This case was last updated from Los Angeles County Superior Courts on 10/04/2021 at 07:07:47 (UTC).

NISSAN MOTOR ACCEPTANCE CORPORATION, A CORPORATION VS JOSE SANCHEZ, AN INDIVIDUAL, ET AL.

Case Summary

On 11/24/2020 NISSAN MOTOR ACCEPTANCE CORPORATION, A CORPORATION filed a Contract - Debt Collection lawsuit against JOSE SANCHEZ, 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:

    *******9836

  • Filing Date:

    11/24/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

NISSAN MOTOR ACCEPTANCE CORPORATION A CORPORATION

Defendants

LIM INDIVIDUALLY AND SEAN DBA LUCKY AUTO BODY & REPAIR SHOP

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES A CALIFORNIA GOVERNMENTAL AGENCY

SANCHEZ AN INDIVIDUAL JOSE

Attorney/Law Firm Details

Plaintiff Attorney

KRUGLIAK BENTZION

 

Court Documents

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

5/25/2021: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Brief (name extension) - Brief Summary of Case Re; Request form Default Judgment

5/24/2021: Brief (name extension) - Brief Summary of Case Re; Request form Default Judgment

Request for Dismissal - Request for Dismissal

5/24/2021: Request for Dismissal - Request for Dismissal

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

5/24/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

5/24/2021: 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

5/24/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Ruling - Notice of Ruling

5/20/2021: Notice of Ruling - Notice of Ruling

Request for Dismissal - Request for Dismissal

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

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

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

4/14/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Stipulation and Order (name extension) - Stipulation and Order of Acceptance of Service Regarding Waiver of Appearance by and of Monetary Recovery Against Defendant California Department of Motor Vehi

3/29/2021: Stipulation and Order (name extension) - Stipulation and Order of Acceptance of Service Regarding Waiver of Appearance by and of Monetary Recovery Against Defendant California Department of Motor Vehi

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

2/11/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

12/17/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

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

12/17/2020: Notice of Application for Writ of Possession and Hearing (Claim and Delivery) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/17/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Proof of Personal Service - Proof of Personal Service

12/9/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

11/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

23 More Documents Available

 

Docket Entries

  • 09/20/2021
  • DocketWrit of Possession; Issued by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: Jose Sanchez, an individual (Defendant); Sean Lim, individually and (Defendant); County: Los Angeles

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  • 09/17/2021
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff)

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  • 07/07/2021
  • DocketUpdated -- Judgment amended on 07/07/2021 ; Status Date changed from 07/02/2021 to 07/07/2021 ; Other Information: Judgment is for possession of the subject vehicle a 2017 Nissan Titan, Vehicle Identification Number 1N6AA1EK1HN548666. ; Status changed from Entered to Amended

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  • 07/07/2021
  • DocketNon-Jury Trial scheduled for 05/24/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/07/2021

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  • 07/07/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/28/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/07/2021

    Read MoreRead Less
  • 07/02/2021
  • DocketJudgment By Court By Default; Signed and Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: Jose Sanchez, an individual (Defendant); Sean Lim, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

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  • 07/02/2021
  • DocketDefault judgment by Court entered for Plaintiff Nissan Motor Acceptance Corporation, a corporation against Defendant Jose Sanchez, an individual on the Complaint filed by Nissan Motor Acceptance Corporation, a corporation on 11/24/2020 for the principal amount of $24,580.22, attorney fees of $1,127.41, and costs of $839.04 for a total of $26,546.67.

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  • 07/02/2021
  • DocketDefault judgment by Court entered for Plaintiff Nissan Motor Acceptance Corporation, a corporation against Defendant Sean Lim, individually and DBA Lucky Auto Body & Repair Shop on the Complaint filed by Nissan Motor Acceptance Corporation, a corporation on 11/24/2020 for the principal amount of $25,000.00 and attorney fees of $1,140.00 for a total of $26,140.00.; Other: That plaintiff is adjudicated the legal owner of the subject 2017 Nissan Titan, Vehicle Identification Number 1N6AA1EK1HN548666

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  • 05/25/2021
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

    Read MoreRead Less
  • 05/25/2021
  • DocketDefault Judgment - Rejected; Submitted by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: Jose Sanchez, an individual (Defendant); Sean Lim, individually and (Defendant)

    Read MoreRead Less
36 More Docket Entries
  • 12/17/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff)

    Read MoreRead Less
  • 12/17/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff)

    Read MoreRead Less
  • 12/09/2020
  • DocketProof of Personal Service; Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: California Department of Motor Vehicles, a California Governmental Agency (Defendant); Service Date: 11/25/2020; Service Cost: 126.00; Service Cost Waived: No

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  • 11/24/2020
  • DocketNon-Jury Trial scheduled for 05/24/2022 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 11/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/28/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 11/24/2020
  • DocketComplaint; Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: Jose Sanchez, an individual (Defendant); Sean Lim, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

    Read MoreRead Less
  • 11/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: Jose Sanchez, an individual (Defendant); Sean Lim, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

    Read MoreRead Less
  • 11/24/2020
  • DocketSummons on Complaint; Issued and Filed by: Nissan Motor Acceptance Corporation, a corporation (Plaintiff); As to: Jose Sanchez, an individual (Defendant); Sean Lim, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

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  • 11/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/24/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC09836    Hearing Date: May 7, 2021    Dept: 86

NISSAN MOTOR ACCEPTANCE v. SANCHEZ

Case Number: 20STLC09836

Hearing Date: May 7, 2021

[Tentative] ORDER GRANTING THE APPLICATIONS FOR WRITS OF POSSESSION


Plaintiff, Nissan Motor Acceptance Corporation, seeks a writ of possession against Defendants Jose Sanchez and Sean Lim doing business as Lucky Auto Body & Repair Shop (the Body Shop) over the following property: 2017 Nissan Titan motor vehicle (VIN 1N6AA1EK1HN548666) (the Vehicle).[1] Neither Defendant filed an opposition. The court has entered defaults as to both Defendants.

The applications for writs of possession are granted.

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.” (Code Civ. Proc. § 512.010(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 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.” (Id. at § 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.” (Id. at § 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.” (Id. at § 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.)

Here, Plaintiff submits the declaration of Crystal Ezell, Replevin Specialist for Plaintiff, in support of the applications for writs of possession. The evidence shows Defendant Sanchez entered into a purchase agreement for the Vehicle. (Ezell Decl., ¶ 8, Ex. A.) Plaintiff is the legal owner of the Vehicle. (Ezell Decl., ¶ 8, Ex. B.) Pursuant to the Purchase Agreement, Defendant Sanchez agreed to make monthly payments in the amount of $575.84. (Ezell Decl., ¶ 8, Ex. A.) However, Defendant Sanchez defaulted by failing to make the payment due on July 29, 2020, or any monthly payment thereafter. (Ezell Decl., ¶ 9.) Plaintiff represents $24,580.22 is now owed on the contract. (Ezell Decl., ¶ 9, Ex. C.)

Plaintiff also submits evidence the Vehicle is in the possession of Defendant Sean Lim dba the Body Shop, who arranged a lien sale of the Vehicle and sent notices to the DMV. (Ezell Decl., ¶¶ 9-12.) Plaintiff contacted the Body Shop in an attempt to resolve this matter and offered the maximum amounts for repair and storage pursuant to Civil Code Section 3O68, subdivision (c); Defendant rejected this offer. (Ezell Decl., ¶¶ 13-14, Ex. E.)

The court finds Plaintiff has shown the probable validity of its claims.

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(b)(4), 512.080; see also Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 242-43.)

Based on the above evidence, Plaintiff has demonstrated probable cause to believe the Vehicle is currently in the possession of Defendants at either 803 Forest Avenue, Apartment 5 or 2501 James M. Wood Boulevard in Los Angeles, California. (Ezell Decl., ¶ 17.)

Plaintiff Has Established All Requirements for Issuance of a Writ

Pursuant to Code of Civil Procedure section 512.010, Plaintiff has shown (1) it is entitled to possession of the Vehicle; (2) the Vehicle is wrongfully detained by Defendants; (3) a sufficient description of the Vehicle and the value of the Vehicle; (4) the Vehicle is located at 803 Forest Avenue, Apartment 5 or 2501 James M. Wood Boulevard in Los Angeles, California; and (5) the property has not been taken for a tax, assessment or fine or seized under execution by declaration (Form CD-100 ¶ 8).

CONCLUSION

For the foregoing reasons, Plaintiff’s applications for writs of possession are granted. Before the writ issues as to Defendant Sanchez, however, Plaintiff must file an undertaking.[2]

IT IS SO ORDERED.

May 7, 2021 ________________________________

Hon. Mitchell Beckloff

Judge of the Superior Court


[1] Plaintiff also filed an application as to the Department of Motor Vehicles (DMV), but the DMV has since been dismissed.

[2] Plaintiff submits evidence Defendant Sanchez owes $24,580.22 on the contract while the Vehicle is worth between $25,575.00 (wholesale) and $29,031.00 (retail). (Ezell Decl., ¶ 9.) Because Defendant Sanchez has some potential interest in the Vehicle, Plaintiff is required to submit an undertaking in the amount of $9,000 (twice the value of the defendant's interest in the Vehicle). (Code Civ. Proc. § 515.010, subd. (b).) Defendants may prevent Plaintiff from taking possession of the Vehicle by filing with the court an undertaking in the amount of $24,580.22. (Code Civ. Proc. § 515.020, subd. (a).)

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