Fresno Truck Center, Inc. v. No Name Given Vijay et al.

(35) Tentative Ruling

Re: Fresno Truck Center, Inc. v. No Name Given Vijay et al. Superior Court Case No. 25CECG05899

Hearing Date: May 27, 2026 (Dept. 501)

Motion: By Plaintiff Fresno Truck Center, Inc. on Application for Writ of Possession x2

Tentative Ruling:

Hearing remains on calendar. (Code Civ. Proc., § 512.020, subd. (a).) The parties are directed to appear on May 27, 2026, at 3:30 p.m. in Department 502.

Explanation:

The court intends to grant the application for a writ of possession as sought. Hearing on the matter is mandatory, and therefore the parties are directed to appear.

On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc., § 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showing of the basis of the plaintiff’s claim, that plaintiff is entitled to possession of the claimed property, and where the claim is based on a written instrument, a copy of that instrument must be attached; (2) a showing that the property is wrongfully detained, how defendant came into possession of the property, and the reason for the detention to the best of plaintiff’s knowledge; (3) a detailed description of the property and statement of its value; (4) a statement of the property’s location, with supporting facts; (5) where the property is in a private place that must be entered, plaintiff must also make a showing of probable cause to believe that the property is located here; and (6) the property was not taken for a tax, assessment, or fine under a statute, or seized under an execution against the plaintiff’s property. (Id., § 512.010, subd. (b).)

This showing may be by affidavit and must be set forth with particularity. (Id., § 512.010, subd. (c).) If the plaintiff has established the probable validity of its claim to possession of the property, and provides an undertaking, the writ may issue. (Id., § 512.060, subd. (a).)

Here, plaintiff Fresno Truck Center, Inc. dba Lee Financial Services (“plaintiff”) satisfies all of the procedural requirements for the issuance of a writ of possession as to each of defendants No Name Given Vijay and VP Transport, Inc. (together “defendants”). Moreover, plaintiff sufficiently establishes, for the purposes of the present application only, the probable validity of its claim to possession of the trailer at issue. It is uncontested that the trailer in question is the subject of this litigation.

Accordingly, the court intends to grant the application. The court intends to waive plaintiff’s bond given the stated value of the trailer, at $54,000, in comparison to the amount owed of over $80,000. (Code Civ. Proc., § 515.010, subd. (b).) The court intends to set defendants’ counterbond at the value of the trailer plus potential costs, at $70,000. This would cover the value of the trailer in the scenario that defendants retain possession, but dispose of 4

the trailer prior to the conclusion of litigation, inclusive of reasonable costs. (Id., § 515.020, subd. (a).)

Hearing remains on calendar.

Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.

Tentative Ruling

Issued By: KCK on 5/26/2026. (Judge’s initials) (Date)

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