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Case Information
Filed
2024-07-17
Status
Closed
Type
(09) Limited Other Collections 10,000 35,000
Docket
37 entries
Disposition
judgment
Parties
Plaintiff
Wheels Financial Group, Llc|View Document 's Case Management Ment|View Document Defendant's Case Management Ment|View Document 's Separate Ment Of Undisputed Material Facts And Supporting Evidence In Support|View Document Proposed Order Cover Sheet For Order Granting 's Motion For Summary Judgment And Judgment|View Document Order Granting 's Motion For Summary Judgment
Defendant
Davis , Jennifer L|View Document 's Answer To Complaint For Breach Of Contract, Possession Of Personal Property|View Document 's Case Management Statement
Lawyers
Docket Entries
- Proof of Mailing View Document Proof of Mailing
- Civil Case Cover Sheet View Document Civil Case Cover Sheet
- Declaration View Document Declaration of Sheryl D Noel Re: Venue Comment Declaration of Sheryl D Noel Re: Venue
- Summons Issued and Filed View Document Summons Issued and Filed
- Proof of Service Served
- Cause Of Action Action Contract File Date
- Cause Of Action Action Intentional Tort File Date
- Notice of Assignment and Case Management Conference View Document Notice of Assignment and Case Management Conference Judicial Officer Benson, Stephen E
- Case Management Statement View Document Plaintiff's Case Management Statement
- Proof of Service of Summons Filed View Document Proof of Service of Summons/Complaint
- Request to Waive Court Fees
- First Paper - Limited Civil $10K-35K View Document Defendant's Answer to Complaint for Breach of Contract, Possession of Personal Property Comment Answer to Complaint for Breach of Contract, Possession of Personal Property
- Case Management Statement View Document Defendant's Case Management Statement
- Case Management Conference Original Type Case Management Conference View Document Complaint View Document Plaintiff's Case Management Statement View Document Proof of Service of Summons/Complaint View Document Defendant's Answer to Complaint for Breach of Contract, Possession of Personal Property View Document Defendant's Case Management Statement View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Noel, Sheryl Denise Defendant: Davis , Jennifer L
- Order on Fee Waiver - Granted View Document Order on Fee Waiver - Granted Judicial Officer Benson, Stephen E
- Minute Order View Document Civil Minutes
- Proof of Mailing View Document Proof of Mailing
- Case Management Statement View Document Plaintiff's Case Management Statement
- Motion - Summary Judgment View Document Motion for Summary Judgment or Summary Adjudication
- Statement View Document Plaintiff's Separate Statement of Undisputed Material Facts and Supporting Evidence in Support Comment Plaintiff's Separate Statement of Undisputed Material Facts and Supporting Evidence in Support of Motion for Summary Judgment
- Request for Judicial Notice View Document Request for Judicial Notice
- Declaration of Non-Service
- Case Management Conference Original Type Case Management Conference View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Parties Present Plaintiff Attorney: Noel, Sheryl Denise Defendant: Davis , Jennifer L
- Minute Order View Document Civil Minutes
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Motion for Summary Judgment or Summary Adjudication View Document Plaintiff's Separate Statement of Undisputed Material Facts and Supporting Evidence in Support View Document Request for Judicial Notice View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 9:00 AM Result Held Comment Motion for Summary Judgment Parties Present Plaintiff Attorney: Noel, Sheryl Denise
- Tentative Ruling Comment The Court will hear from counsel. The Court is inclined to grant summary adjudication as to the first and second causes of action. The Court finds Plaintiff has met its initial burden submitting evidence on each element of each cause of action, and the motion is unopposed. However, the Court is inclined to deny the motion to the extent it seeks an adjudication of monetary damages. (The only relief the Court is inclined to award in conjunction with this motion is an award of possession of the vehicle) Ostensibly, the proposed order seeks damages for the unpaid balance as well as repossession of the vehicle. Under this scenario the principle of equitable setoff applies, see Grossman v. Lippson (1978) 81 Cal.App.3d 554, 562. If the seller-creditor wishes to obtain a deficiency judgment on a promissory note given by the buyer-debtor as part of the purchase price, he must sell the collateral on proper notice and credit the debtor with its proceeds. (Id at p. 560) Thus, if Plaintiff seeks repossession in addition to the unpaid balance, the unpaid balance must be offset by the proceeds of the sale of the vehicle. Until this procedure is completed, the Court cannot issue a judgment concerning the amount of damages.
- Minute Order View Document Civil Minutes
- Request for Dismissal - Entered in Part View Document Request for Dismissal - Entered in Part as to Second Cause of Action for Possession of Personal Comment Request for Dismissal - Entered in Part as to Second Cause of Action for Possession of Personal
- Proposed Order - Cover Sheet View Document Proposed Order - Cover Sheet for Order Granting Plaintiff's Motion for Summary Judgment and Judgment Comment Proposed Order - Cover Sheet for Order Granting Plaintiff's Motion for Summary Judgment and Judgment
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Request for Dismissal - Entered in Part as to Second Cause of Action for Possession of Personal View Document Proposed Order - Cover Sheet for Order Granting Plaintiff's Motion for Summary Judgment and Judgment View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 9:00 AM Result Held Comment Motion for Summary Judgment; Continued from 5/14/2025 Parties Present Plaintiff Attorney: Noel, Sheryl Denise
- Judgment View Document Order Granting Plaintiff's Motion for Summary Judgment Judicial Officer Benson, Stephen E Comment Order Granting Plaintiff's Motion for Summary Judgment and Judgment
- Tentative Ruling Comment The Court is in receipt of the dismissal of the second cause of action. As a result, the equitable set off issue raised by the Court on the May 14, 2025 hearing is no longer relevant. Plaintiff's Motion for Summary Judgment is GRANTED. The Court finds Plaintiff has met its initial burden submitting evidence on each element of the breach of contract cause of action demonstrating no triable issue of material fact exists. The motion is unopposed. The Court will sign the current proposed order and judgment.
- Minute Order View Document Civil Minutes
- Proof of Mailing View Document Proof of Mailing
- Declaration View Document Application & Declaration of Noel re Request to Amend the Order Granting Motion for Summary Judgment Comment Application and Declaration of Noel re Request to Amend the Order Granting Motion for Summary Judgment
- Judgment - Summary View Document First Amended Order Granting Motion for Summary Judgment & Judgment Judicial Officer Benson, Stephen E Comment First Amended Order Granting Motion for Summary Judgment & Judgment
- Case Management Conference Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Cancel Reason Vacated
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