2018-00243337-CU-CL

Regional Acceptance Corp. vs. Magen Michelle Hernandez

Nature of Proceeding: Writ of Possession

Filed By: Burstein, Arden D.

Plaintiff Regional Acceptance Corporation’s (“RAC”) Application for Issuance of Writ of Possession of a 2016 Ford Explorer, VIN# 1FM5K7B81GGB73129 is UNOPPOSED and is GRANTED.

RAC’s showing is sufficient under CCP § 512.060 to establish the probably validity of its claim to possession of the subject vehicle. (See Baldwin Decl. ¶¶ 1-10 and Exs. A-C.)

As the record establishes defendant Magen Michelle Hernandez has no interest in the vehicle given that the amount owned exceeds the value of the vehicle, RAC is not required to file an undertaking. The amount Defendant must post as an undertaking to stay delivery or regain possession pursuant to CCP § 512.020 is $28,254.29. RAC is also entitled to a turn over order. (CCP § 512.070.) 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 1, 2019, RAC 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).

RAC 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. RAC shall notify Defendant immediately.

This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.