Mercedes-Benz Financial Services USA LLC. v. The Estate of Ashot Davtyan, et al., 20STCV01844

Tentative decision on application for writ of possession: granted

Plaintiff Mercedes-Benz Financial Services USA, LLC. (“Mercedes-Benz”) seeks a writ of possession against Defendant Hitek Foreign, Inc. (“Hitek”) to recover a 2014 Mercedes-Benz E250, VIN WDDHF0EB4EA942796 (“Vehicle”).

The court has read and considered the moving papers[1] (no opposition was filed), and renders the following tentative decision.

A. Statement of the Case

1. Complaint

Plaintiff Mercedes-Benz commenced this proceeding on January 15, 2020 against Defendant Estate (“Estate”) of Ashot Davtyan (“Davtyan”), by and through its personal representative, alleging causes of action for (1) breach of contract, (2) common count, (3) claim and delivery, and (4) violation of Civ. Code section 3068, and (5) conversion. The Complaint alleges in pertinent part as follows.

Prior to the commencement of this action, Davtyan, for