Plaintiff’s Application for Writ of Possession
2025CUBC056918: AMERICA FIRST FEDERAL CREDIT UNION, A NOT-FOR-PROFIT FINANCIAL COOPERATIVE vs KRISTOPHER MICHAEL HASSELL, AN INDIVIDUAL, et al. 06/17/2026 in Department 21 Petition for Writ of Possession for Plaintiff
Tentative Rulings. Parties and counsel appearing for oral argument should address the tentative decision. Parties may submit on the tentative decision by email, with a copy to all other parties in the matter, to courtroom21@ventura.courts.ca.gov before 8:00 a.m. on the day set for the hearing, with a subject line that includes SUBMISSION ON TENTATIVE, Case Number, Title and Party. If fewer than all parties submit on the tentative, the hearing will proceed, and the tentative ruling is subject to change. The clerk cannot advise if you should still appear or not. The decision of whether to appear for a hearing is to be made by the parties and their counsel. (Dept. 21 Rules & Procedures, p. 4, § II.I.)
The following is a statement of the Courts tentative ruling. The Court may adopt, modify or reject the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
Motion: Plaintiffs Application for Writ of Possession (Unopposed)
Tentative Ruling: Plaintiffs Application for Writ of Possession is GRANTED.
Discussion:
A. Procedural Requirements
The motion is supported by a declaration and includes the required information about the subject vehicle. Thus, the motion is procedurally proper.
B. Plaintiffs Basis for the Claim & Wrongful Possession by Defendants
The application and complaint make clear that the basis for the claim is breach of contract, and that the loan contract is secured by the vehicle. This demonstrates that, if the claim has probable validity, Plaintiff is entitled to take possession of the property.
C. Probable Validity
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.) Plaintiffs evidence shows that Defendant is in default on the loan contract, and it has the right to take immediate possession of the vehicle. Thus, Plaintiff has shown the probable validity of the claims. A writ of possession should be issued.
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2025CUBC056918: AMERICA FIRST FEDERAL CREDIT UNION, A NOT-FOR-PROFIT FINANCIAL COOPERATIVE vs KRISTOPHER MICHAEL HASSELL, AN INDIVIDUAL, et al.
D. Location of the Property
If the claimed property is within a private place, then the application must include a showing that there is probable cause to believe that such property is located there. (CCP, § 512.010, subd. (b)(4).) Amy Sorensons declaration states Defendants complete address in Thousand Oaks. She further declares that prior notices were sent to the address listed on the loan contract in Los Angeles; however, it is believed that the RV Collateral is at the Thousand Oaks address. Plaintiff has satisfied this requirement.
E. Order for Transfer
If a writ of possession is issued, the court may also issue an order directing the defendant to transfer possession of the property to the plaintiff. Such order shall contain a notice to the defendant that failure to turn over possession of such property to plaintiff may subject the defendant to being held in contempt of court. (CCP, § 512.070.) The Court will issue such an order.
F. Undertaking
An undertaking is required unless Plaintiff shows that Defendant has no interest in the property. (See CCP, § 515.010, subd. (b).) Defendants interest 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 defendants interest in the property. (Id., subd. (a).) The undertaking shall be in an amount not less than twice the value of the defendants interest in the property or in a greater amount. (Ibid.) Plaintiffs papers show that the vehicle is worth significantly less than the amount owed on the contract. Therefore, no undertaking will be ordered.
G. Redelivery
The defendant may prevent the plaintiff from taking possession of property pursuant to a writ of possession or regain possession of property so taken by filing with the court in which the action was brought an undertaking in an amount equal to the amount of the plaintiff's undertaking pursuant to subdivision (a) of Section 515.010 or in the amount determined by the court pursuant to subdivision (b) of Section 515.010. (CCP, § 515.020, subd. (a).) The defendants undertaking is the amount of the plaintiffs damages. (CCP, §§ 515.020, subd. (b).) Since no opposition has been filed, this issue has not been raised.
H.
Conclusion
Plaintiffs application for writ of possession is GRANTED. No undertaking will be ordered. An order for transfer will be issued.
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