RCA Service Co. v. Superior Court

Petitioner seeks writ of mandate compelling the trial court to grant petitioner’s request for a writ of possession to recover telephone equipment leased to real party in interest. Real party’s only defense to the claim of possession is that the equipment was defective. We conclude that real party’s alleged right to damages based upon the defects is independent of petitioner’s right to possession. Thus, petitioner is entitled to a writ of possession.

Real party in interest leased television and telephone equipment from petitioner and failed to make full payment on the lease agreements, alleging defects *3 in the telephone equipment. On March 3, 1982, petitioner filed a complaint seeking repossession, followed by an application for a writ of possession (Code Civ. Proc., § 512.060). The trial court granted the writ regarding the televisions, but denied the writ insofar as it sought return of the telephone equipment.

Code of Civil Procedure section 512.060 provides in part: “(a) At the hearing, a writ of possession shall issue if both of the following are found:

Code of Civil Procedure section 511.090 defines “probable validity”: “A claim has ‘probable validity’ where it…