Case Number: TC029041 Hearing Date: June 28, 2018 Dept: A

# 10. North Mill Equipment Finance LLC v. Jumansa Logistics, Inc. Et al.

Case No.: TC029041

Matter on calendar for: application for writ of possession

Tentative ruling:

I. Background

This is an action for the repossession of a vehicle. Plaintiff North Mill Equipment Finance, LLC claims that defendant Jumansa Logistics, Inc. defaulted under the terms of the Security Agreement. (Complaint Exh. 1; Complaint ¶ 8.) The agreement entitles North Mill to repossess the vehicle upon Jumansa’s default. (Id. Exh. 1, ¶ 8.) Defendant Juan M. Angulo is Jumansa’s guarantor. Defendants allegedly owe $39,913.08.

The complaint asserts causes of action for: (1) breach of loan and security agreement, (2) foreclosure of security agreement and possession of collateral, (3) account stated, (4) open book, (5) unjust enrichment, and (6) breach of personal guaranty.

There is no proof of service for the summons and complaint in the file.

II. Standard

To obtain a writ of possession, plaintiff must show that it has the right to immediate possession of tangible personal property, and the property is being wrongfully withheld by defendant. (See C.C.P. § 512.010; Englert v. IVAC Corp. (1979) 92 Cal. App. 3d 178, 184.) Plaintiff must show the probable validity of its claim to possession of the property. A claim has “probable validity” where it is more likely than not that Plaintiff will obtain a judgment against Defendant on that claim. (C.C.P. § 511.090.) Plaintiff must also post a bond of twice the value of Defendant’s interest in the property, unless the Court finds that Defendant has no interest in the property, in which case no undertaking is required. (C.C.P. § 515.010.)

Plaintiff must serve Defendant with the Summons and Complaint, Notice of Application and Hearing, and a copy of the application prior to the hearing. (C.C.P. § 512.030.)

III. Analysis

North Mill must file the proof of service of the summons and complaint. (C.C.P. § 512.030.) This is absent; the application is therefore denied.

The application is otherwise meritorious. North Mill’s declaration establishes that Jumansa failed to make payment on April 28, 2017, and subsequently failed to become current. (Miller Decl. ¶ 7.) North Mill includes a declaration placing the vehicle’s value at $10,000. An undertaking is not required as Jumansa owes more than the vehicle is worth.

IV. Ruling

The application for writ of possession is denied.