This case was last updated from Los Angeles County Superior Courts on 09/11/2021 at 06:20:39 (UTC).

ACAR LEASING LTD. VS EFREM MINASIAN, ET AL.

Case Summary

On 11/24/2020 ACAR LEASING LTD filed a Contract - Other Contract lawsuit against EFREM MINASIAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9858

  • Filing Date:

    11/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ACAR LEASING LTD. AKA GM FINANCIAL LEASING LIMITED

Defendants and Not Classified By Court

MINASIAN EFREM

CARBON COLLISION CENTER

CARBON AUTOMOTIVE LLC

Attorney/Law Firm Details

Plaintiff Attorney

ERNEST STEVEN E

 

Court Documents

Minute Order - Minute Order (APPLICATION OF PLAINTIFF, ACAR LEASING LTD., FOR WRIT OF POSS...)

5/6/2021: Minute Order - Minute Order (APPLICATION OF PLAINTIFF, ACAR LEASING LTD., FOR WRIT OF POSS...)

Request for Dismissal - Request for Dismissal

3/8/2021: Request for Dismissal - Request for Dismissal

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

2/22/2021: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Order (name extension) - Order Preliminary Injunction

12/23/2020: Order (name extension) - Order Preliminary Injunction

Notice (name extension) - Notice of Preliminary Injunction

12/24/2020: Notice (name extension) - Notice of Preliminary Injunction

Declaration (name extension) - Declaration DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

12/4/2020: Declaration (name extension) - Declaration DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Order (name extension) - Order TEMPORARY RESTRAINING ORDER

12/4/2020: Order (name extension) - Order TEMPORARY RESTRAINING ORDER

Memorandum of Points & Authorities - Memorandum of Points & Authorities MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION

12/7/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION

Notice of Application and Hearing for Writ of Attachment (CCP 484.040) - Notice of Application and Hearing for Writ of Attachment (CCP 484.040)

12/7/2020: Notice of Application and Hearing for Writ of Attachment (CCP 484.040) - Notice of Application and Hearing for Writ of Attachment (CCP 484.040)

Application for Writ of Possession - Application for Writ of Possession

12/7/2020: Application for Writ of Possession - Application for Writ of Possession

Declaration (name extension) - Declaration DECLARATION OF VICKIE CLARK IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION

12/7/2020: Declaration (name extension) - Declaration DECLARATION OF VICKIE CLARK IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION

First Amended Standing Order - First Amended Standing Order

11/24/2020: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

11/25/2020: Summons - Summons on Complaint

Declaration (name extension) - Declaration DECLARATION OF STEVEN E. ERNEST RE: VENUE PURSUANT TO CALIFORNIA CIVIL CODE 2984.4

11/25/2020: Declaration (name extension) - Declaration DECLARATION OF STEVEN E. ERNEST RE: VENUE PURSUANT TO CALIFORNIA CIVIL CODE 2984.4

Civil Case Cover Sheet - Civil Case Cover Sheet

11/25/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/25/2020: Complaint - Complaint

10 More Documents Available

 

Docket Entries

  • 11/28/2023
  • Hearing11/28/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 05/24/2022
  • Hearing05/24/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/06/2021
  • DocketMinute Order (APPLICATION OF PLAINTIFF, ACAR LEASING LTD., FOR WRIT OF POSS...)

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  • 05/06/2021
  • DocketCertificate of Mailing for (APPLICATION OF PLAINTIFF, ACAR LEASING LTD., FOR WRIT OF POSS...) of 05/06/2021; Filed by: Clerk

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  • 05/06/2021
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 05/06/2021 at 01:30 PM in Stanley Mosk Courthouse at Department 82 updated: Result Date to 05/06/2021; Result Type to Held

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  • 03/17/2021
  • DocketUpdated -- Request for Dismissal AS TO DEFTS CARBON COLLISION CENTER AND CARBON AUTOMOTIVE, LLC ONLY: Name Extension: AS TO DEFTS CARBON COLLISION CENTER AND CARBON AUTOMOTIVE, LLC ONLY; As To Parties changed from Carbon Automotive LLC (Defendant), Carbon Collision Center (Defendant) to Carbon Collision Center (Defendant), Carbon Automotive LLC (Defendant)

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  • 03/08/2021
  • DocketOn the Complaint filed by ACAR LEASING LTD. on 11/24/2020, entered Request for Dismissal without prejudice filed by ACAR LEASING LTD. as to Carbon Collision Center and Carbon Automotive LLC

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  • 03/08/2021
  • DocketAddress for Steven E Ernest, (Attorney) null

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  • 02/22/2021
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: ACAR LEASING LTD. (Plaintiff); As to: EFREM MINASIAN (Defendant); Carbon Collision Center (Defendant); Carbon Automotive LLC (Defendant)

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  • 12/24/2020
  • DocketNotice of Preliminary Injunction; Filed by: ACAR LEASING LTD. (Plaintiff); As to: EFREM MINASIAN (Defendant); Carbon Collision Center (Defendant)

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22 More Docket Entries
  • 11/25/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 11/25/2020
  • DocketComplaint; Filed by: ACAR LEASING LTD. (Plaintiff); As to: EFREM MINASIAN (Defendant); Carbon Collision Center (Defendant); CARBON COLLISION CENTER (Non-Party)

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  • 11/25/2020
  • DocketDeclaration DECLARATION OF STEVEN E. ERNEST RE: VENUE PURSUANT TO CALIFORNIA CIVIL CODE 2984.4; Filed by: ACAR LEASING LTD. (Plaintiff); As to: EFREM MINASIAN (Defendant); CARBON COLLISION CENTER (Non-Party)

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  • 11/25/2020
  • DocketSummons on Complaint; Issued and Filed by: ACAR LEASING LTD. (Plaintiff); As to: EFREM MINASIAN (Defendant); CARBON COLLISION CENTER (Non-Party)

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  • 11/24/2020
  • DocketUpdated -- Complaint: Status Date changed from 11/25/2020 to 11/24/2020

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  • 11/24/2020
  • DocketUpdated -- Declaration DECLARATION OF STEVEN E. ERNEST RE: VENUE PURSUANT TO CALIFORNIA CIVIL CODE 2984.4: Status Date changed from 11/25/2020 to 11/24/2020

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  • 11/24/2020
  • DocketUpdated -- Summons on Complaint: Status Date changed from 11/25/2020 to 11/24/2020

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  • 11/24/2020
  • DocketUpdated -- Civil Case Cover Sheet: Status Date changed from 11/25/2020 to 11/24/2020

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  • 11/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC09858    Hearing Date: May 6, 2021    Dept: 82

Acar Leasing, Ltd., dba GM Financial Leasing Limited,

v.

Efrem Minasian, et al.

Judge Mary H. Strobel

Hearing: May 6, 2021

20STLC09858

Tentative Decision on Application for Writ of Possession

Plaintiff Acar Leasing Ltd., dba GM Financial Leasing Limited (“Plaintiff”) seeks a writ of possession against Defendant Efrem Minasian (“Defendant”) over the following property: 2019 Chevrolet Equinox, VIN 3GNAXHEVXKL125426 (the “Vehicle”).

Statement of the Case

According to the declaration of Vickie Clark, a Team Leader for the Plaintiff, Defendant entered into an Agreement relating to the “acquisition” of the Vehicle. Plaintiff claims it is the legal owner of the Vehicle. Defendant defaulted on the Agreement starting August 20, 2019 by failing to remit the payment due under the Agreement. Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle. (Clark Decl. ¶¶ 1-14.)

Procedural History

Plaintiff filed a complaint for possession of personal property and damages on November 24, 2020. Plaintiff filed the application for writ of possession on December 7, 2020.

No proof of service of the summons, complaint, and application for writ of possession on Defendant has been filed.

On December 23, 2020, the court (Department 26; Judge Simpson) granted Plaintiff’s OSC re: preliminary injunction related to the Vehicle. The order enjoins Defendant from transferring, encumbering, or disposing of the Vehicle.

On March 8, 2021, the court entered Plaintiff’s request for dismissal of Defendants Carbon Collision Center and Carbon Automotive, LLC.

No opposition to the application for writ of possession has been received.

Analysis

1. Notice

No proof of service of the summons, complaint, and application for writ of possession on Defendant has been filed. Accordingly, unless Plaintiff can submit proof of service by the time of the hearing, the application must be denied. (CCP § 515.010(a).)

2. Basis of Plaintiff’s Claim

Plaintiff seeks a writ of possession based on its claim for possession of personal property.

Plaintiff claims it is the legal owner of the Vehicle. Plaintiff attaches a copy of a certificate of title listing registered owners as “Acar Leasing LTD LSR” and “Minasian Efrem LSE.” The certificate also lists “Wells Fargo as CTL Agent” as lienholder. However, the Agreement attached Clark’s declaration, while barely legible, shows some entity other than Plaintiff entered into the Agreement with Defendant and leased the Vehicle to Defendant. The court cannot determine from the copy of the Agreement whether or when it was assigned to Plaintiff. (Clark Decl. ¶¶ 1-14, Exh. 1.) Clark does not otherwise explain Plaintiff’s interests in the Agreement.

The court also cannot read the full VIN from the Agreement or all relevant terms and conditions. (Ibid.)

Clark does not provide sufficient foundation for her claim that Defendant failed to make payments starting August 2019. It is unclear how she has personal knowledge related to Defendant’s payment history, given the lack of evidence as to whether and when Plaintiff was assigned or otherwise gained rights under the Agreement. (Id. ¶ 7.)

For these reasons, Plaintiff has not shown the probable validity of its claim.

3. Statutory Statements

Pursuant to Code of Civil Procedure section 512.010(b)(4)-(5), the application must include:

(4) A statement, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private place which may have to be entered to take possession, a showing that there is probable cause to believe that such property is located there.

(5) A statement that the property has not been taken for a tax, assessment, or fine, pursuant to a statute; or seized under an execution against the property of the plaintiff; or, if so seized, that it is by statute exempt from such seizure.

Because the application asks for an order permitting a levying officer to enter the Property and take possession of the Vehicle, Plaintiff must establish “probable cause” to believe that the Vehicle is located at the Property. (See CCP §§ 512.010(b)(4), 512.080.) Clark does not show personal knowledge of the location of the vehicle, but declares that Plaintiff’s agents spotted the Vehicle at an address for Defendant Carbon. Carbon been dismissed from this action. (Clark Decl. ¶ 12.) Clark does not provide any evidence about the current location of the Vehicle. The court finds insufficient probable cause to believe that the Vehicle is located at the stated address for Carbon.

The application also refers to a separate address at 610 East Union Street in Pasadena as a probable location for the Vehicle. A proof of service for the OSC re: PI shows that Defendant Minasian was served by mail at that address. However, Plaintiff submits no evidence that Minasian was personally served at that address or that the Vehicle is located there. Accordingly, the court finds insufficient probable cause to believe that the Vehicle is located at the stated address at 610 East Union Street.

Conclusion

The application for writ of possession is DENIED.

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