SUMMONS + COMPLAINT April 05, 2016 (2024)

SUMMONS + COMPLAINT April 05, 2016 (1)

SUMMONS + COMPLAINT April 05, 2016 (2)

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  • SUMMONS + COMPLAINT April 05, 2016 (8)
  • SUMMONS + COMPLAINT April 05, 2016 (9)
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INDEX NO. 605329/2016RECEIVED NYSCEF: 04/05/2016NYSCEF DOC. NO. 1SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.COUNTY OF SUFFOLKCRS Se we ee eee eR BES LXMID-ISLAND MORTGAGE CORP.,Plaintiff,-against- SUMMONSMUHAMMET OZEN, NARA BANK, NEW YORK STATEDEPARTMENT OF TAXATION AND FINANCE - CIVILENFORCEMENT,Plaintiff“JOHN DOE #1" through “JOHN DOR #20,” the last designates Suffolktwenty names being fictitious and unknown to County as the placeplaintiff, the persons or parties intended being of trial. The basisthe tenants, occupants, persons or corporations, of venue is theif any, having or claiming an interest in or situs of the reallien upon the premises, described in the property.complaint,Defendants.SSR Re re ee ee ee LXTo the above named Defendants:YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, if the complaint is notserved with this summons, to serve a notice of appearance on thePlaintiff's attorney within 20 days after the service of this summons,exclusive of the day of service (or within 30 days after the serviceis complete if this summons is not personally delivered to you withinthe State of New York) in the event the United States of America ismade a party defendant, the time to answer for the said United Statesof America shall not expire until (60) days after service of thesummons; and in case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in thecomplaint.Commencement of this lawsuit does not affect your rights asset forth in the validation notice.1 of 19NOTICEYOU ARE IN DANGER OF LOSING YOUR HOMEIf you do not respond to this summons and complaint by serving a copyof the answer on the attorney for the mortgage company who filed thisforeclosure proceeding against you and filing the answer with thecourt, a default judgment may be entered and you can lose your home.Speak to an attorney or go to the court where your case is pending forfurther information on how to answer the summons and protect yourproperty.Sending a payment to the mortgage company will not stop theforeclosure action.YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FORTHE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT.Dated: Garden City, New YorkApril 4, 2016STAGG, TERENZI/ CONFUSIONE & WABNIK, LLPAttorneys for/Plaintiff/ YWA Ly IYBY: _/ 7 L_ atacqueline M. Della Chiesa4Ae vxameain Avenue, Suite 300Garden City, NY 11530(516) 812-45002 of 19SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF SUFFOLKMID-ISLAND MORTGAGE CORP.,- - = -X INDEX No.Plaintiff,-against- VERIFIED COMPLAINTMUHAMMET OZEN, NARA BANK, NEW YORK STATEDEPARTMENT OF TAXATION AND FINANCE - CIVILENFORCEMENT,“JOHN DOE #1” through “JOHN DOE #20,” the lasttwenty names being fictitious and unknown toplaintiff, the persons or parties intended beingthe tenants, occupants, persons or corporations,if any, having or claiming an interest in orlien upon the premises, described in thecomplaint,Defendants.The complaint of the above-named plaintiff, by Stagg,Terenzi, Confusione & Wabnik, LLP, its attorneys, alleges that:ta At all times hereinafter mentioned, plaintiff was and stillis a Corporation formed and existing under the laws of the State ofNew York, having its principal place of business at 900 MerchantsConcourse, Westbury, NY 11590.2. On May 13, 2003, Muhammet Ozen duly executed and deliveredto Premier Mortgage Banking Corp. his note bearing that date, whereinand whereby he promised to repay to Premier Mortgage Banking Corp.,its successors or assigns, the principal sum of $250,000.00 withinterest at the initial rate as set forth in the note.3. The note contained a clause that the mortgage dated thesame day as the note protects the note holder from possible losseswhich might result from failure to keep the promises made in the note.3 of 194. The note also provides for the payment of late charges inthe event any payment becomes overdue for a period in excess offifteen (15) days.5]. To secure the payment of the sum represented by the note,Muhammet Ozen duly executed and delivered to Premier Mortgage BankingCorp. on May 13, 2003, his mortgage dated and acknowledged on that daywhereby he mortgaged to Premier Mortgage Banking Corp., its successorsor assigns, the premises described more fully on the annexed Schedule“A”.TOGETHER with all fixtures and articles of personal property annexedto, installed in, or used in connection with the mortgaged premises,all as is more fully set forth in said mortgage.6. The mortgage was recorded in the Office of the Clerk of theCounty of Suffolk on June 2, 2003 in Liber: 20407, Page: 70 and themortgage recording tax was paid.7. The mortgage has been assigned by assignment of mortgagerecorded in the Office of the Clerk of the County of Suffolk asfollows:Assignor: Premier Mortgage Banking Corp.Assignee: Mid-Island Mortgage Corp.Dated: May 13, 2003 Recorded: June 2, 2003Liber: 20407 Page: 718. On May 2, 2014, Muhammet Ozen duly executed and deliveredto Mid-Island Mortgage Corp. a Loan Modification Agreement(“Modification Agreement”) whereby the note and mortgage were modifiedto reflect, inter alia, a new unpaid principal balance of $228,316.11anew maturity date of July 1, 2053, and a reduced interest rate.4 of 19De The mortgage and Modification Agreement accompanying thenote provided for monthly installment payments for taxes, etc., as setforth in the mortgage.10. The note, mortgage, and Modification Agreement(collectively, the “Loan Documents”) provided, among other things,that the total indebtedness shall become due at the option of theholder of the Loan Documents after failure to keep any promise oragreement in the Loan Documents, including the promise to pay when duethe amounts owed to the lender under the Loan Documents.11. Plaintiff is in physical possession of the note, is themortgagee of record, and has the authority to foreclose.12. Defendant failed to comply with the terms, covenants andconditions of the Loan Documents by defaulting in the payment of:1. $701.02 for principal and interest, plusinstallments for taxes, etc., whichbecame due on the first day ofSeptember, 2015, and on the first day ofeach month thereafter.13. By reason of such defaults, the plaintiff does hereby electto declare the balance of the principal indebtedness immediately dueand payable.14. There is now due and owing to the plaintiff the principalsum of $222,342.81 with interest thereon from August 1, 2015, plusaccumulated late charges, together with any sums advanced by theplaintiff on behalf of defendant.15. Plaintiff has complied with all conditions precedentcontained in the Loan Documents, if any, including but not limited to,sending a notice to the mortgagor to cure the default.5 of 1916. Pursuant to Real Property Actions and Proceedings Law(“RPAPL”) §1304, by notice dated October 5, 2015, plaintiff sentdefendant a ninety (90) day notice.17. As of the commencement of this action, plaintiff hascomplied with RPAPL §1306.18. To protect its security afforded by the Loan Documents, itmay be necessary for plaintiff to pay taxes, assessments and waterrates which are, or may become liens on the mortgaged premises, andany other charges for the protection of the premises, and plaintiffhereby demands that any amounts which may be so expended shall beadded to the amount of the principal sum secured by the Loan Documents,together with interest from the time of any such payment, and that thesame be paid to the plaintiff from the proceeds of the foreclosuresale herein.19. Plaintiff alleges that no other proceedings have been hadfor the recovery of the sum secured by the Loan Documents or any partthereof.20. The premises and title thereto are subject to the following:a. The state of facts an accurate survey will show;b. All covenants, restrictions, easem*nts, agreements andreservations, if any, of record, and to any and allviolations thereof;c. Any and all building and zoning regulations, restrictionsand ordinances of the municipality in which said premisesare situated, and to any violations of the same, including,but not limited to, reapportionment of lot lines, and vaultcharges, if any;d. Any and all orders or requirements issued by anygovernmental body having jurisdiction against or affectingsaid premises and any violation of the same;6 of 19e. The physical condition of the premises, including anybuilding or structure on the premises as of the date ofclosing hereunder;£. Rights of tenants in possession, if any;g. Prior mortgages and judgments, if any, now liens of record;h. Right of Redemption of United States of America, if any;i. Rights of any defendants pursuant to CPLR §317, CPLR §2003and CPLR §5015, if any;j. Rights afforded to tenants pursuant to RPAPL §1303 and§1305, if any;k. Any and all Hazardous Materials in the premises including,but not limited to, flammable explosives, radioactivematerials, hazardous wastes, asbestos or any materialcontaining asbestos, and toxic substances; and1. Other conditions as set forth in the terms of sale moreparticularly to be announced at the sale.21. Plaintiff further alleges that all the defendants have, ormay claim to have, some interest in, or lien upon the mortgagedpremises, or some part thereof, which interest or lien, if any, issubject and subordinate to the lien of the mortgage being foreclosed.22. Plaintiff shall not be deemed to have waived, altered,released or changed the election to accelerate the debt by reason ofany payment made after the date of the commencement of this action, ofany or all of the defaults mentioned herein; and such election shallcontinue and remain effective until the costs and disbursem*nts ofthis action, and any and all future defaults under the Loan Documentsand occurring prior to the discontinuance of this action are fullypaid.23. The terms of the mortgage provide that defendants shall beliable to plaintiff for reasonable attorney's fees incurred by7 of 19plaintiff to protect or enforce plaintiff's security interest in thepremises.24. Nara Bank is named a party defendant herein by virtue ofthe fact that it holds a subordinate mortgage recorded in the Officeof the Clerk of the County of Suffolk on January 13, 2010 in Liber:21906, Page: 390, which mortgage is subject and subordinate to thelien of the plaintiff's mortgage.25. The New York State Department of Taxation and Finance -Civil Enforcement is named a party defendant herein to bar it from anyvight, title, claim or interest it may have in the premises beingforeclosed by virtue of the judgments listed below, which judgmentsare subject and subordinate to lien of plaintiff's mortgage beingforeclosed and for no other reason.The judgments found of record are against: Muhammet OzenSee attachment on next page.8 of 19440 | aBegi Gs NOIOIS j1000 sfdw INSW39H04na SONVNId 8 NOLIYXYLLtt AN ANvalY NVIISMVH VAR AID JO HANaISsINEYODmz FES AID py ZPPY SdALFOSRS auRU SRS FAS Sa SEN IE SUTEN ISETOpuy 4opIpasyii 40 NoSuad' FISISNOdSay£002 ! svss4IL AN SAQuS By Lo nav 6 RATIYAGIAONI LaWINYHNY NazO£002 971 vou ¥O3NS92Lb AN BAOND a1 49 Nana b 1sva S1LiN 996wz ag mS Dippy @apPY SCR TesaS suRUens Fens aay SWEN TSG DWENTSEyOjuy 40}qeqi b ZO0KAwo Beers 00 pS eee’bs 0 > wosens usw, PIY 0000-6 EL0z/9z/O1 gz8Er1200 3SHVNES GWlol (Wisos (ShINnONY Saad dawans ALNTIOS Tanos qalsasead la #x30NI- a : ii : *YOSNVEL YYW nt addy 30g eee F#OBS eLozeLL E90 404 Ofey {849UBD)TNOdTa TVATPALTA - LNAWOanrWHO SHAD AMOS HORNSWEOE BOLE gLOzezlG9 of 19140 | oBeq|i OS NOISYtaco : sSndnvo INSA39NO4NA BONYNIS 2 NOLLY XL2ezzh AN ANEW RvvieewH¥ fa WAID 30 YANOISSINIVODaz eS To Eppy Uppy Bax] jssng aweuyeens #ioanS sal ‘SUN Sag SUNS)i opus soyparg| JO NOSuaA! a1a1SNOdSay£802 | vsysctll = AN = JADND aT ! 19 Naa b -@ATTVNOIAON LBIWYH N320i omaveyLez WORN 1SVaSSZiL AN = AAOYD ay Lo aan L SULT HOFGZ eS AD Sapp wbpy RiXT jeans SuEnjeas Fyeens sant BURNT SUE TESTosuy 40;Gaq| 6 PO0MSL-Ot-€# XSQNI UNO Sboereor 009 soge'sot 0 %IG34NS =—- AMM. Py O0'0OE ELOZERMOL 9zEEPLZOOSSVASe TeLOL Wisos (SVINNOWY G33 JawaHs ALNHOS SunOS Galosausd la #XGGNT:SOSNYEL BNW APF BMA, oq see * HHS grower: TaIeg 20g 40} Oj fosaUEDLYOdge WAMULTT - LINIWOanrWe DS:EOLL sLozserLo DBO §P[49[5 AUN, yoyNS10 of 191j0 | eBeyag NOISSY1000 : sna AN3W3A9YOIN SONVNI4 8 NOLLY XL2221 AN ANYETY AYNIBRIVH ¥ AA Wi 40 BSNOISSIVNIODTZ Fes AS eappy GIBPY SOALISNS SWE RNS FSH BaAL aaeN Sa S SUENTSeTFUT AOUPBIDa |30 NOSUad ]31SISNOdS33£202 ¥sySS21L AN JANA SVT | ig nana bo 2aT¥AgWdNt JL3WAYHNL Nazo |LE02 i O77 GWON DOANS84tk AN = -BAOND aN 19 yaTia t Asya 311 $¢6TZ meas AD Spay appy sul eas seu weRsS FAVS SOT DuIEN TS SEN YETI7 jury s03Gaq |S£00M,Soe rez 000 BO'SEl pez 0 > wlossns UUM WY O0-CO'6 ELozezOl gzeerlz00 3SaVINSa ist¥iol Wisds WInnOwy Siza aaRdaHS ALNNGS Lanes Csiossead Lo # XS0NI+ oct 20g vee F#BES erozeyt, -278G 20g 304 O4Ly fesaUAD1HOSNVEL SewMneLWOddea WAIL - LNIWOGALSO §f13[D SITHOD WOH NSWEDL-OL LL 9b0Z/S2/L011 of 19L301 aBeg| OS NOIOS8 jsooo | Sfdvo INSW3ONO4NS BONYNIS ® NOLL22@2h AN ANYaY NVAIEUVH YAMA WS 40 B3NOISSHIMIODaz UES AID SIPPY Uppy SaaS SumUTeAS FANS sal aURENIRRG BEN ISETOpuf 1071P84940 NOSuad| SUSNGASSY260 | vsySst} AN BAQUD BDI : 19 Nava LS ATTHNGIAIONI JAWPIYHOW N3ZOOT1ATHASLIOHL202 i JOS 9ss2tb AN = BAND BWI i 49 nat ‘ F OULZd SINGSqiz Aas AID TaRPY PRY ALAS Bu ESRS 8 FIRS SORT SEN TEA SweN TERT:Op JORGaG> SOOMeo'aszer 90°0 G0'0S2'Ey ® oo W?IGHIAS = UBYM = WY 0000'S SLOZEvIL ozserLZ003SRVAaY Grwcl Bisoo GhINNOWY Saas asnS Ainnos = Tunos GaidawsdlG 8=—- #KaaNHOSNVEL UNM AP 7 UAL 20g Bet T#RES poze, ‘aeG20q s0f Of ;RsEuED7LUGATA WAURILAY - LNAWOdaArWE OLSON EL g10Z/s7rie DBO SPAM] ATUNTD HpopNS,12 of 19£j0 | obey{'{TWE OS-OL-LE sLozezLo BPO Ss[D AUMGD ypoyNS‘ds NOIOSY1000 sna INS W30H03N3 BONYNIS F NOLL2ezeh AN ANYSTY ARISE VAN ad UNO!az weg aD Ua ZpEY BaRLETS amUenS FES aay|OptH 4OZIPAITD—Od NOSuSdTISISNOdsay “£807 { Sv ONY98411 AN SAND BW ! 12 NanN3 b XTWNGIAIONI L3H N3ZO| omlavou£202, | yOaN LSvaSSilt AN = SAND AW | 49 Nav 4 TULL borTZ RIS AD ty | Wppy sdk eans aWeniens Riwons sant SENT SHEN TERTj tuy 40199q |8 SO0ASge’ least 900 BE LEs'8z 0 sOzzNS = BUA WY 0'00'G PLOZezit szeePLZ003Sravisse WWvioL isos (GYINNOWy S337 JasHs AINDOS = TENS Gaioaduad id #G0NIIa = 7HOSNVHL MHWL Ar = | SaAZ 90g ph THES ylozzze ‘elem 20 404 ayuy jesaUER1 ENOdgaY TVAINILAS - LNAWOGor13 of 19L jo 1 abegSe4tL AN = 3A0NO SVT£802sett AN = AAOHO SVTWz seg ADEapPY24' OS NOIOSYsndvi¥s ANBWADHOINS BONYNIS F NOLYXYL |AAMT AA Wao 30 YANOISSINWODUppy SOA aS SURTSaNS FSS ay WEN ISI BUIEN TEE]Opty 40ND AIDSE ™4OS NOSUSdSISISNOdS3YSv ONY19 nama b KTTWNGiAIONE LaWINYHN NazOONI NOLLWLS19 Nang b JIND VIGNYISISippy sail ans SUES #)0aS Sa sey SUN Seyous songag2 900M86 LegezL oo Be Lea'szt 0 — Mos3ns UUM WY 00:00:65 pLOzeznt 9z6crL200 3Save SMyioL (Wisco WGinNnOWY Saaz aaUSHS AINNOS =: Tana daidsaaae Lo AXONdgeS eee| LUOdaa TVATRALAY - INTWDanrWE OL-LEbLHOSNYEL YYW AeSLOZ SZ LOraday 3Gg PRBS plozz2, fered 20G 40; Ofuy esauaE)DO SPBID TMD yoyUS14 of 19WHEREFORE, plaintiff demands judgment that the defendantsand each of them, and all persons claiming under them, or any of themsubsequent to the commencement of this action and the filing of theNotice of Pendency thereof, may be barred and foreclosed of all right,title, claim, lien and equity of redemption in the mortgaged premises;that the premises may be decreed to be sold in one parcel according tolaw subject to the various items set forth in allegation numbered “20”herein; that the monies arising from the sale may be brought intocourt; that plaintiff may be paid the amount due on the Loan Documentsas alleged herein, together with interest to the time of such payment,together with the sums expended by plaintiff prior to and during thependency of this action, and for thirty days after any sale demandedherein for taxes, water rates, sewer rents, assessments, insurancepremiums and other necessary and essential charges or expenses inconnection therewith to protect the mortgage lien, plus any sumsexpended for the protection or preservation of the property covered bythe Loan Documents, and the amount secured thereby, with interestthereon from the time of such payment and the costs and expenses ofthis action including reasonable attorney’s fees so far as the amountof such monies properly applicable thereto will pay the same; thatplaintiff be decreed to be the owner of any and all personal propertyused in connection with the said mortgaged premises; SUBJECT TO RIGHTOF REDEMPTION OF THE UNITED STATES OF AMERICA; and that the defendantMuhammet Ozen may be adjudged to pay any deficiency which may remainafter applying all of said monies so applicable thereto; and that15 of 19plaintiff have such other and further relief as shall be just andequitable.Dated: Garden City, New YorkApril 4, 2016STAGG, TERENZI, CONFUSIONE & WABNIK, LLPAttorneys for PlaintiffLede l C=€queline M. Della ChiesaBY:401 Franklin Avenue, Suite 300Garden City, NY 11530(516) 812-450016 of 19SCHEDULE AALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected,situate, lying and being in the Incorporated Village of Lake Grove, Town of Brookhaven, County ofSuffolk and State of New York, known and designated as Lot 7 on a certain map entitled “Map ofBrookfield Estates at Lake Grove” and filed in the Office of the Clerk of the County of Suffolk on May 22,1970 as Map No. 5470, and which said lot is bounded and described according to said map as follows:BEGINNING at a point on the Northerly side of Ellen Court at the extreme Westerly end of the arc of acurve, having a radius of 20 feet and a length of 31.42 feet which said curve connects the said Northerlyside of Ellen Court with the Westerly side of Main Street;RUNNING THENCE North 84 degrees 55 minutes 40 seconds West along the Northerly side of EllenCourt, 52.03 feetTHENCE Westerly and still along the Northerly side of Ellen Court and along the arc of a curve bearing tothe right and having a radius of 50 feet and a distance of 18.07 feet;THENCE North 12 degrees 32 Minutes 00 seconds West, 158.39 feet;THENCE South 84 degrees 55 minutes 40 seconds East, 137.61 feet to the Westerly side of Main Street;THENCE South 5 degrees 04 minutes 20 seconds West along the Westerly side of Main Street, 134.20feet to the Northerly end of the first above mentioned curve; andTHENCE in a general Southwesterly direction along said first above mentioned curve, 31.42 feet to thepoint or place of BEGINNING.Premises commonly known as:1 Ellen Court, Lake Grove, New YorkAnd also byDistrict: 0208 , Section: 008.00, Block: 11.00 and Lot: 029.00017 of 19VERIFICATIONL, Jennifer Dobron , am the Viee Cesisntl ano Hesslal SayMid-Island Mortgage Corp. and I have read the foregoing complaint andknow the contents thereof; the same is true to my own knowledge exceptas to the matters therein stated to be alleged on information andbelief, and as to those matters I believe it to be true.I declare under penalty of perjury under the laws of theState of New York, that the foregoing is true and correct.DSworn to before rea”day of OA, , 2016Ss“my SEy sMannyNotary Publico>,%“my OF ssANMy18 of 19Index No.SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF SUFFOLKMID-ISLAND MORTGAGE CORP.,Plaintiff,-against-MUHAMMET OZEN, ET AL.,Defendants.SUMMONS AND VERIFIED COMPLAINTSTAGG, TERENZI, CONFUSIONE & WABNIK, LLPATTORNEYS for PLAINTIFFOffice & Post Office Address401 FRANKLIN AVENUESUITE 300GARDEN CITY, NEW YORK 11530(516) 812-4500FACSIMILE NO. (516) 812-46007 € oe")ELINE M. DELLA CHIES.Service a copy of the withi is hereby admittedDated,Attorney(s) forPlease take noticeNOTICE OF ENTRYOthat the within is a (certified) true copy ofa duly entered in the office of the clerk of the within namedcourt onNOTICE OF SETTLEMENTOthat an order of which the within is a true copy will be presented for settlement to the HON. one ofthe judges of the within Court, atDated,Yours, etc.STAGG, TERENZI, CONFUSIONE & WABNIK, LLPATTORNEY(S) for PLAINTIFFOffice & Post Office Address401 FRANKLIN AVENUESUITE 300GARDEN CITY, NEW YORK 11530(516) 812-4500FACSIMILE NO. (516) 812-4600ToAttorney(s) for19 of 19

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- COUNTY OF STANISLAUS vs SHAIBI, YEHIA AHMED QASSEM -

Aug 21, 2024 |CV-22-005038

CV-22-005038 - COUNTY OF STANISLAUS vs SHAIBI, YEHIA AHMED QASSEM - Plaintiff's Motion for Terminating and Monetary Sanctions Against Defendant Lion's Market and/or Its Counsel - GRANTED.The Court finds, in relation to Defendant’s protracted delay in submitting responses, and incomplete ones at that, to Plaintiff’s discovery propounded on Defendant as far back as in June 2023, and in failing to comply with the Court’s order of February 15, 2024, that Defendant’s said conduct amounts to abuse of the discovery process that warrants the imposition of terminating sanctions. (Code Civ. Proc. §§2023.030 (d) and (g), and 2023.010 (d)(1) and (d)(4).Defendant is aware of the Court’s order and yet has failed to comply with same. (Los Defensores, Inc. v. Gomez (2014) 223 Cal.App.4th 377; Liberty Mutual Fire Ins. Co. v. LcL Administrators, Inc. (2008) 163 Cal.App.4th 1093); Creed-21 v. City of Wildomar (2017) 18 Cal. App. 5th 690, review denied).Furthermore, the Court has, on at least two occasions, granted Defendant’s requests for additional time to respond to said discovery. “The court is not required to have infinite patience in these situations”. (Jerry's Shell v. Equilon Enterprises, LLC, (2005) 134 Cal. App. 4th 1058).Accordingly, Plaintiff’s motion is hereby granted.All of Defendant’s allegations in its First Amended Answer to Plaintiff’s Complaint, notably paragraphs 3-6 (p. 2, lines. 17-25) of Defendant’s First Amended Answer and its prayer for relief are hereby stricken. (Code Civ. Proc. §2023.030 (d)(1)). Default judgement is hereby rendered in Plaintiff’s favor.Monetary sanctions are issued in Plaintiff’s favor against Defendant and their Counsel Tyler Kelly Esq. for Plaintiff’s reasonable fees and costs in having to file this motion in the sum of $2,700 including prior sanctions of $900 if same remains unpaid. Said sanctions shall be paid to Plaintiff’s Counsel within fourteen (14) days of the date of this order.

Ruling

Heritage 21, LLC vs. Bramble, et al.

Aug 19, 2024 |22CV-0200645

HERITAGE 21, LLC VS. BRAMBLE, ET AL.Case Number: 22CV-0200645This matter is on calendar for status of dismissal. Defendants filed a Case Management Conference Statementindicating that the settlement terms have not been finalized and that there have been recent developments thatmay delay settlement. The matter is continued to Monday, October 7, 2024 at 9:00 a.m. in Department 63for status of the case. The parties are ordered to meet and confer to finalize the settlement. If a settlement willnot be finalized prior to the next hearing, the Court intends to set the matter for trial and expects that the partieswill have met and conferred regarding proposed dates for trial. No appearance is necessary on today’scalendar.

Ruling

Sol Selection, LLC vs. All persons unknown

Aug 25, 2024 |23CV-0203591

SOL SELECTION, LLC VS. ALL PERSONS UNKNOWNCase Number: 23CV-0203591This matter is on calendar for review regarding status of default judgment. On June 5, 2024, thisCourt issued its Ruling after a June 3, 2024 Default Prove Up hearing. The Court denied therequest to enter default judgment without prejudice. Nothing further has been filed. Anappearance is necessary on today’s calendar to provide the Court with a status of defaultjudgment.

Ruling

JAMES LATTIMORE AND CHERYL LATTIMORE INDIVIDUALLY AND AS TRUSTEES OF THE LATTIMORE FAMILY TRUST DATED SEPTEMBER 30 2004 vs. KEVIN JENNINGS DBA JENNINGS CONSTRUCTION et al

Aug 26, 2024 |22CV12749

No appearances are necessary. The hearing is vacated as the matter is set for trial.

Ruling

Aug 20, 2024 |CVRI2403157

B&B CARRIER, INC. VSCVRI2403157 PRELIMINARY INJUNCTIONEAST WEST BANKTentative Ruling: Deny motion.A motion for preliminary injunction must show (1) a probability of prevailing on the merits,and (2) that the balance of hardships favors issuance of the injunction. (O’Connell v. SuperiorCourt (2006) 141 Cal.App.4th 1452, 1463.) However, “[t]he applicant must demonstrate a realthreat of immediate and irreparable injury.” (Triple A. Machine Shop, Inc. v. State of California(1989) 213 Cal.App.3d 131, 138.)Here, Plaintiffs will suffer harm because they will lose real property. With regard toPlaintiff’s three causes of action for fraud, a preliminary injunction is neither requested noravailable as a remedy, even if Plaintiff is likely to or in fact, succeeds on the merits of said claims.(Cal. Civil Code § 3343.) The complaint makes no request for injunctive relief in any of the threefraud causes of action. (Complaint, ¶¶ 31, 38, and 44.) “In general, if the plaintiff may be fullycompensated by the payment of damages in the event he prevails, then preliminary injunctiverelief should be denied.” (Tahoe Keys Property Owners' Assn. v. State Water Resources ControlBd. (1994) 23 Cal.App.4th 1459, 1471.) Likewise, Cal. Civil Code § 3343, which covers damagesresulting from the fraudulent sale of property, does not list injunctive relief as an available remedy.Therefore, the fraud claims must not be considered when evaluating Plaintiff’s request for apreliminary injunction.Plaintiff’s fourth cause of action for breach of duty care, honesty, good faith fair dealingand disclosure is only brought against Defendants eXp realty and Robach who are not affiliatedwith the party against whom the preliminary injunction is being sought. Thus, the fourth cause ofaction, and any conduct by eXp Realty or Robach, cannot be considered either.This leaves only Plaintiff’s fifth cause of action for violations of the unfair competition lawas defined by Cal. Business and Professions Code § 17200, et seq. (“UCL”). Business &Professions Code §17200 prohibits any business act or practice that is unlawful, unfair, orfraudulent. A cause of action for violating this statute “borrows” actionable conduct and makes itindependently actionable under the UCL. (Smith v. State Farm (2001) 93 Cal.App.4th 700, 718.)Here, Plaintiff could “borrow” the actionable conduct from the fraud allegations to support his UCLclaim. But, given the deposition testimony that is attached to Bank’s opposition, Plaintiff is notlikely to succeed on his fraud claims. Mr. Butter, who is the owner and CEO of Plaintiff, statesseveral times that he did not discuss the permit issue with Mr. Suk or anyone from Bank prior tomissing his first payment and after the loan was funded. (Declaration of Thomas Robins, ¶ 3,Exhibit 1.)Moreover, relief under the UCL requires ongoing wrongful business conduct. (CaliforniaService Station etc. Assn. v. Union Oil Co. (1991) 232 Cal.App.3d 44, 56-57.) This would requireongoing wrongful business conduct that makes the foreclosure itself wrongful. Plaintiff alleges noongoing fraudulent conduct. The complaint alleges a potential single act that impacted the sale ofthe Property. Additionally, Plaintiff admits that it had defaulted on the loan. (Declaration ofParminder Singh Butter, ¶ 10.) That alone gives Bank the right to foreclose on the Property.Therefore, it is not likely that Plaintiff will succeed in proving that he reasonably relied on anystatements made by Bank or its employees or agents to support the fraud claim against Bank.

Ruling

34-2021-00305326-CU-OR-GDS

Aug 20, 2024 |Unlimited Civil (Other Real Property (not emin...) |34-2021-00305326-CU-OR-GDS

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54Tentative RulingDefendants/Cross-Complainants James Brian Putler and Brian Pifferini’s (“Defendants”) motionfor summary judgment, or in the alternative, motion for summary adjudication, is ruled upon asfollows.Plaintiffs’ counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4).The parties’ unopposed requests for judicial notice are granted for the limited scope whichjudicial notice is permitted.BackgroundThis is a boundary dispute between two neighbors. Plaintiffs/Cross-Defendants Michele andAaron Solomon (“Plaintiffs”) allege the following. In 1987, Plaintiffs purchased the real propertylocated at 2031 Maple Glen Road, Sacramento, California 95864 in the subdivision known asArden Oaks. At the time of the sale, 2031 Maple Glen was owned by the Williamses.Additionally, the Williamses also owned the adjacent property located at 2041 Maple Glen.Plaintiffs allege that the Williamses developed Arden Oaks. The two properties are divided by asplit rail fence that was installed when the properties were developed in 1950. The configurationof the fence creates an enclosed wedge-shaped area (“the Wedge”) measuring approximately1,571.11 square feet. With the current configuration, Plaintiffs have exclusive access to theWedge and have installed and maintained various improvements in the Wedge.Defendants are the current owners of 2041 Maple Glen. In 2020, Defendants notified Plaintiffsthat they had commissioned a survey that revealed that the fence was not the actual boundaryline. Defendants thus informed Plaintiffs that they intended to demolish the fence and erect anew fence along the boundary line that is consistent with their survey. The new fence woulddeprive Plaintiffs access to the Wedge.Defendants filed the instant motion for summary judgment on June 20, 2023. Plaintiffs opposedand moved for leave to file an amended complaint. The Court granted Plaintiffs’ motion, and onMarch 15, 2024, Plaintiffs filed a first amended complaint. On July 10, 2024, Defendants filed asecond amended notice of motion for summary judgment/adjudication. According toDefendants’ amended notice of motion, “Defendants are entitled to summary judgment as toPlaintiffs’ complaint because Plaintiffs are not entitled to a prescriptive easem*nt as a matter oflaw. Defendants are also entitled to summary judgment as [to] their cross-complaint becauseDefendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.”(Second Amended Notice 2:4-7.)Alternatively, Defendants argue they are entitled to summary adjudication as to the followingissues: Page 1 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54 Issue No. One - Plaintiffs’ first cause of action in their Complaint for declaratory relief fails because Plaintiffs are not entitled to a prescriptive easem*nt as a matter of law. Issue No. Two - Plaintiffs’ second cause of action in their Complaint for an injunction fails because Plaintiffs are not entitled to a prescriptive easem*nt as a matter of law. Issue No. Three – Defendants are entitled to summary adjudication as to their first cause of action to quiet title in their cross-complaint because Defendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt. Issue No. Four – Defendants are entitled to summary adjudication as to their second cause of action for declaratory relief in their cross-complaint because Defendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.(Id. 2:9-18.)Since Defendants filed the instant motion on June 20, 2023, Plaintiffs have filed an amendedpleading. Accordingly, Plaintiff’s original complaint, at which the motion is directed, is nolonger operative. On this basis the motion for summary judgment as to Plaintiffs’ complaint isDENIED. The motion for summary adjudication as to issue nos. 1 and 2, also directed at claimsin Plaintiffs’ complaint, is likewise DENIED.The Court now addresses whether Defendants are entitled to summary judgment as to their cross-complaint, or in the alternative, summary adjudication as to issue nos. 3 or 4.Undisputed Material Facts [“UMF”]Defendants assert UMF nos. 1-6 in support of their motion as to issue nos. 3 and 4.Plaintiffs own the residential home at 2031 Maple Glen Road. (UMF 1.) Defendants own theresidential home at 2041 Maple Glen Road. (UMF 2.) The properties are adjacent to each otherand share a fence-line composed of “a split rail fence, a taller solid fence, brick column, and achain-link fence.” (UMF 3.) Defendants claim the fence-line is not on the legal boundary lineand encroaches on Defendants’ property. (UMF 4.) Plaintiffs dispute, arguing the fence reflectsthe legal boundary, and aerial photographs as far back as 1953 reflect the current fencing is in thesame location as the original fencing placed by the developers.Plaintiffs submit Additional Material Facts [“AMF”] nos. 1-22 in opposition.To the extent the parties’ responses to UMFs purport to assert objections to evidence, suchobjections are overruled because CRC Rule 3.1354(b) states that objections to evidence shall beset forth in a separate document and must inter alia quote or set forth the objectionable statement Page 2 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54or material.Legal StandardIn evaluating a motion for summary judgment and/or summary adjudication, the Court engagesin a three-step process.First, the Court identifies the issues framed by the pleadings. The pleadings define the scope ofthe issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231Cal.App.3d 367, 381-382.) Because a motion for summary judgment is limited to the issuesraised by the pleadings (Lewis v. Chevron (2004) 119 Cal.App.4th 690, 694), all evidencesubmitted in support of or in opposition to the motion must be addressed to the claims anddefenses raised in the pleadings. The court cannot consider an unpleaded issue in ruling on amotion for summary judgment. (Roth v. Rhodes (1994) 25 Cal.App.4th 530, 541.) The papersfiled in response to a defendant’s motion for summary judgment or summary adjudication maynot create issues outside the pleadings and are not a substitute for an amendment to thepleadings. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334,1342.)Next, the Court must determine whether the moving party has met its burden. A defendantmoving for summary judgment bears the burden of persuasion that one or more elements of theplaintiff’s cause of action cannot be established, or that there is a complete defense to the causeof action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 [quoting Code Civ. Proc.,§ 437c, subd. (p)(2)].)Once the moving party has met its initial burden, the burden shifts to the opposing party to showthat a material factual issue exists as to the cause of action alleged or affirmative defenseclaimed. (Code Civ. Proc., § 437c, subd. (p); see, generally, Bush v. Parents without Partners(1993) 17 Cal.App.4th 322, 326-327.)Finally, in ruling on the motion, the Court must consider the evidence and inferences reasonablydrawn therefrom in the light most favorable to the opposing party. (Aguilar, supra, at 843.)Summary judgment is properly granted only if the moving party’s evidence establishes that thereis no issue of material fact to be tried. (Lipson v. Super. Ct. (1982) 31 Cal.3d 362, 374.)DiscussionIssues No. 3 and 4Defendants contend they are entitled to summary adjudication as to their first cause ofaction to quiet title in their cross-complaint because they own the Wedge and Plaintiffsdo not have a prescriptive easem*nt. Page 3 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54The first cause of action in the Cross-Complaint is premised on the following allegations: The area between the legal boundary and portions of a fence separating the properties forms a wedge. Fencing encloses the wedge area of the Property as though it is part of Cross-Defendants' property, thereby preventing Cross- Complainants access to that portion of their Property. On or around June 30, 2021, Cross-Complainants informed Cross-Defendants of their intent to tear down the fencing that separates their properties and erect a new fence along the legal boundary line between the properties. Cross-Defendants now contend that they have a prescriptive easem*nt over the wedge area.(Cross-Complaint ¶¶ 10-12.)A motion for summary judgment or adjudication is framed by the pleadings. Thepleadings define the scope of the issues on a motion for summary judgment or summaryadjudication. (FPI Dev. Inc., supra, at 381-382.) Because a motion for summaryjudgment or summary adjudication is limited to the issues raised by the pleadings (seeLewis, supra, at 694), all evidence submitted in support of or in opposition to the motionmust be addressed to the claims and defenses raised in the pleadings. Since Defendantsfiled the instant motion, Plaintiffs have filed an amended complaint, no longer asserting aprescriptive easem*nt theory. Because the motion for adjudication is directed at a claimthat is no longer being asserted, it must be DENIED.Similarly, Defendants contend they are entitled to summary adjudication as to theirsecond cause of action for declaratory relief in their cross-complaint because Defendantsown a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.The second cause of action in the Cross-Complaint is premised on the followingallegations: An actual controversy has arisen and now exists between Cross-Complainants and Cross-Defendants concerning their respective rights to the wedge area of the Property. Cross-Complainants assert that Cross-Defendants have no right to the wedge area of the Property. Cross-Defendants assert that they have a prescriptive easem*nt over the wedge area of the Property.(Cross-Complaint ¶ 17.)Again, the Cross-Complaint is premised on allegations Plaintiff is no longer asserting.Accordingly, the summary adjudication is DENIED.DispositionThe motion for summary judgment/adjudication is DENIED in its entirety, without prejudice, for Page 4 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54the foregoing reasons.The Court need not rule on Defendants’ objections to evidence as they were not material to theCourt’s disposition of the motion. (Code Civ. Proc. §437c(q).)The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 orfurther notice is required.NOTICE:Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on thiscalendar must comply with the following procedure:To request limited oral argument, on any matter on this calendar, you must call the Law andMotion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before thehearing and advise opposing counsel. At the time of requesting oral argument, the requestingparty shall leave a voice mail message: a) identifying themselves as the party requesting oralargument; b) indicating the specific matter/motion for which they are requesting oral argument;and c) confirming that it has notified the opposing party of its intention to appear and thatopposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If norequest for oral argument is made, the tentative ruling becomes the final order of the Court.Unless ordered to appear in person by the Court, parties may appear remotely eithertelephonically or by video conference via the Zoom video/audio conference platform with noticeto the Court and all other parties in accordance with Code of Civil Procedure §367.75. Althoughremote participation is not required, the Court will presume all parties are appearing remotely fornon-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear onZoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NOCOURTCALL APPEARANCES WILL BE ACCEPTED.Parties requesting services of a court reporter will need to arrange for private court reporterservices at their own expense, pursuant to Government code §68086 and California Rules ofCourt, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy forOfficial Reporter Pro Tempore available on the Sacramento Superior Court website athttps://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved OfficialReporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.pdf. Page 5 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to besigned by each party, the private court reporter, and the Judge prior to the hearing, if not using areporter from the Court’s Approved Official Reporter Pro Tempore list.Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiverand requests a court reporter, the party must submit a Request for Court Reporter by a Party witha Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearingor at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerkwill forward the form to the Court Reporter’s Office and an official reporter will be provided. Page 6 of 6

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Federal National Mortgage Association Fannie Mae A Corporation Organized And Existing Under The Laws Of The United States Of America v. Gloria Hernandez, Robinson Gonzalez

Mar 16, 2017 |John H. Rouse |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |604788/2017

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Nationstar Mortgage Llc v. Beth M Glennerster, Heath Glennerster, John Does And Jane Does

Jan 22, 2015 |James Hudson |Foreclosure (residential mortgage) |Foreclosure (residential mortgage) |600643/2015

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Reverse Mortgage Solutions, Inc. v. Marton Jansen, Secretary Of Housing And Urban Development, John Doe, Jane Doe

Mar 11, 2016 |Joseph A. Santorelli |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |603884/2016

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Finance Of America Reverse Llc v. Brian Joseph Dineen, As Trustee, Or His Successors In Trust, Under The Daniel J. Dineen Protection Trust, Dated May 9, 2017, United States Of America Acting On Behalf Of The Secretary Of Housing And Urban Development, New York State Department Of Taxation And Finance, United States Of American Acting On Behalf Of The Department Of Treasury - Internal Revenue Service, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises

Nov 09, 2023 |FORECLOSURE CONFERENCE JUSTICE |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |628329/2023

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Jan 17, 2018 |James Hudson |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |600957/2018

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Select Portfolio Servicing, Inc. v. U.S.A. Mortgage Bankers Of America, Inc.

Oct 25, 2017 |William B Rebolini |Real Property - Other (Discharge/Satisfied Mtg.) |Real Property - Other (Discharge/Satisfied Mtg.) |621094/2017

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The Bank Of New York Mellon F/K/A The Bank Of New York, As Trustee For The Certificateholders Of The Cwalt, Inc., Alternative Loan Trust 2006-Oc10, Mortgage Pass-Through Certificates, Series 2006-Oc10 v. Angelina Carcione, Mortgage Electronic Registration Systems, Inc., As Mortgagee, As Nominee For Wilmington Finance, Inc., Its Successors And Assigns; Slomin'S, Inc., People Of The State Of New York, Town Supervisor Of The Town Of Brookhaven, State Of New York, Maria Rodriguez

Jun 02, 2023 |Susan B |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |613991/2023

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Federal National Mortgage Association (Fannie Mae), A Corporation Organized And Existing Under The Laws Of The United States Of America v. John Madden, Commissioner Of Social Services Of Suffolk County, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein, And Any Parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises

Mar 26, 2018 |Thomas Whelan |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |605609/2018

SUMMONS + COMPLAINT April 05, 2016 (2024)

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