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.
*******3739
12/03/2013
Disposed - Dismissed
Bf Sisk Courthouse
Fresno, California
Simpson, Alan
Ikeda, Dale
Snauffer, Mark
Smith, M. Bruce
Montoya, Vincent
Montoya, Rosemary
Vincent and Rosemary Montoya
EMC Mortgage LLC
JPMorgan Chase Bank, N.A.
U.S. Bank National Association
Mortgage Electronic Registration Systems Inc
Quality Loan Service Corp
Barak, Danny A
United Law Center 3013 Douglas Blvd, Ste 200
Roseville, CA 95661
Sorich, John M.
Minute Order Attachment
Declaration Filed; Comment: of Danny A Barak in support of plaintiffs' ex parte application
Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached
Order filed; Judicial Officer: Simpson, Alan; Comment: Order On Request For Pretrial Discovery Conference
Order Appointing Court Approved Reporter; Judicial Officer: Simpson, Alan
Minute Order Attachment (Tentative Rulings Only); Comment: Clerk's Certificate of Mailing attached
Request for Pre-Trial Discovery filed; Comment: sent to 503
Order Signed and Filed; Judicial Officer: Simpson, Alan; Comment: Order granting trial dates to be continued signed by Judge Simpson
Substitution of Attorney Filed; Comment: Old Attorney:Alvarado, Smith New Attorney:John Sorich
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 fil; Comment: Forwarded to 503
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; 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
Proof of Service; Comment: re: plaintiffs' ex parte application
Declaration Filed; Comment: of Vincent Montoya in support of plaintiffs' opposition to defendants' motion for summary judgment
Objection filed; Comment: plaintiffs' objections to evidence in support of plaintiffs' opposition to defendants motion for summary judgment
Notice Filed; Comment: of Errata re Defendant U.S. Bank National Association's Substitution of Attorney filed 6/19/2016
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
Jury Trial- Judicial Officer: Snauffer, Mark; Hearing Time: 9:00 AM; Cancel Reason: Dismissed
Trial Readiness- Judicial Officer: Snauffer, Mark; Hearing Time: 9:30 AM; Cancel Reason: Dismissed
Mandatory Settlement Conference- Hearing Time: 10:00 AM; Cancel Reason: Dismissed
Request for Dismissal Received - Pending Review- 1803147_156PLAReques; Comment: Plaintiffs' Request for Dismissal
Notice Filed- 32669 - notice.pdf; Comment: of Entry of Order Approving Joint Stipulation to Continue Mandatory Settlement Conference, Tr
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
Chambers Work- Pre- Judicial Officer: Simpson, Alan; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration
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
Minute Order Attachment (Tentative Rulings Only)- Minute Order Attachment (Tentative Rulings Only); Comment: Clerk's Certificate of Mailing attached.
Financial: EMC Mortgage LLC; Total Financial Assessment $1,445.00; Total Payments and Credits $1,445.00
Financial info for Montoya, Vincent: Counter Payment Receipt # CIVIL-2016-00021338 1st Priority Attorney Service Inc $60.00
Financial info for Montoya, Vincent: Transaction Assessment $60.00
Financial info for Montoya, Vincent: Counter Payment Receipt # CIVIL-2016-00010280 Rapid Legal $60.00
Financial info for Montoya, Vincent: Transaction Assessment $60.00
Financial info for Montoya, Vincent: Counter Payment Receipt # 188292 Montoya, Vincent $150.00
Financial info for Montoya, Vincent: Transaction Assessment $150.00
Financial info for Montoya, Vincent: Counter Payment Receipt # 184714 Montoya, Vincent $435.00
Financial info for Montoya, Vincent: Transaction Assessment $435.00
Financial: Montoya, Vincent; Total Financial Assessment $705.00; Total Payments and Credits $705.00
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