This case was last updated from Los Angeles County Superior Courts on 04/28/2020 at 22:07:17 (UTC).

ALLEGIANT PARTNERS INCORPORATED, A CORPORATION VS MANUEL MEDRANO

Case Summary

On 12/11/2019 ALLEGIANT PARTNERS INCORPORATED, A CORPORATION filed a Contract - Other Contract lawsuit against MANUEL MEDRANO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1296

  • Filing Date:

    12/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ALLEGIANT PARTNERS INCORPORATED A CORPORATION

Defendant

MEDRANO MANUEL DBA GOLDEN SWAN TOWING

Attorney/Law Firm Details

Plaintiff Attorney

RIDER PORTER MARTINA

 

Court Documents

Order (name extension) - Order Granting Application for Writ of Possession

2/21/2020: Order (name extension) - Order Granting Application for Writ of Possession

Order for Writ of Possession (Claim and Delivery) - Order for Writ of Possession (Claim and Delivery)

2/21/2020: Order for Writ of Possession (Claim and Delivery) - Order for Writ of Possession (Claim and Delivery)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/24/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Ruling - Notice of Ruling

2/24/2020: Notice of Ruling - Notice of Ruling

Proof of Personal Service - Proof of Personal Service

2/13/2020: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Hearing on Application for Writ of Possession (CCP 512.010))

2/21/2020: Minute Order - Minute Order (Hearing on Application for Writ of Possession (CCP 512.010))

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/13/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

12/13/2019: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Declaration (name extension) - Declaration of David Jueschke in Support of Plaintiff's Application for Writ of Possession

12/13/2019: Declaration (name extension) - Declaration of David Jueschke in Support of Plaintiff's Application for Writ of Possession

Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

12/13/2019: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Civil Case Cover Sheet - Civil Case Cover Sheet

12/11/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

12/11/2019: Summons - Summons on Complaint

Complaint - Complaint

12/11/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

12/11/2019: First Amended Standing Order - First Amended Standing Order

3 More Documents Available

 

Docket Entries

  • 12/14/2022
  • Hearing12/14/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/09/2021
  • Hearing06/09/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/24/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff); As to: MANUEL MEDRANO (Defendant)

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  • 02/24/2020
  • DocketNotice of Ruling; Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff)

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  • 02/24/2020
  • DocketDefault entered as to MANUEL MEDRANO; On the Complaint filed by ALLEGIANT PARTNERS INCORPORATED, a corporation on 12/11/2019

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  • 02/21/2020
  • DocketOrder Granting Application for Writ of Possession; Filed by: Clerk

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  • 02/21/2020
  • DocketOrder for Writ of Possession (Claim and Delivery); Filed by:

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  • 02/21/2020
  • DocketMinute Order (Hearing on Application for Writ of Possession (CCP 512.010))

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  • 02/21/2020
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 02/21/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 86 updated: Result Date to 02/21/2020; Result Type to Held - Motion Granted

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  • 02/13/2020
  • DocketProof of Personal Service; Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff); As to: MANUEL MEDRANO (Defendant); Service Date: 01/22/2020; Service Cost: 63.50; Service Cost Waived: No

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2 More Docket Entries
  • 12/13/2019
  • DocketMemorandum of Points & Authorities; Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff)

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  • 12/13/2019
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff); As to: MANUEL MEDRANO (Defendant)

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  • 12/11/2019
  • DocketNon-Jury Trial scheduled for 06/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketSummons on Complaint; Issued and Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff); As to: MANUEL MEDRANO (Defendant)

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  • 12/11/2019
  • DocketComplaint; Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff); As to: MANUEL MEDRANO (Defendant)

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  • 12/11/2019
  • DocketCivil Case Cover Sheet; Filed by: ALLEGIANT PARTNERS INCORPORATED, a corporation (Plaintiff); As to: MANUEL MEDRANO (Defendant)

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  • 12/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC11296    Hearing Date: February 21, 2020    Dept: 86

Plaintiff, Allegiant Partners Incorporated, seeks a writ of possession against Defendant, Manuel Merdao in his individual capacity and doing business as Golden Swan Towing, over the following property: a 2012 Dodge Ram truck (VIN 3C7WDMDL7CG128166). Defendant has not submitted an opposition.

The application for writ of possession is granted.

APPLICABLE LAW

“Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).)

Pursuant to Code of Civil Procedure section 512.010, subdivision (b), the application must be submitted under oath and include:

“(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached.

(2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best knowledge, information, and belief of the plaintiff, of the reason for the detention.

(3) A particular description of the property and a statement of its value.

(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.”

Before the hearing on the Application for Writ of Possession, the Defendant must be served with (1) a copy of the summons and complaint; (2) a Notice of Application and Hearing; and (3) a copy of the application and any affidavit in support thereof. (Code Civ. Proc. § 512.030.)

“The writ will be issued if the court finds that the plaintiff's claim is probably valid and the other requirements for issuing the writ are established.” (Code Civ. Proc. § 512.040, subd. (b).) “A claim has ‘probable validity’ where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (Code Civ. Proc. § 511.090.) “If the defendant desires to oppose the issuance of the writ, he shall file with the court either an affidavit providing evidence sufficient to defeat the plaintiff's right to issuance of the writ or an undertaking to stay the delivery of the property in accordance with Section 515.020.” (Code Civ. Proc. § 512.040, subd. (c).)

Prior to the issuance of a writ of possession, the plaintiff must file an undertaking “in an amount not less than twice the value of the defendant's interest in the property or in a greater amount.” (Code Civ. Proc. § 515.010, subd. (a).) “The value of the defendant's interest in the property is determined by the market value of the property less the amount due and owing on any conditional sales contract or security agreement and all liens and encumbrances on the property, and any other factors necessary to determine the defendant's interest in the property.” (Id.) “If the court finds that the defendant has no interest in the property, the court shall waive the requirement of the plaintiff's undertaking and shall include in the order for issuance of the writ the amount of the defendant's undertaking sufficient to satisfy the requirements of subdivision (b) of Section 515.020.” (Code Civ. Proc. § 515.010, subd. (b).)

ANALYSIS

Probable Validity of its Claim

A plaintiff seeking a writ of possession must make a showing that “the plaintiff is entitled to possession of the property claimed.” (Code Civ. Proc. § 512.010, subd. (b).) “The writ will be issued if the court finds that the plaintiff's claim is probably valid and the other requirements for issuing the writ are established.” (Code Civ. Proc. § 512.040.)

Here, Plaintiff submits the declaration of David Jueschke, Vice President of Portfolio Servicing with Plaintiff, in support of this application for a writ of possession. The evidence shows that Plaintiff, on the one hand, and Defendant, on the other, entered into an Equipment Finance Agreement (Agreement) for the vehicle. (Jueschke Decl., ¶ 4, Ex. 1.)

Pursuant to the Agreement, Defendant agreed to make one payment of $12,000 and 59 monthly payments in the amount of $731.94. (Jueschke Decl., ¶ 5.) However, Defendant defaulted by failing to make the payment due on August 10, 2019, or any monthly payment thereafter. (Jueschke Decl., ¶ 7.) As such, Plaintiff represents $23,339.28 is owed on the contract as the unpaid principal balance. (Jueschke Decl., ¶ 8.)

The Agreement provides a default occurs under it when the debtor fails to make any payment due under it. ((Jueschke Decl., Exh. 1 ¶ 15.) The Agreement also provides upon default Plaintiff may immediately take possession of the vehicle. (Jueschke Decl., Exh. 1 ¶ 16.)

The court finds that Plaintiff has shown a probable validity of its claim against Defendant.

Plaintiff Submits Evidence Showing the Vehicle’s Probable Location

A plaintiff seeking a writ of possession over property located “within a private place which may have to be entered to take possession,” must “sho[w] that there is probable cause to believe that such property is located there.” (Code Civ. Proc. §§ 512.010, subd. (b)(4), 512.080; see also Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 242-43.)

Plaintiff submits evidence demonstrating a probable cause to believe that the Vehicle is currently in the possession of Defendant at his business, located at: 1437 W. 90th Street, Los Angeles, CA 90047. (Jueschke Decl., ¶¶ 19-20.)

Plaintiff Has Established All Requirements for Issuance of a Writ

Pursuant to Code of Civil Procedure section 512.010, Plaintiff has (1) shown it is entitled to possession of the Vehicle; (2) shown that the Vehicle is wrongfully detained by Defendant; (3) described the Vehicle and stated that the value of the Vehicle is $28,000; (4) submitted evidence that the Vehicle is located at 1437 W. 90th Street, Los Angeles, CA 90047; and (5) declared that the property has not been taken for a tax, assessment or fine or seized under execution (Form CD-100 ¶ 8).

CONCLUSION

For the foregoing reasons, the court will grant Plaintiff’s application for a writ of possession upon the filing of an undertaking. [1]


[1] Plaintiff submits evidence Defendant owes $25,556.45 on the contract while the vehicle is worth $28,000. (Jueschke Decl., ¶¶ 16-17.) Because Defendant has an interest in the Vehicle, Plaintiff is required to submit an undertaking in the amount of $4,887.10. (Code Civ. Proc. § 515.010, subd. (b).) Also, Defendant may prevent Plaintiff from taking possession of the vehicle by filing with the court an undertaking in the amount of $25,556.45, which is the current balance owed on the contract. (Code Civ. Proc. § 515.020, subd. (a).)