This case was last updated from Los Angeles County Superior Courts on 10/04/2020 at 07:07:46 (UTC).

ALLY FINANCIAL INC., A CORPORATION VS HUGO E. QUINTANA

Case Summary

On 01/08/2020 ALLY FINANCIAL INC , A CORPORATION filed a Contract - Debt Collection lawsuit against HUGO E QUINTANA. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0189

  • Filing Date:

    01/08/2020

  • Case Status:

    Other

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ALLY FINANCIAL INC. A CORPORATION

Defendant

QUINTANA HUGO E. AKA HUGO QUINTANA AN INDIVIDUAL

Attorney/Law Firm Details

Plaintiff Attorneys

VANLOCHEM MICHAEL D.

KRUGLIAK BENTZION D.

 

Court Documents

Request for Dismissal - Request for Dismissal

9/24/2020: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice of Continuance

9/9/2020: Notice (name extension) - Notice of Continuance

Certificate of Mailing for - Certificate of Mailing for (COURT ORDER) of 05/12/2020

5/12/2020: Certificate of Mailing for - Certificate of Mailing for (COURT ORDER) of 05/12/2020

Minute Order - Minute Order (COURT ORDER)

5/12/2020: Minute Order - Minute Order (COURT ORDER)

Notice (name extension) - Notice of Continuance

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

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

7/20/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Minute Order - Minute Order (APPLICATION OF PLAINTIFF, ALLY FINANCIAL, INC., FOR WRIT OF P...)

9/1/2020: Minute Order - Minute Order (APPLICATION OF PLAINTIFF, ALLY FINANCIAL, INC., FOR WRIT OF P...)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/13/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

2/13/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

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

2/13/2020: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

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

1/8/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

1/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

1/8/2020: Summons - Summons on Complaint

Complaint - Complaint

1/8/2020: Complaint - Complaint

2 More Documents Available

 

Docket Entries

  • 09/29/2020
  • DocketNon-Jury Trial scheduled for 07/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/29/2020

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  • 09/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/11/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/29/2020

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  • 09/28/2020
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 10/13/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 82 Not Held - Vacated by Court on 09/28/2020

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  • 09/24/2020
  • DocketOn the Complaint filed by Ally Financial Inc., a corporation on 01/08/2020, entered Request for Dismissal without prejudice filed by Ally Financial Inc., a corporation as to the entire action

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  • 09/24/2020
  • DocketAddress for Bentzion D. Krugliak (Attorney) updated

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  • 09/09/2020
  • DocketNotice of Continuance; Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Hugo E. Quintana (Defendant)

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  • 09/01/2020
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 10/13/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 82

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  • 09/01/2020
  • DocketMinute Order (APPLICATION OF PLAINTIFF, ALLY FINANCIAL, INC., FOR WRIT OF P...)

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  • 09/01/2020
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 09/01/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 82 updated: Result Date to 09/01/2020; Result Type to Held

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  • 08/31/2020
  • DocketUpdated -- Bentzion D. Krugliak (Attorney): First Name changed from Michael to Bentzion; Last Name changed from Vanlochem to Krugliak

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7 More Docket Entries
  • 02/13/2020
  • DocketMemorandum of Points & Authorities; Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 02/13/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 02/13/2020
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 01/08/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/08/2020
  • DocketSummons on Complaint; Issued and Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Hugo E. Quintana (Defendant)

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  • 01/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Hugo E. Quintana (Defendant)

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  • 01/08/2020
  • DocketComplaint; Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Hugo E. Quintana (Defendant)

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  • 01/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/11/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/08/2020
  • DocketNon-Jury Trial scheduled for 07/07/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/08/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 20STLC00189    Hearing Date: September 01, 2020    Dept: 82

Ally Financial, Inc.

v.

Hugo E. Quintana,

Judge Mary Strobel

Hearing: September 1, 2020

20STLC00189

Tentative Decision on Application for Writ of Possession : DENIED

Plaintiff Ally Financial, Inc. (“Plaintiff”) seeks a writ of possession against Defendant Hugo E. Quintana (“Defendant”) over the following property: 2015 Chevrolet Camaro, motor vehicle, Vehicle Identification Number 2G1FD1E32F9218097 (“Vehicle”).

Statement of the Case

According to Blong Vang, a replevin specialist and authorized representative for Plaintiff, Defendant entered into an Agreement regarding purchase of the Vehicle on or about July 11, 2015. Defendant failed to make payments required by the Agreement starting July 26, 2019. Defendant is in default under the Agreement, and Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle. (Vang Decl. ¶¶ 5-6, Exh. A-D.)

Procedural History

Plaintiff filed its complaint on January 8, 2020. Plaintiff filed its application for writ of possession on February 13, 2020.

On May 12, 2020, based on conditions and orders related to the spread of Covid-19, the court continued the hearing on the application for writ of possession to September 1, 2020.

On July 6, 2020, Plaintiff sub-served Defendant with the summons, complaint, application for writ of possession, notice of hearing, and notice of continuance.

No opposition has been received.

Summary of 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.” (CCP, § 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 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. (Id., § 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.” (Id., § 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.” (Id., § 511.090.)

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.” (Id., § 515.010, subd. (a).)

Analysis

1. Notice

Notice is adequate as stated above.

2. Basis of Plaintiff’s Claim

Plaintiff seeks a writ of possession based on its claim for claim and delivery. Vang represents that Plaintiff is the owner of the Agreement pursuant to an assignment. (Vang Decl. ¶ 5, Exh A.) The Agreement appears to show an assignment to “GM Financial” from the seller on or about July 11, 2015, when the Agreement was executed. (Ibid.) Attached to the Agreement is an “Assignment of Retail Installment Sale Contract,” which states that GM Financial assigned its interest in the Agreement to Plaintiff on January 27, 2020. This Assignment was notarized by “Blong Nikki Vang,” and was also signed by an authorized representative of GM Financial. (Ibid.)

Thus the documents show Plaintiff Ally acquired the contract after Defendant was allegedly in default. The records do not show any payment being made by Defendant directly to Plaintiff. As such, Vang has no personal knowledge from which he could authenticate the Agreement, or the payment history to GM Financial. These are not Ally’s business records. A representative of GM might be able to authenticate the documents as business records, but Plaintiff has not provided a declaration from any GM custodian of records. Further, since there is no proof Defendant ever made any payment directly to Ally, Defendant has not admitted the authenticity of the Agreement or his alleged debt.

Based on the foregoing, Plaintiff has not shown a probable validity of its claim. The application is denied.

Conclusion

The application is DENIED.