2018-00245063-CL-BC

Transport Funding, LLC vs. Jaime Rolando Vides

Nature of Proceeding: Writ of Possession

Filed By: Cox, Pamela L.

Plaintiff Transport Funding, LLC’s (“Plaintiff”) Application for Issuance of Writ of Possession of a 2009 FL Columbia Tractor, VIN# 1FUJA6CK79LAD2285 is UNOPPOSED and is GRANTED.

Plaintiff’s showing is sufficient under CCP § 512.060 to establish the probably validity of its claim to possession of the subject vehicle. (See Newton Decl. ¶¶ 1-19 and Exhs. 1-4.)

Plaintiff shall post an undertaking in the amount of $9,000, which is approximately twice the value of Defendant’s interest in the property. (Newton Decl. ¶¶ 8, 10, 18; CCP § 515.010.)

With a writ of possession the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. The order must contain a notice to the defendant that failure to comply with the order may subject the defendant to being held in contempt of court. (CCP § 512.070.) This code section makes clear the court has power to direct the defendant to cooperate; the turnover order is not in lieu of the writ but rather in addition to or in aid of the writ thereby allowing the plaintiff to select a more information and less expensive means of obtaining possession. (See JC Form No. CD-120.)

No later than February 14, 2019, Plaintiff shall submit an order on the mandatory Judicial Council form for the Court’s signature.

The notice of application does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Counsel is ordered to notify Defendant immediately of the tentative ruling system and to be available at the hearing, in person or by telephone, in the event Defendant appears without following the procedures set forth in Local Rule 1.06(B).

Plaintiff has indicated the incorrect address in its notice of motion. The correct address for Department 53 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. Plaintiff shall notify Defendant immediately.