On February 13, 2020 a
Party Discovery
was filed
involving a dispute between
Capital One Auto Fiance,
and
Does 1 To 10,
Greenwood, Evelyn S.,
for Collections (ltd - 10K to 25K)
in the District Court of San Bernardino County.
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V ‘
"CDRUGHN ml V CD-1 00
ATTORNEY OR PARTY WITHOUT ATTORNEY
(Name, State Bar number, and address): Fan COURT USE ONLY
SBN: 240919
_ Christian P. Foote
Clark Hill,LLP
One embarcadero Center, Suite 400
San Francisco, CA 941 11
TELEPHONE 415-984-8552
No.: FAX NO.(Optional):
ADDRESS
E-MAIL Cfoote@clarkhill.com
(Optional):
AVORNEY FOR (Name)~'CAPITAL ONE AUTO FINANCE SUPERIOR: I L E
SUPERIOR coun'r 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO sffiUNTY ops RT OF CALIF
STREET ADDRESS: 247 West Third St. BERNARDHGN BERNARD?A7~
SAME
MAILING ADDRESS: NIL
DIVISIOON
CITYAND ZIP CODE: San Bemardino,CA 92415
FEB ~
9
BRANCH NAME:
Civil Division ofthe San Bemardino Distn'ct
202]
PLAINTIFF: CAPITAL ONE AUTO FINANCE
OMCA G
' D
DEFEN DANT: EVELYN S.GREENWOOD
APPLICATION FOR WRIT 0F POSSESSION E AFTER HEARING
CASE ”UMBER:
m EX PARTE E AND FOR TEMPORARY RESTRAINING ORDER
CIVDS 2004658
1. has
Plaintiff‘ a complaint and makes c|aim
filed possession of the defendant
for delivery of property in the named in b.
a. (name): Capital
Plaintiff One Auto Finance
b. Defendant (name): Evelyn S.Greenwood
2.
a. E
m
applies for (check
Plaintiff allthat apply):
Writ of possession after hearing (Code Civ. Proc, (C.C.P.), § 512.010).
b.
c. E Ex parte
Temporary
possession (C.C.P., § 512.020).
writ of Ex Parte Writ
(File Declaration for of Possession, form 00-180.)
Temporary Restraining Order,
restraining order (C.C.P., § 513.010). (File Application for
E
form 00-190.)
The basis
a copy of whichis attached.
and
of the plaintiff's c|aim possession of the claimed property
right to
the verified complaint. E isspecifiedin
the attached deciaration. E a written docu ment,
the following facts (specify):
4. Claimed property (Describe, state value, and further identify any property that is a farm product (Code Civ.Proc., § 51 1.040)
or inventory held for sale or lease (Code Civ. Proc., § 51 1.050)):
2015 Honda Civic VIN #19XFB4F25FE201641
*
E Continued on Attachment 4.
cross»oomp|ainant, “defendant" includes cross-defendant, and “complaint" includes cross—complaint.
“Plaintiff" includes
Page1of 2
Form Adopted
Mandatory Use
ior Code 512.010
Civ. Proc. §
éfigggggggcjgguggfigggw APPLICATION Fon WRIT 0F POSSESSION www.courtinfo.ca.gav
Wesllaw Doc & Form Bullda‘
(Claim and Delivery)
-.
. \v V CD-1 00
PLAINTIFF: CAPITAL ONE AUTO FINANCE CASE NUMBER:
20NWLC03981
DEFENDANT: SUSAN FIERRO
5. A showing that the claimed propertyis how
wrongfully detained by defendant, of the defendant came into possession of the claimed
claimed property,ismade m inthe verified complaint. E and
property, and, according to Plaintiff‘s best knowledge, information,
inthe attached declaration.E
the reason for the defendant's detention of the
belief, of
as follows (specify):
6.
mTo Plaintiff's
inthe verified complaint. E
(Include in this statement whether
in the attached declaration.
any pan of the claimed propertyis
m
within
some
best knowledge, information, and belief the claimed property or part of
itislocated as stated
as follows (specify):
a private placethatmay have to be entered totake
possession. Ifso, complete item 7.)
11498 Via Monte
Fontana, CA 92337
7.E initem 6 are specified in the verified complaint. E in
some pan
Facts showing probable cause for belief that the claimed property or of itislocated
the attached declaration.
in
Ethe private place referred to
as follows:
8. The claimed property has notbeen taken for atax,assessment, or pursuant to statute, and (check one):
fine,
a. has not been seized under an execution against theplaintiff's
property.
b. E] has been seized under an execution against the property, but
plaintiff's isexempt from such seizure under
(code section):
9. This action
m
issubject to the E Unruh Retail Installment Sales Act (Civ.
Code, §§ 1801-1812.10);
Rees-Levering Motor Vehicle Sales and Finance Act
Facts showing that thisisthe proper court are specified
in
(Civ.
the
Code, §§ 2981—29844).
verified complaint. E attached declaration.
10. Totalnumber ofpages attached:
|declare under penalty of perjury under the laws of the State of California that the foregoing
is trueand correct.
Dated: January
Fhrqtian P Fonte
25 ,
2021
0R PRINT NAME)
(TYPE
,
42 (PLAINTIFF'S SIGNATURE)
Page 2
of 2
°D"°°‘R“'Ja“”ary"2°°6‘
APPLICATION Fon WRIT 0F POSSESSION
(Claim and Delivery)
Document Filed Date
February 09, 2021
Case Filing Date
February 13, 2020
Category
Collections (ltd - 10K to 25K)
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V ‘ "CDRUGHN ml V CD-1 00 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Fan COURT USE ONLY SBN: 240919 _ Christian P. Foote Clark Hill,LLP One embarcadero Center, Suite 400 San Francisco, CA 941 11 TELEPHONE 415-984-8552 No.: FAX NO.(Optional): ADDRESS E-MAIL Cfoote@clarkhill.com (Optional): AVORNEY FOR (Name)~'CAPITAL ONE AUTO FINANCE SUPERIOR: I L E SUPERIOR coun'r 0F CALIFORNIA, COUNTY 0F SAN BERNARDINO sffiUNTY ops RT OF CALIF STREET ADDRESS: 247 West Third St. BERNARDHGN BERNARD?A7~ SAME MAILING ADDRESS: NIL DIVISIOON CITYAND ZIP CODE: San Bemardino,CA 92415 FEB ~ 9 BRANCH NAME: Civil Division ofthe San Bemardino Distn'ct 202] PLAINTIFF: CAPITAL ONE AUTO FINANCE OMCA G ' D DEFEN DANT: EVELYN S.GREENWOOD APPLICATION FOR WRIT 0F POSSESSION E AFTER HEARING CASE ”UMBER: m EX PARTE E AND FOR TEMPORARY RESTRAINING ORDER CIVDS 2004658 1. has Plaintiff‘ a complaint and makes c|aim filed possession of the defendant for delivery of property in the named in b. a. (name): Capital Plaintiff One Auto Finance b. Defendant (name): Evelyn S.Greenwood 2. a. E m applies for (check Plaintiff allthat apply): Writ of possession after hearing (Code Civ. Proc, (C.C.P.), § 512.010). b. c. E Ex parte Temporary possession (C.C.P., § 512.020). writ of Ex Parte Writ (File Declaration for of Possession, form 00-180.) Temporary Restraining Order, restraining order (C.C.P., § 513.010). (File Application for E form 00-190.) The basis a copy of whichis attached. and of the plaintiff's c|aim possession of the claimed property right to the verified complaint. E isspecifiedin the attached deciaration. E a written docu ment, the following facts (specify): 4. Claimed property (Describe, state value, and further identify any property that is a farm product (Code Civ.Proc., § 51 1.040) or inventory held for sale or lease (Code Civ. Proc., § 51 1.050)): 2015 Honda Civic VIN #19XFB4F25FE201641 * E Continued on Attachment 4. cross»oomp|ainant, “defendant" includes cross-defendant, and “complaint" includes cross—complaint. “Plaintiff" includes Page1of 2 Form Adopted Mandatory Use ior Code 512.010 Civ. Proc. § éfigggggggcjgguggfigggw APPLICATION Fon WRIT 0F POSSESSION www.courtinfo.ca.gav Wesllaw Doc & Form Bullda‘ (Claim and Delivery) -. . \v V CD-1 00 PLAINTIFF: CAPITAL ONE AUTO FINANCE CASE NUMBER: 20NWLC03981 DEFENDANT: SUSAN FIERRO 5. A showing that the claimed propertyis how wrongfully detained by defendant, of the defendant came into possession of the claimed claimed property,ismade m inthe verified complaint. E and property, and, according to Plaintiff‘s best knowledge, information, inthe attached declaration.E the reason for the defendant's detention of the belief, of as follows (specify): 6. mTo Plaintiff's inthe verified complaint. E (Include in this statement whether in the attached declaration. any pan of the claimed propertyis m within some best knowledge, information, and belief the claimed property or part of itislocated as stated as follows (specify): a private placethatmay have to be entered totake possession. Ifso, complete item 7.) 11498 Via Monte Fontana, CA 92337 7.E initem 6 are specified in the verified complaint. E in some pan Facts showing probable cause for belief that the claimed property or of itislocated the attached declaration. in Ethe private place referred to as follows: 8. The claimed property has notbeen taken for atax,assessment, or pursuant to statute, and (check one): fine, a. has not been seized under an execution against theplaintiff's property. b. E] has been seized under an execution against the property, but plaintiff's isexempt from such seizure under (code section): 9. This action m issubject to the E Unruh Retail Installment Sales Act (Civ. Code, §§ 1801-1812.10); Rees-Levering Motor Vehicle Sales and Finance Act Facts showing that thisisthe proper court are specified in (Civ. the Code, §§ 2981—29844). verified complaint. E attached declaration. 10. Totalnumber ofpages attached: |declare under penalty of perjury under the laws of the State of California that the foregoing is trueand correct. Dated: January Fhrqtian P Fonte 25 , 2021 0R PRINT NAME) (TYPE , 42 (PLAINTIFF'S SIGNATURE) Page 2 of 2 °D"°°‘R“'Ja“”ary"2°°6‘ APPLICATION Fon WRIT 0F POSSESSION (Claim and Delivery)