This case was last updated from Los Angeles County Superior Courts on 10/23/2020 at 01:38:42 (UTC).

ALLY BANK, A CORPORATION VS PAULINA ESQUIVEL, AN INDIVIDUAL

Case Summary

On 02/13/2020 ALLY BANK, A CORPORATION filed a Contract - Debt Collection lawsuit against PAULINA ESQUIVEL, AN INDIVIDUAL. 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:

    *******1477

  • Filing Date:

    02/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ALLY BANK A CORPORATION

Defendant

ESQUIVEL AN INDIVIDUAL PAULINA

Attorney/Law Firm Details

Plaintiff Attorney

BURSTEIN ARDEN D.

 

Court Documents

Notice (name extension) - Notice of Continuance

8/26/2020: Notice (name extension) - Notice of Continuance

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

10/21/2020: Minute Order - Minute Order (Hearing on Application for Writ of Possession (CCP 512.010))

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

8/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

8/6/2020: Request for Dismissal - Request for Dismissal

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

8/6/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Appearance - Notice of Appearance

8/12/2020: Notice of Appearance - Notice of Appearance

Notice (name extension) - Notice of Continuance

5/29/2020: Notice (name extension) - Notice of Continuance

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/30/2020

4/30/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/30/2020

Minute Order - Minute Order (Court Order)

4/30/2020: Minute Order - Minute Order (Court Order)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/30/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

3/12/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

3/12/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

3/12/2020: 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

2/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

2/13/2020: Summons - Summons on Complaint

Complaint - Complaint

2/13/2020: Complaint - Complaint

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

2/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 02/16/2023
  • Hearing02/16/2023 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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  • 08/12/2021
  • Hearing08/12/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/21/2020
  • DocketOrder Granting the Application For Writ of Possession; Filed by: Clerk

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  • 10/21/2020
  • DocketMinute Order (Hearing on Application for Writ of Possession (CCP 512.010))

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  • 10/21/2020
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 10/21/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 86 updated: Result Date to 10/21/2020; Result Type to Held

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  • 08/26/2020
  • DocketNotice of Continuance; Filed by: Ally Bank, a corporation (Plaintiff); As to: Paulina Esquivel, an individual (Defendant)

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  • 08/12/2020
  • DocketNotice of Appearance; Filed by: Ally Bank, a corporation (Plaintiff)

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  • 08/06/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Ally Bank, a corporation (Plaintiff); As to: Paulina Esquivel, an individual (Defendant)

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  • 08/06/2020
  • DocketRequest for Dismissal; Filed by: Ally Bank, a corporation (Plaintiff)

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  • 08/06/2020
  • DocketDefault entered as to Paulina Esquivel, an individual; On the Complaint filed by Ally Bank, a corporation on 02/13/2020

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10 More Docket Entries
  • 03/12/2020
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: Ally Bank, a corporation (Plaintiff)

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  • 03/12/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: Ally Bank, a corporation (Plaintiff)

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  • 03/12/2020
  • DocketMemorandum of Points & Authorities; Filed by: Ally Bank, a corporation (Plaintiff)

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  • 02/18/2020
  • DocketNon-Jury Trial scheduled for 08/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/16/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/18/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/13/2020
  • DocketComplaint; Filed by: Ally Bank, a corporation (Plaintiff); As to: Paulina Esquivel, an individual (Defendant)

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  • 02/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Ally Bank, a corporation (Plaintiff); As to: Paulina Esquivel, an individual (Defendant)

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  • 02/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Ally Bank, a corporation (Plaintiff); As to: Paulina Esquivel, an individual (Defendant)

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  • 02/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01477    Hearing Date: October 21, 2020    Dept: 86

ALLY FINANCIAL, INC. v. ESQUIVEL

Case Number: 20STLC01477

Hearing Date: October 21, 2020

[Tentative] ORDER DENYING THE APPLICATION FOR WRIT OF POSSESSION


Plaintiff, Ally Financial, Inc., seeks a writ of possession against Defendant, Paulina Esquivel, over the following property: 2017 Nissan Sentra (VIN 3N1AB7AP4HY374778) (the Vehicle). Defendant has not submitted an opposition.

The application for writ of possession is denied. The evidence before the court demonstrates the security interest in the Vehicle was assigned from the seller, Puente Hills Nissan, to Ally Bank. There is no evidence before the court Ally Bank assigned its security interest to Ally Financial, Inc.

The court will consider any documentation/evidence submitted prior to the hearing to establish the link between Ally Financial, Inc. and Ally Bank. While the names of the entities are similar, the court cannot make the evidentiary leap—on this record—Ally Financial, Inc. and Ally Bank are the same entity. (The court cannot determine from the payment history provided whether Defendant paid its loan obligation to Ally Financial, Inc. or Ally Bank.)

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 a 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.” (Ibid.) “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 Blong Vang, a Replevin Specialist with Plaintiff (not Ally Bank) in support of this application for a writ of possession. The evidence demonstrates the seller of the Vehicle (Puente Hills Nissan), on the one hand, and Defendant, on the other hand, entered into a sales agreement for the Vehicle. (Vang Decl., ¶ 5, Ex. A.) Pursuant to the sales agreement, Defendant agreed to make monthly payments in the amount of $453.14. (Vang Decl., ¶ 6.) However, Defendant defaulted by failing to make the payment due on September 14, 2019, or any monthly payment thereafter. (Vang Decl., ¶ 6.) As of February 6, 2019, Vang represents $19,276.94 is owed on the contract. (Vang Decl., ¶ 6.)

The court Plaintiff has shown a probable validity of its claim only if there is some link (provided through admissible evidence) between Ally Bank and Ally Financial, Inc.

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 her residence located at: 9609 Homebrook St., Pico Rivera, CA 90660. (Vang Decl., ¶ 10.)

Plaintiff Has Not Established All Requirements for Issuance of a Writ

Pursuant to Code of Civil Procedure section 512.010, Plaintiff has not shown it is entitled to possession of the Vehicle (again, the link between Ally Bank and Ally Financial, Inc. is missing). Plaintiff has, however, (1) shown the Vehicle is wrongfully detained by Defendant; (2) described the Vehicle and stated the value of the Vehicle is between $8,850 and $12,100; (3) submitted evidence the Vehicle is located at 9609 Homebrook St., Pico Rivera, CA 90660; and (5) declared the Vehicle has not been taken for a tax, assessment or fine or seized under execution (Form CD-100 ¶ 8).

CONCLUSION

For the foregoing reasons, Plaintiff’s application for a writ of possession is denied. [1]

IT IS SO ORDERED.

October 21, 2020 ________________________________

Hon. Mitchell Beckloff

Judge of the Superior Court


[1] Plaintiff submits evidence that Defendant owes $19,276.94 on the contract while the Vehicle is worth only $8,850 wholesale and $12,100 retail. (Vang Decl., ¶¶ 6-7.) As Defendant has no potential interest in the Vehicle, Plaintiff is not required to submit an undertaking. (Code Civ. Proc. § 515.010, subd. (b).) Defendant may prevent Plaintiff from taking possession of the Vehicle by filing with the Court an undertaking in the amount of $19,276.94, the current balance owed on the Vehicle. (Code Civ. Proc. § 515.020, subd. (a).)