This case was last updated from Los Angeles County Superior Courts on 11/29/2019 at 00:18:38 (UTC).

AMERICAN CREDIT ACCEPTANCE, LLC VS JACQUES BAKER

Case Summary

On 06/24/2019 a Contract - Other Contract case was filed by AMERICAN CREDIT ACCEPTANCE, LLC against JACQUES BAKER in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6005

  • Filing Date:

    06/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

AMERICAN CREDIT ACCEPTANCE LLC A SOUTH CAROLINA LIMITED LIABILITY COMPANY

Defendant

BAKER JACQUES

Attorney/Law Firm Details

Plaintiff Attorney

HAGOPIAN SHANT HAROUT

 

Court Documents

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

11/27/2019: Minute Order - Minute Order (Hearing on Application for Writ of Possession (CCP 512.010))

Proof of Personal Service - Proof of Personal Service

9/6/2019: Proof of Personal Service - Proof of Personal Service

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

7/5/2019: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Notice (name extension) - Notice of Intent to Appear by Telephone

7/5/2019: Notice (name extension) - Notice of Intent to Appear by Telephone

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

7/5/2019: Notice (name extension) - Notice of Application for Writ of Possession and Hearing

Summons - Summons on Complaint

6/24/2019: Summons - Summons on Complaint

Complaint - Complaint

6/24/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/24/2019: First Amended Standing Order - First Amended Standing Order

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

6/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/27/2022
  • Hearing06/27/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/21/2020
  • Hearing12/21/2020 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/27/2019
  • DocketOrder Granting the Application for Writ of Possession; Filed by: Clerk

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  • 11/27/2019
  • DocketOrder for Writ of Possession (Claim and Delivery); Filed by:

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  • 11/27/2019
  • DocketMinute Order (Hearing on Application for Writ of Possession (CCP 512.010))

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  • 11/27/2019
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 11/27/2019 at 09:30 AM in Stanley Mosk Courthouse at Department 86 updated: Result Date to 11/27/2019; Result Type to Held

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  • 09/06/2019
  • DocketProof of Personal Service; Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant); Service Date: 08/28/2019; Service Cost: 92.41; Service Cost Waived: No

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  • 07/05/2019
  • DocketNotice of Application for Writ of Possession and Hearing; Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant)

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  • 07/05/2019
  • DocketNotice of Intent to Appear by Telephone; Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant)

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  • 07/05/2019
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 11/27/2019 at 09:30 AM in Stanley Mosk Courthouse at Department 86

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  • 07/05/2019
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant)

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  • 06/27/2019
  • DocketNon-Jury Trial scheduled for 12/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/27/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/24/2019
  • DocketComplaint; Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant)

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  • 06/24/2019
  • DocketCivil Case Cover Sheet; Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant)

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  • 06/24/2019
  • DocketSummons on Complaint; Issued and Filed by: American Credit Acceptance, LLC, a South Carolina Limited Liability Company (Plaintiff); As to: Jacques Baker (Defendant)

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  • 06/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/24/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06005    Hearing Date: November 27, 2019    Dept: 86

Plaintiff American Credit Acceptance, LLC seeks a writ of possession against Defendant Jacques Baker over the following property: 2013 Harley Davidson FLHZ Street (VIN 1HD1KBM30DB624422) (Motorcycle). Defendant has not submitted an opposition.

The application for writ of possession is granted.

STANDARD OF REVIEW

“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, subd. (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.” (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.)

Plaintiff submits the declaration of Matt Alexander, Plaintiff’s Loss Mitigation Manager, in support of this writ of possession. The evidence shows that Plaintiff’s assignor, Indian Victory Los Angeles, on the one hand, and Defendant, on the other, entered into a sales agreement for the Motorcycle. (Alexander Decl., ¶ 5, Ex. 1.) Pursuant to the Sales Agreement, Defendant agreed to make monthly payments in exchange of the Motorcycle. (Alexander Decl., ¶ 7.) Defendant, however, defaulted by failing to make the payment due on August 4, 2018, or any monthly payment thereafter. (Alexander Decl., ¶ 7.) As of the date of the declaration, Alexander represents $19,642.97 is owed to Plaintiff on the contract. (Alexander Decl., ¶ 6.)

The court notes there is evidence of the written assignment from Plaintiff’s assignor to Plaintiff at the end of the Sales Agreement. (Alexander Decl., Ex. 1.) Alexander’s declaration also attests to the assignment. (Alexander Decl., ¶ 6.) However, there is evidence that Plaintiff has perfected security interest in the Motorcycle based on a recorded lien in the Certificate of Title. (Alexander Decl., ¶ 6.)

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 Motorcycle is currently in the possession of Defendant at his residence located at: 3024 9th Avenue, Los Angeles, CA 90018. (Alexander Decl., ¶ 13.)

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 Motorcycle; (2) demonstrated the Motorcycle is wrongfully detained by Defendant; (3) described the Motorcycle and stated that the value of the Motorcycle is approximately $7,145; (4) submitted evidence that the Motorcycle is located at 3024 9th Avenue, Los Angeles, CA 90018; 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, Plaintiff’s application for a writ of possession is granted. [1]


[1] Plaintiff submits evidence that Defendant owes $19,642.97 on the contract while the Motorcycle is only worth $7,145. (Alexander Decl., ¶¶ 10-11.) Because Defendant has no equity interest in the Motorcycle, Plaintiff is not required to submit an undertaking. (Code Civ. Proc. § 515.010, subd. (b).) Defendant may prevent Plaintiff from taking possession of the Motorcycle by filing with the Court an undertaking in the amount of $19,642.97, which is the current balance owed on the Vehicle. (Code Civ. Proc. § 515.020, subd. (a).)