What is an Application for Writ of Possession?

Useful Rulings on Application for Writ of Possession

Recent Rulings on Application for Writ of Possession

FORD MOTOR CREDIT COMPANY LLC VS FRANK ANTHONY FERRI

F-49 Calendar # 3 Date: 9-21-20 c/f 5-22-20 Case #20CHCV00121 Trial Date: N/A WRIT OF POSSESSION MOVING PARTY: Plaintiff, Ford Motor Credit Company, LLC RESPONDING PARTY: Unopposed/Defendant, Frank Anthony Ferri RELIEF REQUESTED Writ of Possession SUMMARY OF ACTION On July 27, 2017, defendant Frank Anthony Ferri entered into retail installment purchase agreement for a certain Ford F-150 vehicle. Defendant failed to make the payment due on August 10, 2019, or any payment thereafter.

  • Hearing

    Sep 21, 2020

CHARTER-VERNON PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS JONG SUB KIM, ET AL.

The clerk is directed to execute the writ of possession.

  • Hearing

    Sep 17, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

OLANNA TASKEY VS BENJAMIN BOSTON, ET AL.

(Id. at p. 1075 [although the landlord’s good faith in seeking possession was litigated in the UD action, the issue of landlord’s good faith in seeking a writ of possession to satisfy her judgment was not].) In City of Los Angeles v.

  • Hearing

    Sep 17, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

(NO CASE NAME AVAILABLE)

Please post this tentative for this afternoon’s hearing: Defendants Paul Roger Oldfield and Tanya Erandonyan Oldfield (“Defendants” or “the Oldfields”) filed an ex parte application on September 9, 2020 seeking an order staying execution of a writ of possession that would remove them from their home on September 16, 2020 or thereafter, based on a stipulated judgment in this unlawful detainer action.

  • Hearing

    Sep 16, 2020

VIVERA PHARMACEUTICALS, INC., A DELAWARE CORPORATION VS BLAINE HOLDING & DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Blaine filed a Claim of Right of Possession, contending that he occupied the premises at 11037 Lockport Place, Santa Fe Springs, California, and he was not named in the Writ of Possession. On 5/28/19, Robert Blaine filed a declaration, attesting at ¶ 5: [D]ue to difficulties with filling out the Judicial Council Form for the Claim of Right to Possession there may be some confusion as to precisely who is making the Claim of Right of Possession.

  • Hearing

    Sep 15, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

: ROCKY TOP RENTALS V. WARNER

Plaintiff's Application for Writ of Possession is denied without prejudice. There is no proof of service of the summons, complaint, or application on the defendant. YOU MAY SCHEDULE A TELEPHONIC APPEARANCE (AT LEAST TWO COURT DAYS PRIOR TO HEARING) USING VCOURT AT THE FOLLOWING INTERNET SITE: http://nccourt.net/onlinesvcs/vcourt.shtml. The Court continues to encourage all appearances to be conducted remotely through V-Court.

  • Hearing

    Sep 11, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

MERCEDES-BENZ FINANCIAL SERVICES USA LLC VS AB GLOBAL SERVICES, INC., ET AL.

CONCLUSION AND ORDER Plaintiff’s application for a writ of possession directed against Defendant ABGS is granted. The Court issues the requested writ of possession to obtain the Vehicles at Defendant ABGS’s business address at 12043 Califa Street in Valley Village, California. The requirement for Plaintiff to post an undertaking is waived. Plaintiff’s application for a writ of possession directed against Defendant Buchek is denied. Plaintiff is ordered to provide notice of this order.

  • Hearing

    Sep 11, 2020

  • County

    Los Angeles County, CA

PNC EQUIPMENT FINANCE, LLC V. AJ TRANS, INC., ET AL.

Motion: by Plaintiff for Writ of Possession Tentative Ruling: To deny without prejudice. Explanation: After filing a complaint, the plaintiff may apply for a writ of possession by filing an application under oath that identifies and describes with particularity the property sought to be seized. (Code Civ. Proc. § 512.010.)

  • Hearing

    Sep 11, 2020

(NO CASE NAME AVAILABLE)

On March 20, 2020, a writ of possession issued. LEGAL AUTHORITY “The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.

  • Hearing

    Sep 11, 2020

JASON THEIS, ET AL. VS. 157TH R.E. MANAGEMENT, LLC, ET AL.

Defendants provide the following evidence: Documents from the underlying unlawful detainer action including: The Summons and Complaint Request for Default Judgment Default Judgment; and Writ of Possession. (Decl. Nathan, Exhs. E–I.) The declaration of Laurence Zwirn wherein he declares plaintiffs were evicted for making alterations to the property. (Decl. Zwirn, ¶ 4, Decl. Nathan, Exh. D.)

  • Hearing

    Sep 10, 2020

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

CHARTER-VERNON PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS JONG SUB KIM, ET AL.

The Court notes Plaintiff also requests the issuance of a writ of possession. Plaintiff has not submitted a proposed writ of possession (Form EJ-130). Accordingly, the motion is CONTINUED to September 17, 2020 at 9:30 a.m. Plaintiff is ordered to submit copies of the missing exhibits and a proposed writ of possession no later than three days prior to the continued hearing date.

  • Hearing

    Sep 10, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

MERCEDES-BENZ FINANCIAL SERVICES USA LLC, A DELAWARE LIMITED LIABILITY COMPANY VS THE ESTATE OF ASHOT DAVTYAN BY AND THROUGH ITS PERSONAL REPRESENTATIVE, ET AL.

Applicable Law A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. See Pillsbury, Madison & Sutro v. Schectman, (1997) 55 Cal.App.4th 1279, 1288. As a provisional remedy, the right to possession is only temporary, and title and the right to possess are determined in the final judgment. A writ of possession is available in any pending action.

  • Hearing

    Sep 08, 2020

KEVIN HARR VS ROZWOOD & COMPANY, ET AL.,

Harr’s Motion (corrected) For A Turnover Order, or Writ of Possession Enforcing Plaintiff’s Judgment is DENIED, without prejudice. The Stipulated Judgment adjudicated the amount of Harr’s interest in the “surplus proceeds.” The Stipulated Judgment did not adjudicate Harr’s right to enforce his equitable interest against Rozwood’s creditors that have liens on the Surplus Proceeds.

  • Hearing

    Sep 08, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

VW CREDIT, INC., A DELAWARE CORPORATION VS IRINA HAKOBJANYAN

Application for Writ of Possession On March 5, 2020, Plaintiff filed the application for writ of possession against Defendant for the Vehicle. On March 6, 2020, Plaintiff filed the declaration of James Lynch in support of the application. The Court is not in receipt of an opposition brief.

  • Hearing

    Sep 04, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • County

    Los Angeles County, CA

JACQUELINE AVITIA, ET AL. VS J & H ASSET PROPERTY MANAGEMENT INC

A writ of possession was issued, but remains unenforced. [Declaration of Harmeet Chana, ¶¶ 19-21.] The court entered judgment on the unlawful detainer action on January 9, 2020. The record shows that Plaintiff filed no appeal on the underlying judgment, and the 60-day appellate period on the January 9, 2020 judgment has now lapsed. (Cal. Rules of Court, rule 8.104.) The judgment is now final.

  • Hearing

    Sep 02, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ALLY FINANCIAL INC., A CORPORATION VS HUGO E. QUINTANA

Plaintiff filed its application for writ of possession on February 13, 2020. On May 12, 2020, based on conditions and orders related to the spread of Covid-19, the court continued the hearing on the application for writ of possession to September 1, 2020. On July 6, 2020, Plaintiff sub-served Defendant with the summons, complaint, application for writ of possession, notice of hearing, and notice of continuance. No opposition has been received.

  • Hearing

    Sep 01, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

TCF NATIONAL BANK VS. IRVINE AUTO TOWING, INC.

Application for Writ of Possession filed by Plaintiff TCF National Bank The application of plaintiff TCF National for a writ of possession after hearing concerning four Dodge Ram 5500 vehicles described more specifically in the application plus all attachments and accessories is granted. The Court finds that defendants Irvine Auto Towing, Inc., dba Pride Towing and Recovery, has no interest in the vehicles and therefor waives the bond requirement.

  • Hearing

    Sep 01, 2020

FERRARI FINANCIAL SERVICES, INC. V. TADA

Plaintiff’s (Ferrari Financial Services) Application for Writ of Possession (Application), filed on 5-29-20 under ROA No. 14, is DENIED.

  • Hearing

    Sep 01, 2020

TRANSPORT FUNDING, LLC V. SUKHWINDER SINGH

., Daljit Singh, and Sukhwinder Singh Tentative Ruling: To grant the writ of possession with regard to defendant Sukhwinder Singh only. Plaintiff is directed to submit to this court, within five (5) days of service of this order, a proposed order for writ of possession of the 2015 FL Cascadia Tractor (VIN 3AKJGLD51FSFU4960).

  • Hearing

    Aug 31, 2020

NISSAN-INFINITI LT., A DIVISION OF NISSAN MOTOR ACCEPTANCE CORPORATION., A CORPORATION VS CASTALY ROXANA GUERRA, ET AL.

F-49 Calendar # 3 Date: 8-31-20 c/f 5-7-20 Case #20CHCV00146 Trial Date: N/A WRIT OF POSSESSION MOVING PARTY: Plaintiff, Nissan-Infiniti LT. RESPONDING PARTY: Unopposed/Defendants, Castaly Guerra, et al. RELIEF REQUESTED Writ of Possession SUMMARY OF ACTION On December 6, 2019, defendant Castaly Guerra leased a Nissan Altima vehicle. Defendant failed to make the payment due on January 6, 2020, or any payment thereafter.

  • Hearing

    Aug 31, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

SUPERIOR COURT VS. JEFFREY WHALENDATE AUGUST TIME AM LINE NUMBER THIS MATTER WILL BE HEARD BY THE HONORABLE JUDGE SOCRATES PETER MANOUKIAN IN DEPARTMENT IN THE OLD COURTHOUSE

ORDER ON APPLICATION OF PLAINTIFF FOR A WRIT OF POSSESSION AND TURNOVER ORDER Continued From 28 July 2020 Property to Be Seized. The application of Plaintiff John Deere Construction & Forest Company for a writ of possession for a certain John Deere model number 700K Crawler Dozer bearing serial number 1T0700KXVFF278964 and all attachments, accessories, components, repairs, and improvements thereto (hereinafter referred to collectively as the “Equipment”) is GRANTED.

  • Hearing

    Aug 27, 2020

MARI N HUDSON VS MARINELAND COMMUNITY ASSOCIATION, INC, ET AL.

Hudson (“Hudson”) was in peaceable possession of property when Defendants forcibly entered the property by means of the Sheriff and a void writ of possession. (Complaint ¶ 14.) procedural history Hudson filed the Complaint on May 1, 2019, alleging seven causes of action: Wrongful Eviction Forcible Detainer Conversion Injunctive Relief Conspiracy Unfair Business Practices Quiet Title Defendant L.

  • Hearing

    Aug 27, 2020

VENICCI INVESTMENT GROUP, INC. VS LORD HOUSING, LLC, ET AL.

Pursuant to the Los Angeles Superior Court’s Local Rules, an application for pre-judgment writ of attachment or writ of possession matter is assigned to Department 82, 85, or 86. (Local Rule 2.8(a); see also Local Rule 2.9.) Therefore, this ex parte is being taken OFF- CALENDAR; the moving party may refile the motion in the correct department.

  • Hearing

    Aug 27, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

IVAN RENE MOORE VS KIMBERLY MARTIN-BRAGG

The Court’s ruling stated that “the judgment for possession of the subject personal property is enforceable by a writ of possession” and “there [was] no evidence that Plaintiff has obtained a writ of possession for the subject personal property pursuant to CCP § 714.010(a).” (Ruling at *3.)

  • Hearing

    Aug 26, 2020

ALLY BANK, A CORPORATION VS ANTHONY GONSALVES, AN INDIVIDUAL

Anthony Gonsalves, Judge Mary Strobel Hearing: August 25, 2020 19STLC11789 Tentative Decision on Application for Writ of Possession Plaintiff Ally Bank (“Plaintiff”) seeks a writ of possession against Defendant Anthony Gonsalves (“Defendant”) over the following property: 2008 Mercedes-Benz S63, VIN # WDDNG77X38A205711(“Vehicle”).

  • Hearing

    Aug 25, 2020

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