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This case was last updated from Los Angeles County Superior Courts on 02/28/2021 at 06:37:11 (UTC).

VW CREDIT INC., A CORPORATION VS ASTGHIK ASATRYAN, AN INDIVIDUAL, ET AL.

Case Summary

On 08/12/2020 VW CREDIT INC , A CORPORATION filed a Contract - Debt Collection lawsuit against ASTGHIK ASATRYAN, 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6775

  • Filing Date:

    08/12/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

VW CREDIT INC. A CORPORATION

Defendants

ASATRYAN AN INDIVIDUAL ASTGHIK

CALIFORNIA DEPARTMENT OF MOTOR VEHICLES A CALIFORNIA GOVERNMENTAL AGENCY

NAVASARDIAN INDIVIDUALLY AND HAKOP DBA LIBERTY COLLISION CENTER

Attorney/Law Firm Details

Plaintiff Attorney

KRUGLIAK BENTZION

 

Court Documents

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

2/9/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

2/26/2021: Minute Order - Minute Order (Hearing on Application for Writ of Possession (CCP 512.010))

Stipulation and Order (name extension) - Stipulation and Order REGARDING WAIVER OF APPEARANCE BY AND OF MONETARY RECOVERY AGAINST DEFENDANT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

10/27/2020: Stipulation and Order (name extension) - Stipulation and Order REGARDING WAIVER OF APPEARANCE BY AND OF MONETARY RECOVERY AGAINST DEFENDANT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES

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

9/3/2020: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - 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)

9/3/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

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

9/3/2020: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

9/3/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

9/3/2020: 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)

9/3/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

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

9/3/2020: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Proof of Personal Service - Proof of Personal Service

8/19/2020: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

8/12/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/12/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/12/2020: Summons - Summons on Complaint

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

8/12/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 08/16/2023
  • Hearing08/16/2023 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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  • 02/09/2022
  • Hearing02/09/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/26/2021
  • DocketOrder Granting the Application For Writ of Possession; Filed by: Clerk

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  • 02/26/2021
  • DocketMinute Order (Hearing on Application for Writ of Possession (CCP 512.010))

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  • 02/26/2021
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 02/26/2021 at 09:30 AM in Stanley Mosk Courthouse at Department 86 updated: Result Date to 02/26/2021; Result Type to Held - Motion Granted

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  • 02/09/2021
  • DocketProof of Service by Substituted Service; Filed by: VW Credit Inc., a corporation (Plaintiff); As to: Hakop Navasardian, individually and (Defendant); Proof of Mailing Date: 01/13/2021; Service Cost: 177.10; Service Cost Waived: No

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  • 10/27/2020
  • DocketUpdated -- Stipulation and Order REGARDING WAIVER OF APPEARANCE BY AND OF MONETARY RECOVERY AGAINST DEFENDANT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES: Filed By: VW Credit Inc., a corporation (Plaintiff); Result: Granted; Result Date: 10/27/2020

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  • 10/27/2020
  • DocketUpdated -- Stipulation and Order REGARDING WAIVER OF APPEARANCE BY AND OF MONETARY RECOVERY AGAINST DEFENDANT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES: Status Date changed from 10/22/2020 to 10/27/2020; Result Date changed from 10/27/2020 to 10/27/2020; As To Parties changed from California Department of Motor Vehicles, a California Governmental Agency (Defendant) to California Department of Motor Vehicles, a California Governmental Agency (Defendant)

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  • 09/10/2020
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 02/26/2021 at 09:30 AM in Stanley Mosk Courthouse at Department 86

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  • 09/03/2020
  • DocketMemorandum of Points & Authorities; Filed by: VW Credit Inc., a corporation (Plaintiff)

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4 More Docket Entries
  • 09/03/2020
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: VW Credit Inc., a corporation (Plaintiff)

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  • 09/03/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: VW Credit Inc., a corporation (Plaintiff)

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  • 08/19/2020
  • DocketProof of Personal Service; Filed by: VW Credit Inc., a corporation (Plaintiff); As to: California Department of Motor Vehicles, a California Governmental Agency (Defendant); Service Date: 08/13/2020; Service Cost: 126.00; Service Cost Waived: No

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  • 08/12/2020
  • DocketNon-Jury Trial scheduled for 02/09/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/12/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/16/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/12/2020
  • DocketComplaint; Filed by: VW Credit Inc., a corporation (Plaintiff); As to: Astghik Asatryan, an individual (Defendant); Hakop Navasardian, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

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  • 08/12/2020
  • DocketSummons on Complaint; Issued and Filed by: VW Credit Inc., a corporation (Plaintiff); As to: Astghik Asatryan, an individual (Defendant); Hakop Navasardian, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

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  • 08/12/2020
  • DocketCivil Case Cover Sheet; Filed by: VW Credit Inc., a corporation (Plaintiff); As to: Astghik Asatryan, an individual (Defendant); Hakop Navasardian, individually and (Defendant); California Department of Motor Vehicles, a California Governmental Agency (Defendant)

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  • 08/12/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/12/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC06775    Hearing Date: February 26, 2021    Dept: 86

VW CREDIT INC. v. ASATRYAN

Case Number: 20STLC06775

Hearing Date: February 26, 2021

[Tentative] ORDER GRANTING THE APPLICATION FOR WRIT OF POSSESSION


Plaintiff, VW Credit Inc., seeks a writ of possession against Defendants, Astghik Asatryan and Hakop Navasardian (individually and doing business as Liberty Collision Center), over the following property: 2019 Volkswagen Jetta (VIN 3VWCB7BU8KM135773) (the Vehicle). Neither Defendant submitted an opposition.

The application for writ of possession is 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, 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 for 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.)

Here, Plaintiff submits the declaration of Scott Ellefson, an employee with Plaintiff in support of this application for writ of possession. The evidence shows Plaintiff’s assignor, on the one hand, and Defendant Asatryan, on the other hand, entered into a lease agreement for the Vehicle. (Ellefson Decl., ¶ 6, Ex. A.) Pursuant to the lease agreement, Defendant Asatryan agreed to make monthly payments in the amount of $258.11. (Ellefson Decl., ¶ 7.) However, Defendant Asatryan defaulted by failing to make the payment due on February 1, 2020, or any monthly payment thereafter. (Ellefson Decl., ¶ 7.) As of the filing of this declaration, Plaintiff represents $18,187.90 is now owed on the contract. (Ellefson Decl., ¶ 7.)

Plaintiff also submits evidence that prior to the filing of this action, Defendant Asatryan transferred the Vehicle to Defendant Navasardian, who operates a body shop, to repair/store the Vehicle. (Ellefson Decl., ¶ 8.) Plaintiff contacted Defendant Navasardian on July 10, 2020 and he confirmed that they still had possession of the Vehicle but claimed that a tow bill of $475 and storage fees in excess of $13,500 had accrued. Defendant Navasardian had contacted the Department of Motor Vehicles (DMV) for approval to conduct a lien sale.[1] Petitioner in an attempt to resolve this matter offered the maximum amounts for repair and storage pursuant to Civil Code Section 3068, subdivision (c). (Ellefson Decl., ¶ 11, Ex. C.) Defendant rejected the offer. (Ellefson Decl., ¶ 11.)

The court finds Plaintiff has shown a probable 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(b)(4), 512.080; see also Simms v. NPCK Enterprises, Inc. (2003) 109 Cal.App.4th 233, 242-43.)

Based on the evidence, Plaintiff has demonstrated a probable cause to believe the Vehicle is currently in the possession of Defendants at either: 1140 Cactus Dr., Palmdale, CA 93551 (Defendant Asatryan’s residence) or 1218 E. 1st St., Los Angeles, CA 90033 (body shop location). (Ellefson Decl., ¶ 16.)

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 Vehicle; (2) shown the Vehicle is wrongfully detained by Defendants; (3) described the Vehicle and stated that the value of the Vehicle is between $15,919.00 and $17,984.00; (4) submitted evidence the Vehicle is located at either 1140 Cactus Dr., Palmdale, CA 93551 or 1218 E. 1st St., Los Angeles, CA 90033; and (5) declared 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.[2]

IT IS SO ORDERED.

February 26, 2021 ________________________________

Hon. Mitchell Beckloff

Judge of the Superior Court


[1] The DMV was also named as a party to this action and served with an application for a writ of possession. The DMV filed a notice of waiver of monetary recovery.

[2] Plaintiff submits evidence Defendant Asatryan owes $18,187.90 on the contract while the Vehicle is worth only $15,919.00 wholesale and $17,984.00 retail. (Ellefson Decl., ¶¶ 6-7.) Because Defendant Asatryan has no potential interest in the Vehicle, Plaintiff is not required to submit an undertaking. (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 $18,187.90, which is the current balance owed on the Vehicle. (Code Civ. Proc. § 515.020, subd. (a).)

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