2017-00224297-CU-BC

Schools Financial Credit Union vs. Toby M. Bailey

Nature of Proceeding: Writ of Possession

Filed By: Smith, Jennifer A.

Plaintiff Schools Financial Credit Union’s unopposed application for writ of possession of a 2014 GMC Sierra 1500 Double Cab SLE Pickup, VIN# 1GTV2UEC2EZ260882 is granted provided proof of service demonstrating compliance with the service requirements of Code of Civil Procedure §§ 512.030 and 1005 is filed prior to the hearing. If proof of service is not filed, the matter will be dropped.

Plaintiff’s showing is sufficient under CCP § 512.060 to establish the probable validity of its claim to possession of the vehicle. (See Boyce Decl. ¶¶ 1-12 and exhs. 1-4.)

As the record establishes that Defendant Toby Bailey has no interest in the vehicle given that the amount owed exceeds the value of the vehicle, Plaintiff is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to Code of Civil Procedure section 512.020 is $30,412. (CCP § 515.020(a).) Plaintiff is also entitled to a turn over order. (CCP § 512.070.)

No later than March 8, 2018, Plaintiff shall submit an order on the mandatory Judicial Council form for the Court’s signature.

Again, if proof of service is not filed the application is dropped.

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).