EVERGREEN BANK GROUP v. YANJU MA

· If the parties neither submit nor appear at hearing, the court may take the matter off calendar or adopt the tentative ruling as the order of the court. After the court has issued a tentative ruling, the court may prohibit the withdrawal of the matter without leave.

The Court ordered Plaintiffs' reply filed and served no later than August 20, 2026. Plaintiffs filed their reply on August 21, 2026, only two court days before the hearing. Given that the Court shortened time to hear the motion on Plaintiff's ex parte request, this failure is significant. Nonetheless, the Court exercises its discretion to consider the reply in the interest of resolving the matter on the merits.

Plaintiff also pleads an eighth cause of action for injunctive relief. However, injunctive relief is a remedy, not a cause of action. (Art Movers, Inc. v. Ni West, Inc. (1992) 3 Cal.App.4th 640, 647.)

The Clancy Property has already been foreclosed upon and is therefore not at issue in these proceedings. (Mot. at 4-5.)

Defendants Rosales and Covarrubias, who do not oppose, would also have their interest in the Eagle Property extinguished if the Court does not enjoin Culver.

County of Los Angeles Department 834 ¿ EVERGREEN BANK GROUP, Plaintiff(s), vs. YANJU MA, Defendant(s). | Case No.: |

| | Hearing Date: | August 25, 2026 | |

| | | | | | [TENTATIVE] ORDER RE: APPLICATION FOR WRIT OF POSSESSION | | Plaintiff Evergreen Bank Group ("Plaintiff") seeks a writ of possession against defendant Yanju Ma ("Defendant") to recover a motor vehicle. The unopposed motion is granted.

I.

Background

Defendant entered into a Promissory Note, Disclosure and Security Agreement ("Contract") with Plaintiff to finance the purchase of a motor vehicle. (Urso Decl., P. 5, Ex. 1.) Defendant agreed to pay $485.84 monthly for 84 months beginning July 24, 2025. (Urso Decl., Ex. 1.) Defendant did not make the July 24, 2025 payment or any other payments after. (Urso Decl., P.7, Ex. 3.) On May 13, 2026, Plaintiff filed this action against Defendant for claim and delivery. On June 22, 2026, Plaintiff filed the instant application for writ of possession.

II. 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." (CCP Sec. 512.010(a).) Pursuant to CCP Sec. 512.010(b), the application must be submitted under oath and include the following: (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. (Id. Sec. 512.030.) "At the hearing, a writ of possession shall issue if both of the following are found: [P.] (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. [P.] (2) The undertaking requirements of Section 515.010 are satisfied." (Id.

Sec. 512.060(a).) "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. Sec. 511.090.) A writ of possession shall not issue unless the plaintiff files an undertaking "in an amount not less than twice the value of the defendant's interest in the property or in a greater amount." (Id. Sec. 515.010(a).) Due to the extraordinary nature of pretrial statutory writ remedies, their requirements are ordinarily subject to strict construction. (See Pacific Decision Sciences Corp. v.

Superior Court (2004) 121 Cal.App.4th 1100, 1106.)

III. Analysis

1. Notice

According to the proof of service filed on July 21, 2026, Defendant was served with a copy of the summons, complaint, and moving papers by substituted service on June 30, 2026.

2. Description and Value of Property

The subject property is a 2025 YAMAHA WAVERUNNER FX CRUISER SVHO, Vehicle Identification No. US-YAMA1240C525 ("Vehicle"). (Urso Decl., P. 5.) The Vehicle is worth about $16,710 retail. (Urso Decl., P. 10, Ex. 4.)

3. Statutory Statements

Pursuant to CCP Sec. 512.010(b)(4) and (b)(5), the application must include: (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.

With respect to CCP Sec. 512.010(b)(5), Plaintiff declares that the subject property has not been taken for a tax, assessment, or fine, pursuant to a statute, and has not been seized under an execution against the property of the Plaintiff. (Application P. 8(a).) With respect to CCP Sec. 512.010(b)(4), Plaintiff declares that the Vehicle is located at 312 S 6TH STREET ALHAMBRA, CA 91801. (Application P.P. 6-7; Urso Decl. P. 14.) Plaintiff has complied with CCP Sec. 512.010(b)(4) and (b)(5).

4. Probable Validity

Plaintiff seeks to recover possession of the Vehicle through its cause of action for claim and delivery. (State Farm Mut. Auto. Ins. Co. v. Department of Motor Vehicles (1997) 53 Cal.App.4th 1076, 1081 [remedy for conversion includes "specific recovery of the property"]; McFaddin v. H.S. Crocker Co. (1963) 219 Cal.App.2d 585, 590 [claim and delivery is an auxiliary remedy in an action for recovery of personal property].) "To obtain possession of tangible personal property through a writ of possession, the plaintiff must establish, inter alia, the basis for its claim, that it is entitled to possession of the property, and the defendant is wrongfully detaining the property." (SANTA CLARA VALLEY WATER DISTRICT, Plaintiff and Respondent, v.

REBECCA EISENBERG, Defendant and Appellant. (Cal. Ct. App., Jan. 30, 2026, No. H052913) 2026 WL 1051865, at *5 [citing CCP Sec. 512.010, subd. (b)].) "The court shall issue a writ of possession after a hearing if the plaintiff establishes the probable validity of its claim for possession of the property." (Ibid [citing CCP Sec. 512.060, subd. (a)(1)].) The plaintiff establishes "probable validity" by showing "it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim." (Ibid [citing CCP Sec. 511.090].)

Plaintiff has shown that its claim against Defendant is probably valid. Plaintiff provides sufficient documentary evidence that Plaintiff and Defendant entered into the Contract to finance the purchase of the Vehicle. (Urso Decl., P. 5, Ex. 1.) Defendant is in default under the terms of the Contract. (Urso Decl., P. 7, Exs. 3.) Plaintiff may take possession of the Vehicle. (Urso Decl. P.P. 5-8, Exs. 1 at 5, P. 12, 2.) The Vehicle's title shows Plaintiff is the lienholder. (Urso Decl., P. 6, Ex. 2.)

5. Undertaking

CCP Sec. 515.010 requires an undertaking to be filed before the writ issues in the amount of "not less than twice the value of the defendant's interest in the property." (CCP Sec. 515.010(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.)

Here, the declaration indicates that the fair market value of the vehicle is about $16,710. (Urso Decl. P. 10, Ex. 4.) As of January 22, 2026, the amount due and owing from Defendant is $27,117. (Urso Decl. P. 7, Ex. 3.) Defendant has no equity in the Vehicle. The undertaking is waived. The re-delivery bond will be $16,710. (CCP Sec. 515.020(a).)

IV.

Conclusion

The application for writ of possession is GRANTED. Date: August 25, 2026 | | | HON. TIANA J. MURILLO |

PLEASE TAKE NOTICE:

· Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.

· If a party intends to submit on this tentative ruling, the party may send an email to the court at [email protected] with the Subject line "SUBMIT" followed by the case number. The body of the email must include the hearing date and time, counsel's contact information, and the identity of the party submitting.

· Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. If the parties neither submit nor appear at hearing, the court may take the matter off calendar or adopt the tentative ruling as the order of the court. After the court has issued a tentative ruling, the court may prohibit the withdrawal of the matter without leave. | Home -->)" -->