This case was last updated from Los Angeles County Superior Courts on 10/03/2021 at 03:05:22 (UTC).

ALLY FINANCIAL INC., A CORPORATION VS MARIEM BARKET, AN INDIVIDUAL

Case Summary

On 02/18/2020 ALLY FINANCIAL INC , A CORPORATION filed a Contract - Debt Collection lawsuit against MARIEM BARKET, 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 SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1630

  • Filing Date:

    02/18/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ALLY FINANCIAL INC. A CORPORATION

Defendant

BARKET AN INDIVIDUAL MARIEM

Attorney/Law Firm Details

Plaintiff Attorneys

KRUGLIAK BENTZION D.

VANLOCHEM MICHAEL D.

 

Court Documents

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

10/9/2020: Notice of Application for Writ of Possession and Hearing (Claim and Delivery) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

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

10/9/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/14/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

10/23/2020: 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...)

3/30/2021: Minute Order - Minute Order (APPLICATION OF PLAINTIFF, ALLY FINANCIAL, INC., FOR WRIT OF P...)

Notice of Ruling - Notice of Ruling

4/2/2021: Notice of Ruling - Notice of Ruling

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

5/3/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

5/3/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

5/3/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Memorandum (name extension) - Memorandum Deficiency Memo

5/3/2021: Memorandum (name extension) - Memorandum Deficiency Memo

Request for Dismissal - Request for Dismissal

5/3/2021: Request for Dismissal - Request for Dismissal

Judgment - Judgment Judgment

5/19/2021: Judgment - Judgment Judgment

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

6/2/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Complaint - Complaint

2/18/2020: Complaint - Complaint

Summons - Summons on Complaint

2/18/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/18/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 06/02/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Ally Financial Inc., a corporation (Plaintiff)

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  • 05/19/2021
  • DocketDefault judgment by Court entered for Plaintiff Ally Financial Inc., a corporation against Defendant Mariem Barket, an individual on the Complaint filed by Ally Financial Inc., a corporation on 02/18/2020 for damages of $20,209.51, attorney fees of $996.28, and costs of $525.00 for a total of $21,730.79.; Other: See court order for terms and conditions of the judgment.

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  • 05/19/2021
  • DocketJudgment Judgment; Signed and Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Mariem Barket, an individual (Defendant)

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  • 05/19/2021
  • DocketUpdated -- Judgment Judgment: As To Parties changed from Mariem Barket, an individual (Defendant) to Mariem Barket, an individual (Defendant)

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  • 05/19/2021
  • DocketNon-Jury Trial scheduled for 08/17/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/19/2021

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  • 05/19/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/19/2021

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  • 05/03/2021
  • DocketRequest for Dismissal; Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 05/03/2021
  • DocketMemorandum Deficiency Memo; Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 05/03/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Mariem Barket, an individual (Defendant)

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  • 05/03/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Ally Financial Inc., a corporation (Plaintiff)

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11 More Docket Entries
  • 10/14/2020
  • DocketMemorandum of Points & Authorities; Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 10/09/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: Ally Financial Inc., a corporation (Plaintiff)

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  • 10/09/2020
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Mariem Barket, an individual (Defendant)

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  • 02/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 02/20/2020
  • DocketNon-Jury Trial scheduled for 08/17/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 02/20/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/18/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/18/2020
  • DocketSummons on Complaint; Issued and Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Mariem Barket, an individual (Defendant)

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  • 02/18/2020
  • DocketCivil Case Cover Sheet; Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Mariem Barket, an individual (Defendant)

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  • 02/18/2020
  • DocketComplaint; Filed by: Ally Financial Inc., a corporation (Plaintiff); As to: Mariem Barket, an individual (Defendant)

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Tentative Rulings

Case Number: 20STLC01630    Hearing Date: March 30, 2021    Dept: 82

Ally Financial, Inc..,

v.

Mariem Barket.,

Judge Mary Strobel

Hearing: March 30, 2021

20STLC01630

Tentative Decision on Application for Writ of Possession: GRANTED

Plaintiff Ally Financial Inc. (“Plaintiff”) seeks a writ of possession against Defendant Mariem Barket (“Defendant”) over a 2014 Lexus CT 200H, VIN No. JTHKD5BHOE1938886 (“Vehicle”).

Statement of the Case

According to Tania Taylor, Replevin Specialist for Plaintiff, Plaintiff is assignee of a contract pursuant to which Defendant entered into a contract to purchase the Vehicle. Taylor declares that Defendant has defaulted under the Agreement and presently owes $20, 209.51. Plaintiff seeks possession of the Vehicle after making an unsuccessful demand to Defendant to surrender the Vehicle. (Taylor Decl. ¶¶ 5-6.)

Procedural History

Plaintiff filed its verified complaint on February 18, 2020. Plaintiff filed its application for writ of possession on October 9, 2020.

On October 23, 2020, Plaintiff filed proof of service by substitute service, on October 8, 2020, of the summons, complaint, notice of hearing, and writ of possession papers on Defendant. The declaration of diligence attached to the proof of service states that Defendant’s mother, a co occupant of 7020 Lanewood Ave. #210 Hollywood, CA 90028, accepted legal documents, and that “subject’s daughter (15 yrs old) translated the nature of the documents to her grandmother.”

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 appears adequate as described above.

2. Basis of Plaintiff’s Claim

Plaintiff seeks a writ of possession based on its claims for claim and delivery, and money due on a contract. According to the Retail Installment Sale Contract attached as Exhibit 1 to the Taylor declaration, Defendant entered into an Agreement regarding purchase of the Vehicle on or about August 25, 2016. Taylor declares that Defendant has defaulted under the Agreement by failing to make the payment due on 09/09/2019, or any payments after that. Taylor declares Plaintiff owes $20,209.51, “together with other charges as provided in said Contract.” Taylor attaches a copy of the payment history, showing payments starting in October 2016, and ending on 8/9/19. Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicles. (Taylo Decl. ¶¶ 5, 6, Exh. D.)

While Plaintiff is not an original party to the purchase and sale agreement, Taylor declares the contract was assigned to Plaintiff. The application does not contain a copy of the assignment. However, a Certificate of Title, with a 10/12/17 issue date, is attached as an exhibit to the Taylor declaration, listing Plaintiff as the lienholder. Further, the payment history shows payments made after this date, presumably to Plaintiff.

No opposition has been filed to rebut any of this evidence. The court finds the evidence is sufficient to support a probably valid claim against Defendant.

3. Wrongful Detention

Pursuant to Code of Civil Procedure section 512.010, subdivision (b)(2), the application must include “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.”

For the reasons discussed above, Plaintiff has made a sufficient showing Defendant is wrongfully detaining the Vehicle.

4. Description and Value of Property

Pursuant to Code of Civil Procedure section 512.010, subdivision (b)(3), the application must include a particular description of the property and a statement of its value.

Plaintiff has provided a particular description of the property, by make, model, and VIN number. Plaintiff has also given a statement as to value. (Taylor Decl. ¶8, and attached NADA report.) Plaintiff satisfies section 512.010, subdivision (b)(3).

5. Statutory Statements

Pursuant to Code of Civil Procedure section 512.010, subdivision (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.

Plaintiff has provided a statement that the property has not been taken for a tax, assessment, or fine, pursuant to statute and has not been seized under an execution against the Plaintiff’s property.

Because the application asks for an order permitting a levying officer to enter the Property and take possession of the Vehicles, Plaintiff must establish “probable cause” to believe that the Vehicle is located at the Property. (See CCP §§ 512.010, subd. (b)(4), 512.080.)

Taylor declares: “The file of Plaintiff reflects that defendant Mariem Barket resides at 7020 Lanewood Ave., Apt. 210, Hollywood, CA 90028. … [T]o the best of my knowledge, information and belief, the current location of the subject motor vehicle is as follows: 7020 Lanewood Ave., Apt. 210, Hollywood, CA 90028. While this statement on information and belief may not be sufficient alone to show probable cause regarding the location of the Vehicle, the proof of service indicates Defendant’s mother accepted service of the complaint at this address, and defendant’s daughter was also present at that location.

Considering all the evidence, the court finds sufficient probable cause to believe that Defendant has possession of the Vehicle at 7020 Lanewood Ave., Holloywood, CA 90028. The court does not include the apartment number, as presumably the vehicle is kept outside of the apartment.

6. Undertaking

Code of Civil Procedure section 515.010 requires an undertaking to be filed before the writ issues in the amount of “not less than twice the value of the defendant’s interest in the property.” Plaintiff provides evidence that the amount owing on the Vehicle exceeds its market value. Thus, no undertaking is required.

Conclusion

The application is GRANTED.

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