Case Number: 19PSCV00515 Hearing Date: September 24, 2019 Dept: O

ANALYSIS

1-2. Plaintiff Santander Consumer USA’s applications for Writ of Possession against (1) Kenneth Wilson and (2) Panorama Automotive Towing are GRANTED.

Notice:

The Court is in receipt of proof of service for the summons and complaint.

Accordingly, the application is GRANTED.

Merits:

Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to Code of Civil Procedure section 512.101(b):

The basis of the plaintiff’s claim that the plaintiff is entitled to possession;

A showing that the property is wrongfully detained and of the manner in which defendant came into possession;

A particular description of the property and a statement of its value;

The property’s location based on plaintiff’s knowledge, information and belief; and

A statement that the property has not been seized by statute or execution against it.

The writ will be issued if the plaintiff’s claim is probably valid. (CCP § 512.040(b).) A writ to take possession of property at a private location requires the plaintiff to show probable cause that the property is located there. (CCP § 512.060(b).)

Defendants entered into an agreement, giving Plaintiff the right to immediate possession of the collateral upon default. (James Decl., ¶ 4.) Defendants defaulted. (Id. at ¶ 5.) The contract describes the property as a 2018 Jeep Cherokee. (Id. at ¶ 4.) The property is not being seized pursuant to an execution or attachment. (Id. at ¶ 13.) The property is believed to be located at 23222 Sierra Hwy #B, Newhall, CA 91321. (Id. at ¶ 15.) Based on Plaintiff’s declaration and lacking any opposition, Plaintiff’s claim is probably valid.

Undertaking: A bond must be posted as part of the undertaking unless the court finds that the defendant has no interest in the property. (CCP § 515.010(b).) The undertaking must be in an amount equal to twice the value of the defendant’s interest in the property (market value less all liens, etc.). (CCP § 515.010.) Defendant’s interest is based on the market value of the property less (1) any amount due and owing on any conditional sales contract or security agreement, (2) all liens and encumbrances on the property, and (3) any other factors to determine the defendant’s interest in the property. (CCP § 515.010(a).)

Since the balance owed ($25,388.34) is greater than the value ($17,725.00), Defendants have no interest in the property. Plaintiff is not required to post an undertaking.