# 7. Ally Bank v. Terry S. Bell aka Terry Bell, et al.
Case No.: 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.
Plaintiff now applies for a writ of possession to obtain possession of the 2017 Nissan Maxima.
For the reasons set forth below, the Court grants the application.
Standard
To obtain a writ of possession, a plaintiff must show they have the right to immediate possession of tangible personal property and the property is being wrongfully withheld by the defendant. (C.C.P., § 512.010; Englert v. IVAC Corp. (1979) 92 Cal.App.3d 178, 184.) A plaintiff
Type
Other Promissory Note/Collections Case (General Jurisdiction)
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# 7. Ally Bank v. Terry S. Bell aka Terry Bell, et al.
Case No.: 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.
Plaintiff now applies for a writ of possession to obtain possession of the 2017 Nissan Maxima.
For the reasons set forth below, the Court grants the application.
Standard
To obtain a writ of possession, a plaintiff must show they have the right to immediate possession of tangible personal property and the property is being wrongfully withheld by the defendant. (C.C.P., § 512.010; Englert v. IVAC Corp. (1979) 92 Cal.App.3d 178, 184.) A plaintiff