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Case Summary
Case Details
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Case Number:
*******3739
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Filing Date:
12/03/2013
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Case Status:
Disposed - Dismissed
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Case Type:
Property - Other Real Property
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Courthouse:
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County, State:
Fresno, California
Judge Details
Judges
Simpson, Alan
Ikeda, Dale
Snauffer, Mark
Smith, M. Bruce
Hamilton, Jeffrey Y.
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
1626854_000RJNISOOpp; Comment: Plaintiffs' Request for Judicial Notice in support of Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings
Letter of Documents Returned Without Filing; Comment: Plaintiffs' Notice of Change of Address
Proof of Service; Comment: MPA,Response, Statement, Evidentiary Objections, DF, DF
Notice of Motion; Comment: and Motion for: Summary Judgment or in the Alternative Summary Adjudication
1626854_274PAsISOOpp; Comment: Plaintiffs' Memorandum of Points and Authorities in support of Opposition to Defendants' Motion for Judgment on the Pleadings
Notice Filed; Comment: of Ruling on Ex Parte Application for Order to Specially Set Date to Hear Motion to Compel Responses to Supplemental Interrogatories and Supplemental Requests for Production
Statement filed; Comment: of Defendant in Response to Plaintiffs' Ex Parte Application for an Order Continuing the Trial Date and Discovery Cut-Off
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
Declaration Filed; Comment: of Mariel Gerlt-Ferraro in Support of Reply to Opposition to Motion for Summary Judgment, or in the Alternative Summary Adjudication as to Plaintiffs' Complaint
11/14/2017: 1803147_156PLAReques
10/19/2017: 32669 - notice.pdf
10/12/2017: Stipulation and Order to Continue Trial filed
10/06/2017: Stipulation and Order
07/19/2017: Minute Order Attachment (Tentative Rulings Only)
07/12/2017: Order Appointing Court Approved Reporter
07/12/2017: Minute Order Attachment
06/15/2017: Reply
06/15/2017: Objection
Docket Entries
- 11/21/2019
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FinancialFinancial info for Montoya, Rosemary: Counter Payment Receipt # CIVIL-2019-00014288 Montoya, Rosemary $23.50
- 11/21/2019
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FinancialFinancial info for Montoya, Rosemary: Transaction Assessment $23.50
- 11/21/2019
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FinancialFinancial: Montoya, Rosemary; Total Financial Assessment $23.50; Total Payments and Credits $23.50
- 04/30/2018
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DocketJury Trial; Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 9:00 AM; Cancel Reason: Dismissed
- 04/27/2018
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DocketTrial Readiness; Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 9:30 AM; Cancel Reason: Dismissed
- 04/10/2018
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DocketMandatory Settlement Conference; Hearing Time: 10:00 AM; Cancel Reason: Dismissed
- 11/14/2017
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DispositionDisposition: Judgment; 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
- 11/14/2017
- View Court Documents
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DocketRequest for Dismissal Received - Pending Review; Comment: Plaintiffs' Request for Dismissal
- 10/19/2017
- View Court Documents
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DocketNotice Filed; Comment: of Entry of Order Approving Joint Stipulation to Continue Mandatory Settlement Conference, Tr
- 10/12/2017
- View Court Documents
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DocketStipulation 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
- 12/30/2013
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DocketPOS of summons & comp personal; Comment: Proof of service of summons and complaint filed showing personal service on Quality Loan Service Corp on 12/11/2013 . le
- 12/03/2013
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FinancialFinancial info for Montoya, Vincent: Counter Payment Receipt # 184714 Montoya, Vincent $435.00
- 12/03/2013
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FinancialFinancial info for Montoya, Vincent: Transaction Assessment $435.00
- 12/03/2013
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FinancialFinancial: Montoya, Vincent; Total Financial Assessment $705.00; Total Payments and Credits $705.00
- 12/03/2013
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DocketNotice of Case Mgnt Conf; Comment: Docket entry for the letter produced from CSAEVNT on 03-DEC-2013 by LESPARZA.
- 12/03/2013
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DocketPayment; Comment: A Payment of -$435.00 was made on receipt CVCE184714.
- 12/03/2013
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DocketSummons filed; Comment: Summons on Complaint filed. le
- 12/03/2013
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DocketZ_Conversion; Comment: le Event: Civil complaint filed
- 12/03/2013
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DocketCivil case cover sheet; Comment: Civil Case Cover Sheet
- 12/03/2013
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DocketZ_Conversion; Comment: Event: New Civil Case Filed
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
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