Shift4 Payments, LLC vs. S5 Equity, LLC

FREIGHT Plaintiff applies for writs of possession under Code SERVICES of Civil Procedure section 512.010 as to the following property: 2019 Freightliner 126SLP, VIN 3AKJHHDR1KSKJ0741, and 2019 Freightliner 126SLP, VIN 3AKJHHDR5KSKJ0595 (together, Subject Property).

The applications were duly served on Defendants. (See ROA 24, 26). Plaintiff has satisfied the requirements of Code of Civil Procedure section 512.010 and has established the probable validity of its claim to possession of the Subject Property. (Code Civ. Proc., §§ 512.010, 512.060(a); Broadie Decl., ¶¶ 1-22; Exs. 1-5.)

As Plaintiff has presented evidence to show Defendants have no equity in the Subject Property, no bond or undertaking is required. (Broadie Decl., ¶¶ 23-24, Ex. 6; Code Civ. Proc., § 515.010(b).)

Plaintiff’s request for an order, pursuant to Code of Civil Procedure section 512.070, directing Defendants to transfer possession of the Subject Property to Plaintiff is GRANTED.

Counsel for Plaintiff shall submit a proposed order and shall give notice of this ruling.

309 Shift4 The application of attorney Mauro G. Tucci to Payments, LLC appear pro hac vice as counsel for Shift4 Payments, vs. S5 Equity, LLC is DENIED, without prejudice. LLC Tucci’s application fails to comply with California Rule of Court 9.40. Application not served on State Bar at its San Francisco office. (Rule 9.40(c)(1).) Tucci does not state whether or not he is “Regularly employed in the State of California” or “Regularly engaged in substantial business, professional, or other activities in the State of California.” (Rule 9.40(a)(2)&(3).) Also, the title of the case in which

Tucci was previously admitted pro hac vice is partially omitted. (Rule 9.40(d)(5).)

Accordingly, the application is DENIED, without prejudice.

The 8/10/26 CMC remains on calendar.

Plaintiff shall give notice.