This case was last updated from Los Angeles County Superior Courts on 04/29/2021 at 00:58:33 (UTC).

AMERICAN CREDIT ACCEPTANCE, LLC VS ALEX LEAHY, ET AL.

Case Summary

On 10/26/2020 AMERICAN CREDIT ACCEPTANCE, LLC filed a Contract - Other Contract lawsuit against ALEX LEAHY. 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:

    *******9019

  • Filing Date:

    10/26/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

AMERICAN CREDIT ACCEPTANCE LLC

Defendants

LEAHY JOHN

LEAHY ALEX

Attorney/Law Firm Details

Plaintiff Attorney

HAGOPIAN SHANT HAROUT

 

Court Documents

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

4/21/2021: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

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

4/21/2021: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Order for Writ of Possession (Claim and Delivery) - Order for Writ of Possession (Claim and Delivery) AS TO DEFT ALEX LEAHY

4/27/2021: Order for Writ of Possession (Claim and Delivery) - Order for Writ of Possession (Claim and Delivery) AS TO DEFT ALEX LEAHY

Minute Order - Minute Order (APPLICATION OF PLAINTIFF, AMERICAN CREDIT ACCEPTANCE, FOR WRI...)

4/27/2021: Minute Order - Minute Order (APPLICATION OF PLAINTIFF, AMERICAN CREDIT ACCEPTANCE, FOR WRI...)

Writ of (name extension) - Writ of Possession

4/27/2021: Writ of (name extension) - Writ of Possession

Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

4/27/2021: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

Notice of Ruling - Notice of Ruling

4/27/2021: Notice of Ruling - Notice of Ruling

Order for Writ of Possession (Claim and Delivery) - Order for Writ of Possession (Claim and Delivery) AS TO DEFT JOHN LEAHY

4/27/2021: Order for Writ of Possession (Claim and Delivery) - Order for Writ of Possession (Claim and Delivery) AS TO DEFT JOHN LEAHY

Proof of Personal Service - Proof of Personal Service

2/17/2021: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

2/17/2021: Proof of Personal Service - Proof of Personal Service

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

11/9/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

11/9/2020: Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

Notice (name extension) - Notice of Application for Writ of Possession

11/9/2020: Notice (name extension) - Notice of Application for Writ of Possession

Complaint - Complaint

10/26/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/26/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

10/26/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

10/26/2020: First Amended Standing Order - First Amended Standing Order

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

10/26/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 10/30/2023
  • Hearing10/30/2023 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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  • 04/25/2022
  • Hearing04/25/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/27/2021
  • DocketOrder for Writ of Possession (Claim and Delivery) AS TO DEFT JOHN LEAHY; Filed by:

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  • 04/27/2021
  • DocketOrder for Writ of Possession (Claim and Delivery) AS TO DEFT ALEX LEAHY; Filed by:

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  • 04/27/2021
  • DocketNotice of Ruling; Filed by: American Credit Acceptance, LLC (Plaintiff)

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  • 04/27/2021
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: American Credit Acceptance, LLC (Plaintiff)

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  • 04/27/2021
  • DocketWrit of Possession; Issued by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant); John Leahy (Defendant)

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  • 04/27/2021
  • DocketMinute Order (APPLICATION OF PLAINTIFF, AMERICAN CREDIT ACCEPTANCE, FOR WRI...)

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  • 04/27/2021
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 04/27/2021 at 09:30 AM in Stanley Mosk Courthouse at Department 82 updated: Result Date to 04/27/2021; Result Type to Held

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  • 04/21/2021
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant)

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5 More Docket Entries
  • 11/09/2020
  • DocketNotice of Application for Writ of Possession; Filed by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant); John Leahy (Defendant)

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  • 11/09/2020
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant); John Leahy (Defendant)

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  • 10/26/2020
  • DocketNon-Jury Trial scheduled for 04/25/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/26/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/30/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/26/2020
  • DocketComplaint; Filed by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant); John Leahy (Defendant)

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  • 10/26/2020
  • DocketCivil Case Cover Sheet; Filed by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant); John Leahy (Defendant)

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  • 10/26/2020
  • DocketSummons on Complaint; Issued and Filed by: American Credit Acceptance, LLC (Plaintiff); As to: Alex Leahy (Defendant); John Leahy (Defendant)

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  • 10/26/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/26/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/26/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC09019    Hearing Date: April 27, 2021    Dept: 82

American Credit Acceptance, LLC,

v.

Alex Leahy, et al.,

Judge Mary H. Strobel

Hearing: April 27, 2021

20STLC09019

Tentative Decision on Application for Writ of Possession

Plaintiff American Credit Acceptance, LLC (“Plaintiff”) seeks a writ of possession against Defendants Alex Leahy and John Leahy (“Defendants”) over the following property: 2014 BMW 4 Series, VIN: WBA3 R1C5 2EK1 9092 6 (the “Vehicle”).

Statement of the Case

According to the declaration of Patricia Lawter, Loss Mitigation Manger for the Plaintiff, Defendants entered into an Agreement with Plaintiff’s predecessor in interest (“Dealer”) regarding purchase of the Vehicle on or about February 22, 2018. The Dealer assigned the Agreement to Plaintiff. Defendants defaulted on the Agreement starting August 2019 by failing to remit the regular monthly loan payment. Plaintiff seeks possession of the Vehicle after making demand for Defendants to surrender the Vehicle. (Lawter Decl. ¶¶ 5-11).

Procedural History

Plaintiff filed a complaint for possession of personal property and damages on October 26, 2020. Plaintiff filed the application for writ of possession on November 9, 2020. On February 17, 2021, Plaintiff filed proofs of service showing personal service on Defendants of the summons and complaint, notice of application, and application for writ of possession on December 1, 2020. No opposition was received.

On April 21, 2021, Plaintiff filed amended applications for writ of possession and amended proposed orders. Plaintiff does not specify how the applications or proposed orders were amended, but it appears Plaintiff may have simply filed an amended application and proposed order for each Defendant, as opposed to the originally filed joint application and joint proposed order. There is no proof of service for the amended applications. Plaintiff’s counsel should explain at the hearing why amended applications were filed, and whether or not they were served. Because there appears to be no material change in the amended applications and also no proof of service, the court is tentatively inclined to disregard the amended applications.

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(a).)

Pursuant to Code of Civil Procedure section 512.010(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. (CCP § 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.” (CCP § 512.040(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.” (CCP § 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.” (CCP § 515.010(a).)

Analysis

1. Notice

Notice appears proper as stated above.

2. Basis of Plaintiff’s Claim

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

Plaintiff submits sufficient evidence, in the Lawter declaration and attached exhibits, that the Dealer assigned the Agreement to Plaintiff on or about February 22, 2018, the same date Defendants entered the Agreement. (See Lawter Decl. ¶ 6, Exh. 1, bottom of first page; see also Exh. 2 and 3 [Certificate of Title and payment history].)

Plaintiff also submits sufficient evidence that Defendants defaulted on the Agreement starting August 2019 by failing to remit the regular monthly loan payment, and presently owe $28,740.81. (Lawter Decl. ¶¶ 2, 5-11, Exh. 3 [payment history].)

No opposition to this evidence has been received. Plaintiff has shown the probable validity of its claim.

3. Wrongful Detention

Pursuant to Code of Civil Procedure section 512.010(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.”

Under the Agreement, Plaintiff has the right to repossess the Vehicle in the event of default. (Lawter Decl. Exh. 1.) Plaintiff has made a showing that Defendants wrongfully detained the Vehicle after defaulting on the Agreement.

4. Description and Value of Property

Pursuant to Code of Civil Procedure section 512.010(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, and VIN number. Plaintiff has also given a statement as to value. (See Lawter Decl. ¶ 10.) Plaintiff therefore satisfies section 512.010(b)(3).

5. 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.

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.

With regard to the location of the vehicle, Lawter declares that Plaintiff’s research shows that Defendants reside and the Vehicle is located at 10654 Avenue M, Palmdale, CA 93591. According to the proofs of service filed by Plaintiff, this is the same address at which Defendants were personally served with the summons and complaint. The Agreement and Certificate of Title also specify this address for Defendants.

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.) The court finds sufficient probable cause to believe that the Vehicle is located at the stated address.

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 for writ of possession is GRANTED.

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