This case was last updated from Los Angeles County Superior Courts on 07/04/2020 at 09:18:35 (UTC).

MERCEDES-BENZ FINANCIAL SERVICES USA LLC, A DELAWARE LIMITED LIABILITY COMPANY VS MICHAEL S. FARRAJ

Case Summary

On 07/31/2019 MERCEDES-BENZ FINANCIAL SERVICES USA LLC, A DELAWARE LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against MICHAEL S FARRAJ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7037

  • Filing Date:

    07/31/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

MERCEDES-BENZ FINANCIAL SERVICES USA LLC A DELAWARE LIMITED LIABILITY COMPANY

Defendant

FARRAJ MICHAEL S.

Attorney/Law Firm Details

Plaintiff Attorney

CALEY REBECCA

 

Court Documents

Default Judgment - Default Judgment

5/4/2020: Default Judgment - Default Judgment

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

4/10/2020: 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

4/10/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/10/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

4/10/2020: 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

3/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

2/3/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Order (name extension) - Order Granting the Application for Writ of Possession.

12/18/2019: Order (name extension) - Order Granting the Application for Writ of Possession.

Order (name extension) - Order For Writ of Possession After Hearing

12/18/2019: Order (name extension) - Order For Writ of Possession After Hearing

Notice (name extension) - Notice Notice of Ruling on Plaintiff's Application for Writ of Possession

1/22/2020: Notice (name extension) - Notice Notice of Ruling on Plaintiff's Application for Writ of Possession

Memorandum of Points & Authorities - Memorandum of Points & Authorities

8/9/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Application for Writ of Possession - Application for Writ of Possession

8/9/2019: Application for Writ of Possession - Application for Writ of Possession

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

8/9/2019: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Complaint - Complaint

7/31/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/31/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/31/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

7/31/2019: First Amended Standing Order - First Amended Standing Order

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

7/31/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 05/04/2020
  • DocketDefault judgment by Court entered for Plaintiff MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company against Defendant Michael S. Farraj on the Complaint filed by MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company on 07/31/2019 for damages of $19,503.33, attorney fees of $975.10, interest of $537.03, and costs of $1,334.45 for a total of $22,349.91.; Other: See court order for terms and conditions of the judgment.

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  • 05/04/2020
  • DocketDefault Judgment; Signed and Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff)

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  • 05/04/2020
  • DocketUpdated -- Default Judgment: As To Parties: removed

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  • 05/04/2020
  • DocketNon-Jury Trial scheduled for 01/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/04/2020

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  • 05/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/03/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/04/2020

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  • 04/30/2020
  • DocketUpdated -- Default Judgment: Filed By: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff); Result changed from Entered to Granted; Result Date: 04/30/2020

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  • 04/10/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff); As to: Michael S. Farraj (Defendant)

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  • 04/10/2020
  • DocketRequest for Dismissal; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff)

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  • 04/10/2020
  • DocketMemorandum of Points & Authorities; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff)

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  • 04/10/2020
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff)

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16 More Docket Entries
  • 08/09/2019
  • DocketApplication for Writ of Possession; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff); Daily Rental Value: 1.00

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  • 08/09/2019
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff)

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  • 08/01/2019
  • DocketNon-Jury Trial scheduled for 01/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/31/2019
  • DocketComplaint; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff); As to: Michael S. Farraj (Defendant)

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  • 07/31/2019
  • DocketSummons on Complaint; Issued and Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff); As to: Michael S. Farraj (Defendant)

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  • 07/31/2019
  • DocketCivil Case Cover Sheet; Filed by: MERCEDES-BENZ FINANCIAL SERVICES USA LLC, a Delaware limited liability company (Plaintiff); As to: Michael S. Farraj (Defendant)

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  • 07/31/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/31/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07037    Hearing Date: December 18, 2019    Dept: 86

Plaintiff Mercedes-Benz Financial Services USA LLC seeks a writ of possession against Defendant Michael S. Farraj over the following property: 2012 Mercedes-Benz E350W (VIN WDDHF5KB0CA613866). Defendant has not submitted an opposition.

The court will grant the application for writ of possession.

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, 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, a 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.)

Plaintiff submits the declaration of Jeff Dawson, a Customer Service-Loss Recovery Manager with Plaintiff in support of this application for a writ of possession. The evidence shows Plaintiff’s assignor, on the one hand, and Defendant Farraj, on the other, entered into a sales agreement for the vehicle. (Dawson Decl., ¶ 12, Ex. 1.) Pursuant to the agreement, defendant agreed to make monthly payments in the amount of $566.13. (Dawson Decl., ¶ 13.) However, defendant defaulted by failing to make the payment due on June 24, 2018. (Dawson Decl., ¶ 16.) As of May 2, 2019, Plaintiff represents $19,241.32 is owed on the contract. (Dawson Decl., ¶ 17, Ex. 3.)

Plaintiff has submitted evidence of the assignment from Plaintiff’s assignor to Plaintiff. Dawson Decl., Ex. 1, final page.) Plaintiff also submits electronic lien verification information demonstrating Plaintiff has a perfected security interest in the vehicle. (Dawson Decl., ¶ 14, Ex. 2.)

The court finds Plaintiff has shown the probably validity of its claim.

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 the vehicle is currently in the possession of Defendant at his residence located at: 1218 Hidden Springs Lane, Glendora, CA 91741. (Dawson Decl., ¶ 21.)

Plaintiff Has Established All Requirements for Issuance of a Writ

Pursuant to Code of Civil Procedure § 512.010, Plaintiff has (1) shown it is entitled to possession of the vehicle; (2) shown that the vehicle is wrongfully detained by Defendant; (3) described the vehicle and stated that the value of the vehicle is 10,250; (4) submitted evidence that the vehicle is located at 1218 Hidden Springs Lane, Glendora, CA 91741; 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. No undertaking is required. [1]


[1] Plaintiff submits evidence Defendant owes $19,241.32 on the contract while the vehicle is only worth $10,250. (Dawson Decl., ¶ 23.) Because Defendant has no equity 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 $19,241.32, the current balance owed on the vehicle. (Code Civ. Proc. § 515.020, subd. (a).)