a copy of the
directed to attach a copy of this order
clerk of this court undertaking to the writ of possession.
plaintiff‘s
f. The sheriff or some
marshal may enter the following private place(s) to take possession of the property or part ofit:
a garage, or other parking area, windowless, locked or othenNise, at:
(special): ln
5536 N. Olinda Ave., Fresno, CA 93723
E ContinUed on Attachment 5f.
g. Defendant (name): SUMMER LYNN MARQUEZ aka SUMMER L.MARQUEZ aka SUMMER MARQUEZ. an individual
isordered to transfer possession of the property described
in item 3c to the (Code
plaintiff. Civ. Proc., § 512:070.)
NOTICE TO DEFENDANT: Failure to comply with an order of the court to turn over possessionof such property to the
may subject you
plaintiff to being held in contempt of court.
6‘ Numb'erofpages attached: 0
Dated:
8' b’ lfi
_ éV/W
éSignature
(JUDICIALOFFICER)
follows last attachment
,
NOELLE PEBET
cmzo (Rev. January
zoos;
1.
mum:
ORDER FOR WRIT OF POSSESSION
(Claim and Delivery)
Document Filed Date
August 02, 2019
Case Filing Date
May 08, 2019
Category
09 Limited - Other Collections Over $10,000
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("'x . .x‘ _ V' '. 1 _“\./ ‘ 4/? 00-120 0R PARTY VVFTHOUT ATTORNEY (Name. A‘l‘rORNEY Bar number, and address): State FOR COURT USE ONLY ‘ SBN 175309 Arden D. Burstein, vixNLOCHEM & ASSOCIATES LLP 6565 Sunset 412 Blvd. Suite Hollywood E-MAIL CA 90028 TELEPHONE No; (323)993-0500 ADDRESS (Optional); FAX No. (323)993-0501 (Optional): ”LEE ATTORNEY FOR (Name):Flagship Credit AUG 02 2019 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO FRESNO COUNTY SUPERIOR cou RT- STREET ADDRESS: 30 1 1 O Street BY MAILING ADDRESS: cmr AND ZIP 000E: Fresno, 93721 BRANCH NAME: FRESNO RECEIVED Via E-File PLAINTIFF: FLAGSHIP CREDIT ACCEPTANCE, LLC, a company limited liability 7/23/2019 4:33 PM , DEFENDANT: SUMMER LYNN MARQUEZ. etc.. et al :REgNQJ ngvg gEmOR COURT ORDER FOR WRIT OF POSSESSION CASE NUMBER: 1QCECL04489 I X T AFTER HEARING 41 I EXPARTE I AFTER HEARING 1. - The a application of the plaintiff‘ for presence at the hean’ng): writ ofpossession was heard as follows (checkboxes I'n 1cand 1d personal to indicate a. Judicial Officer (name): Noelle Pebet b. Hearing date: 07/11/2019 Time: 10:00 a.m. Dept; 404 D Rm.: O. E Plaintifr(name):FLAGSHIP CREDIT ACCEPTANCE. Attorney (name): Marlene Hubben on behalfofArden D. O. . E _ LLC. a limited liability company Defendant(name): SUMMER L. SUMMER LYNN MARQUEZ aka MARQUEZ aka SUMMER MARQUEZ, an E Burstein Attorney (name): individual EX PARTE 2.D The ex parte wfit of possession has been considered by the application of the plaintiff for an court. 3. The court finds: a. Defendant has'been properly sewed as required by Code of CivilProcedure section 512.030. (Do not check this item if the application is ex parte.) b. E Plaintiff has has not filed an undertaking as required byCode of Civil Procedure section 515.010. c. Plaintiff has established the probable validity of the plaintiffs claim to possession of the following property (specify): 201 6 Nissan Altima motor vehicle, Vehicle Identification No. 1N4AL3AP3GN373559. with a value of $12,281 .00. D Continued on Attachment 3c. d. There is some probable cause to believe this property or part of itislocated at one ormore of the following private places a garage, or other parking area, windowless, locked or otherwise. (specify): In at: 5536 N. Olinda Ave., Fresno,CA 93723 E Co'ntinued on Attachment 3c. and 'defendant' includes a'oss—defendant "Flaintifi" includes crosscomplainanl' 0'2 Page 1 Mandalay Use Farm Anopted for Civ. Pm. §§ 512.020: SIZOSO éudualcnwixowamma ‘ ORDER FOR WRIT 0F POSSESSION Code 512070: 5| “.OIO-SI 10$: 5| 5.01 0 n.|2a(Rev.JanuaryI.2ooe) (Claim and Delivery) wwmcoumhrumagav ff“ I/ \‘ I \_ « ’ ’ } x »\ \\ \J > - 4. \\_/ \ \* I .' h ., - . CD-1 20 PLAINTIFF:FLAGSHIP CREDIT ACCEPTANCE, LLC, a limited liability company CASE NUMBER: a LYNN MARQUEZ aka SUMMER L. MARQUEZ aka SUMMER MARQUEZ an DEFENEANT: figmyilR 1QCECLO4489 ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION 4. D The court also finds: a. E Defendant gained possession of the property described in item 3c. which was not entrusted to the defendant, by such property from the plaintiff by means other than by false or fraudulent representation, pretense, or feloniously taking embezzlement. C' . E The propertyisa credit card. .0 E Defendant acquired possession of this property in the ordinary course of the defendant's trade or business for commercial purposes, and (1) the property is not necessary for the support of the defendant or the defendant’s family; (2) there is an immediate danger that the property will become unavailable to levy by reason of being transferred, concealed or removed from the state, or will become substantially impaired in value by acts of destructions. or by failure to take care of the property in a reasonable manner; and (3) the ex parte issuance of a writ of possession is necessary to protect the property. d. lTotaInumber ofboxes pheckéd initem 4: 'ORDERs 5. lT-ISORDERED a. The clerk of this court is Code directed to issue a writ of possession as provided in of Civil Procedure section 512.020, directing whose jurisdiction the sheriff or marshal within the property describedinitem 30, orsome part of is it, located. to seize such. property and retain custody of itas providedin Code of Civil Procedure sections 514.010-514.050. b. - The clerkisdirected to issue the writ of possession immediately .0 - The clerk'Is directed to issue the writ of possession upon the Code of Civil Procedure section 515. 010 in the amount of. $ 0. 00 ' of a written undertaking, as required by plaintiff’s filing d. The written undertaking requirement by the defendantfor redelivery or to stay delivery isthe amount of:$ 22,993.81 e. The is and a copy of the directed to attach a copy of this order clerk of this court undertaking to the writ of possession. plaintiff‘s f. The sheriff or some marshal may enter the following private place(s) to take possession of the property or part ofit: a garage, or other parking area, windowless, locked or othenNise, at: (special): ln 5536 N. Olinda Ave., Fresno, CA 93723 E ContinUed on Attachment 5f. g. Defendant (name): SUMMER LYNN MARQUEZ aka SUMMER L.MARQUEZ aka SUMMER MARQUEZ. an individual isordered to transfer possession of the property described in item 3c to the (Code plaintiff. Civ. Proc., § 512:070.) NOTICE TO DEFENDANT: Failure to comply with an order of the court to turn over possessionof such property to the may subject you plaintiff to being held in contempt of court. 6‘ Numb'erofpages attached: 0 Dated: 8' b’ lfi _ éV/W éSignature (JUDICIALOFFICER) follows last attachment , NOELLE PEBET cmzo (Rev. January zoos; 1. mum: ORDER FOR WRIT OF POSSESSION (Claim and Delivery)