2017-00221507-CL-CL

Flagship Credit Acceptance, LLC vs. Fonda Nichole Lewis

Nature of Proceeding: Writ of Possession

Filed By: Vanlochem, Michael D.

Plaintiff Flagship Credit Acceptance, LLC’s unopposed application for writ of possession of a 2013 Ford C-Max VIN# 1FADP5BU514897 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 time of hearing. If proof of service is not filed, the matter will be dropped.

Plaintiff’s showing is sufficient under CCR § 512.060 to establish the probable validity of its claim to possession of the vehicle. (See Kirkley Decl. ¶¶ 4-10 and Exhs. A-C.)

As the record establishes that Defendant Fonda Nichole Lewis 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 $18,204.65. (CCP § 515.020(a).) Plaintiff is also entitled to a turn over order. (CCP § 512.070.)

The Court denies Plaintiff’s request to examine Defendant at the hearing to update the information regarding the location of the vehicle. While CCP § 512.050 may contemplate allowing additional evidence to be offered at the hearing, it does not contemplate allowing the moving party to require the opposing party to appear in Court for an examination. (See, e.g. CRC Rule 3.1306(a)– Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown.)

No later than January 25, 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.