This case was last updated from Fresno County Superior Courts on 03/06/2018 at 12:55:21 (UTC).

XXXXX

Case Summary

On 12/03/2013 XXXXX was filed as a Property - Other Real Property lawsuit. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Simpson, Alan, Ikeda, Dale, Snauffer, Mark and Smith, M. Bruce. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3739

  • Filing Date:

    12/03/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Simpson, Alan

Ikeda, Dale

Snauffer, Mark

Smith, M. Bruce

 

Party Details

Plaintiffs

Montoya, Vincent

Montoya, Rosemary

Vincent and Rosemary Montoya

Defendants

EMC Mortgage LLC

JPMorgan Chase Bank, N.A.

U.S. Bank National Association

Mortgage Electronic Registration Systems Inc

Quality Loan Service Corp

Attorney/Law Firm Details

Plaintiff Attorney

Barak, Danny A

United Law Center 3013 Douglas Blvd, Ste 200

Roseville, CA 95661

Defendant Attorney

Sorich, John M.

 

Court Documents

Minute Order Attachment

Minute Order Attachment

Declaration Filed

Declaration Filed; Comment: of Danny A Barak in support of plaintiffs' ex parte application

Minute Order Attachment

Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached

Order filed

Order filed; Judicial Officer: Simpson, Alan; Comment: Order On Request For Pretrial Discovery Conference

Order Appointing Court Approved Reporter

Order Appointing Court Approved Reporter; Judicial Officer: Simpson, Alan

Minute Order Attachment (Tentative Rulings Only)

Minute Order Attachment (Tentative Rulings Only); Comment: Clerk's Certificate of Mailing attached

Request for Pre-Trial Discovery filed

Request for Pre-Trial Discovery filed; Comment: sent to 503

Order Signed and Filed

Order Signed and Filed; Judicial Officer: Simpson, Alan; Comment: Order granting trial dates to be continued signed by Judge Simpson

Substitution of Attorney Filed

Substitution of Attorney Filed; Comment: Old Attorney:Alvarado, Smith New Attorney:John Sorich

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in support of plaintiff's ex parte application for order to continue trial

Opposition to Request for Pre-Trial Discovery filed

Opposition to Request for Pre-Trial Discovery fil; Comment: Forwarded to 503

Reply filed

Civil Document; Comment: to Plaintiff's Response to Defendants' Seperate Statement and Response to Plaintiffs Statement of Disputed Material Facts in Opposition of Motion for SUmmary Judgment, or in the ALternative Summary Adjudication

Response filed

Response filed; Comment: to Evidentiary Objections Submitted by Plaintiffs in Support of Opposition to Motion for Summary Judgment, or in the ALternative Summary Adjudication as to Plaintiffs' Complaint

Memorandum of Points and Authorities

Memorandum of Points and Authorities

Proof of Service

Proof of Service; Comment: re: plaintiffs' ex parte application

Declaration Filed

Declaration Filed; Comment: of Vincent Montoya in support of plaintiffs' opposition to defendants' motion for summary judgment

Objection filed

Objection filed; Comment: plaintiffs' objections to evidence in support of plaintiffs' opposition to defendants motion for summary judgment

Notice Filed

Notice Filed; Comment: of Errata re Defendant U.S. Bank National Association's Substitution of Attorney filed 6/19/2016

59 More Documents Available

 

Docket Entries

  • 11/14/2017
  • View Court Documents
  • Disposition: Judgment- Request for Dismissal filed; Judgment Type: Request for Dismissal filed; Party Names: Montoya, Vincent; Montoya, Rosemary; EMC Mortgage LLC; JPMorgan Chase Bank, N.A.; U.S. Bank National Association; Mortgage Electronic Registration Systems Inc; Quality Loan Service Corp; Vincent and Rosemary Montoya; Comment: With Prejudice

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  • 04/30/2018
  • Jury Trial- Judicial Officer: Snauffer, Mark; Hearing Time: 9:00 AM; Cancel Reason: Dismissed

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  • 04/27/2018
  • Trial Readiness- Judicial Officer: Snauffer, Mark; Hearing Time: 9:30 AM; Cancel Reason: Dismissed

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  • 04/10/2018
  • Mandatory Settlement Conference- Hearing Time: 10:00 AM; Cancel Reason: Dismissed

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  • 11/14/2017
  • View Court Documents
  • Request for Dismissal Received - Pending Review- 1803147_156PLAReques; Comment: Plaintiffs' Request for Dismissal

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  • 10/19/2017
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  • Notice Filed- 32669 - notice.pdf; Comment: of Entry of Order Approving Joint Stipulation to Continue Mandatory Settlement Conference, Tr

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  • 10/12/2017
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  • Stipulation and Order to Continue Trial filed- Stipulation and Order to Continue Trial filed; Judicial Officer: Simpson, Alan; Comment: JT to 04/30/2018 at 9:00 AM in Dept. # 501 TRR to 04/27/2018 at 9:30 AM in Dept. # 501 MSC to 04/10/2018 at 10:00 AM in RM. # 575 Signed by Judge Simpson

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  • 10/10/2017
  • Chambers Work- Pre- Judicial Officer: Simpson, Alan; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 10/06/2017
  • View Court Documents
  • Order Received for Signature- Stipulation and Order; Comment: Forwarded to: Dept. 503 Order for: Continue MSC, Trial date and all related dates Forwarded to 4th floor clerk's office for further processing

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  • 07/19/2017
  • View Court Documents
  • Minute Order Attachment (Tentative Rulings Only)- Minute Order Attachment (Tentative Rulings Only); Comment: Clerk's Certificate of Mailing attached.

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158 More Docket Entries
  • 01/09/2014
  • Financial: EMC Mortgage LLC; Total Financial Assessment $1,445.00; Total Payments and Credits $1,445.00

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  • 06/13/2016
  • Financial info for Montoya, Vincent: Counter Payment Receipt # CIVIL-2016-00021338 1st Priority Attorney Service Inc $60.00

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  • 06/13/2016
  • Financial info for Montoya, Vincent: Transaction Assessment $60.00

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  • 03/21/2016
  • Financial info for Montoya, Vincent: Counter Payment Receipt # CIVIL-2016-00010280 Rapid Legal $60.00

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  • 03/21/2016
  • Financial info for Montoya, Vincent: Transaction Assessment $60.00

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  • 03/20/2014
  • Financial info for Montoya, Vincent: Counter Payment Receipt # 188292 Montoya, Vincent $150.00

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  • 03/20/2014
  • Financial info for Montoya, Vincent: Transaction Assessment $150.00

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  • 12/03/2013
  • Financial info for Montoya, Vincent: Counter Payment Receipt # 184714 Montoya, Vincent $435.00

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  • 12/03/2013
  • Financial info for Montoya, Vincent: Transaction Assessment $435.00

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  • 12/03/2013
  • Financial: Montoya, Vincent; Total Financial Assessment $705.00; Total Payments and Credits $705.00

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Complaint Information

law. (Complaint, 9 40.)

On or about December 30, 2011, an assignment of deed of trust was recorded, which memorialized in the public record, the transfer of all beneficial interest in the DOT to U.S. Bank as successor trustee for the Trust. (RJN, Exhibit 2 attached thereto.)

Thereafter, the trustee under the Deed of Trust recorded a Notice of Default and Election to Sell on the Property. (RJN, Exhibit 3 attached thereto.) A Notice of Trustee’s Sale was recorded on April 3, 2012; and a second Notice of Trustee’s Sale was recorded on April 4, 2012. (RJIN, Exhibits 4-5 attached thereto.) Plaintiffs allege that on or about May 3, 2012, the Property was sold at a non- judicial foreclosure sale. (Complaint, 4 97.) A Trustee’s Deed Upon Sale was recorded on May 22, 2012. (RJN, Exhibit 6 attached thereto).

III. LAW GOVERNING MOTIONS FOR JUDGMENT ON THE PLEADINGS

Under Code of Civil Procedure, § 438(c)(1)(B)(i1), a defendant may move for judgment on the pleadings where “[t]he complaint does not state facts sufficient to constitute a cause of action...” The enactment of section 438 was a codification of the common law motion for judgment on the pleadings which the California Supreme Court has held remains in effect. (Gerawan Farming, Inc. v. Lyons (2000) 24 Cal. 4th 468, 482, fn. 2.)

A defendant’s motion for judgment on the pleadings may be made after the time to demur has expired and an answer has been filed. (Code Civ. Proc., § 438(1)(2).) Moreover, “[a] motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.” (Stoops v. Abbassi (2002) 100 Cal. App. 4th 644, 650; see Lucas v. County of Los Angeles (1996) 47 Cal. App. 4th 277, 284-285 [granting in limine motion for judgment on the pleadings held to be a proper exercise of court’s inherent powers to control litigation]; see also Code Civ. Proc., § 430.80 [grounds for general demurrer are never waived].)

A motion for judgment on the pleadings “ha[s] the purpose and effect of a general demurrer.” (Kortmeyer v. California Ins. Guarantee Assn. (1992) 9 Cal. App. 4th 1285, 1293.) As the California Supreme Court held in Smiley v. Citibank (1995) 11 Cal. 4th 138, at 145:

In ruling on a common law motion for judgment on the pleadings made by a defendant, a trial court determines what has been called a pure question of law (Citations omitted), but what is in fact a mixed question of law and fact that is predominantly legal: Does the plaintiff’s complaint state facts

2 NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS; MEMORANDUM