This case was last updated from Los Angeles County Superior Courts on 08/16/2020 at 07:21:05 (UTC).

JAE K. AN VS NATIONSTAR MORTGAGE LLC, ET AL.

Case Summary

On 11/01/2018 JAE K AN filed a Personal Injury - Other Personal Injury lawsuit against NATIONSTAR MORTGAGE LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3370

  • Filing Date:

    11/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

AN JAE K. AKA KELLY AHN

Los Angeles, CA 90005

Defendants

VERIPRO SOLUTIONS INC

NATIONSTAR MORTGAGE LLC

Attorney/Law Firm Details

Defendant Attorneys

ABOLIAN DALAR

WARNER STEVEN

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

11/6/2019: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

Declaration (name extension) - Declaration Of Nationstar Mortgage

1/17/2020: Declaration (name extension) - Declaration Of Nationstar Mortgage

Declaration (name extension) - Declaration of Veripro Solutions Inc

1/17/2020: Declaration (name extension) - Declaration of Veripro Solutions Inc

Request for Judicial Notice - Request for Judicial Notice

1/17/2020: Request for Judicial Notice - Request for Judicial Notice

Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue Trial and All Pretrial Dates

2/4/2020: Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue Trial and All Pretrial Dates

Order (name extension) - Order Proposed Order Continuing Trial Date and Pretrial Date

2/4/2020: Order (name extension) - Order Proposed Order Continuing Trial Date and Pretrial Date

Notice (name extension) - Notice NOTICE OF ERRATA RE NOTICE OF MOTION FOR SUMMARY JUDGMENT

3/5/2020: Notice (name extension) - Notice NOTICE OF ERRATA RE NOTICE OF MOTION FOR SUMMARY JUDGMENT

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration of Dalar Abolian iso MJOP

7/25/2019: Declaration (name extension) - Declaration of Dalar Abolian iso MJOP

Request for Judicial Notice - Request for Judicial Notice

7/25/2019: Request for Judicial Notice - Request for Judicial Notice

Proof of Personal Service - Proof of Personal Service

12/4/2018: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

12/4/2018: Proof of Personal Service - Proof of Personal Service

Notice of Ruling - Notice of Ruling

4/26/2019: Notice of Ruling - Notice of Ruling

Brief (name extension) - Brief Nationstar Mortgage Llc and Veripro Solutions Inc.s Supplemental Brief in Support of Motion to Set Aside Default

3/29/2019: Brief (name extension) - Brief Nationstar Mortgage Llc and Veripro Solutions Inc.s Supplemental Brief in Support of Motion to Set Aside Default

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

2/25/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

12/4/2018: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/4/2018: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

34 More Documents Available

 

Docket Entries

  • 11/04/2021
  • Hearing11/04/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 09/09/2020
  • Hearing09/09/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 08/17/2020
  • Hearing08/17/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

    Read MoreRead Less
  • 08/13/2020
  • DocketNotice OF NON-OPPOSITION TO DEFENDANT NATIONSTAR MORTGAGE LLC AND VERIPRO SOLUTIONS INC.?S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION; Filed by: Nationstar Mortgage LLC (Defendant); Veripro Solutions Inc (Defendant)

    Read MoreRead Less
  • 08/13/2020
  • DocketDeclaration OF STEVEN WARNER IN SUPPORT OF DEFENDANTS NATIONSTAR MORTGAGE LLC AND VERIPRO SOLUTIONS INC?S NOTICE OF NON-OPPOSITION TO MOTION FOR SUMMARY JUDGMENT; Filed by: Nationstar Mortgage LLC (Defendant); Veripro Solutions Inc (Defendant)

    Read MoreRead Less
  • 08/13/2020
  • DocketUpdated -- Steven Warner (Attorney): Organization Name changed from REED SMITH LLP to Reed Smith LLP

    Read MoreRead Less
  • 08/13/2020
  • DocketAddress for Steven Warner (Attorney) updated

    Read MoreRead Less
  • 06/25/2020
  • DocketNotice of assignment of interest; Filed by: Jae K. An (Plaintiff)

    Read MoreRead Less
  • 05/15/2020
  • DocketNotice of Appearance; Filed by: Veripro Solutions Inc (Defendant)

    Read MoreRead Less
  • 04/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
55 More Docket Entries
  • 11/01/2018
  • DocketRequest to Waive Court Fees; Filed by: Jae K. An (Plaintiff)

    Read MoreRead Less
  • 11/01/2018
  • DocketComplaint; Filed by: Jae K. An (Plaintiff); As to: Nationstar Mortgage LLC (Defendant); Veripro Solutions Inc (Defendant)

    Read MoreRead Less
  • 11/01/2018
  • DocketUpdated -- Amended Complaint (2nd): Status Date changed from 11/13/2019 to 11/01/2018

    Read MoreRead Less
  • 11/01/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/01/2018
  • DocketNon-Jury Trial scheduled for 04/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/01/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 11/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 11/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Jae K. An (Plaintiff)

    Read MoreRead Less
  • 11/01/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Jae K. An (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC13370    Hearing Date: August 17, 2020    Dept: 25

HEARING DATE: Mon., August 17, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: An v. Nationstar Mortgage, LLC, et al. COMPL. FILED: 11-01-18

CASE NUMBER: 18STLC13370 DISC. C/O: 08-10-20

NOTICE: OK DISC. MOT. C/O: 08-25-20

TRIAL DATE: 09-09-20

PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

MOVING PARTY: Defendants Nationstar Mortgage, LLC and Veripro Solutions, Inc.

RESP. PARTY: None

MOTION FOR SUMMARY JUDGMENT

(CCP § 437c)

TENTATIVE RULING:

Defendants Nationstar Mortgage, LLC and Veripro Solutions, Inc.’s Motion for Summary Judgment is PLACED OFF CALENDAR. Plaintiff is ordered to appear at the hearing to discuss the status of service of the First Amended Complaint and the reasons a Second Amended Complaint was filed without the Court’s permission. Defendants must also be prepared to discuss the reasons the instant Motion for Summary Judgment was filed without first having filed an answer.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 13, 2020 [ ] Late [X] None

REPLY: None filed as of August 13, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 1, 2018, Plaintiff Jae K. An (“Plaintiff”) filed an action, in pro per, for intentional infliction of emotional distress against Defendants Nationstar Mortgage, LLC (“Nationstar”) and Veripro Solutions, Inc. (“Veripro”) (collectively, Defendants”). Plaintiff obtained defaults against Defendants; however, they were later vacated by the Court due to improper service of process. (4/24/19 Minute Order.) On April 26, 2020, Defendants filed an Answer.

On July 24, 2019, Plaintiff filed a First Amended Complaint (“FAC”), which added a cause of action for unfair debt collection practices. The following day, on July 25, 2019, Defendants filed a Motion for Judgment on the Pleadings. On November 6, 2019, the Court denied Defendants’ motion. (11/6/19 Minute Order.) In doing so, the Court noted that Plaintiff was entitled to file an amended complaint once without leave of court under Code of Civil Procedure section 472, found that Plaintiff had exercised that right, and deemed the FAC properly filed. (Id.) On November 13, 2019, without the Court’s permission, Plaintiff filed a seemingly identical Second Amended Complaint (the “SAC”), with the exception that the SAC included a verification and several legal definitions. (SAC, p. 9.) Plaintiff has not filed any proofs of service demonstrating the amended pleadings were properly served on Defendants, and Defendants have not filed an answer to the FAC or the SAC.

On January 17, 2020, Defendants filed the instant Motion for Summary Judgment or, in the Alternative, Summary Adjudication (the “Motion”). To date, no opposition has been filed.

  1. Procedural History

As an initial matter, the Court notes that Plaintiff filed the SAC without the Court’s permission. Although leave to amend is liberally granted, Plaintiff was still required to obtain leave of Court before filing his SAC. (Code Civ. Proc., § 472, subd. (a); Hedwall v. PCMB, LLC (2018) 22 Cal.App.5th 564, 578-79.)

In addition, a copy of an amended complaint must be filed and served on the defendants affected thereby, who will thereafter have 30 days after service thereof to file an answer. (Code Civ. Proc., § 471.5, subd. (a).) (Italics added.) Here, Plaintiff failed to file a proof of service demonstrating any of its amended pleadings were properly served on Defendants. Thus, the Court cannot determine whether Defendants’ obligation to respond within 30 days of service has been triggered. (Id.)

Confusingly, Defendants filed the instant Motion without filing an answer to the FAC the Court deemed the operative complaint (11/6/19 Minute Order) or to the SAC. As noted above, Plaintiff has not demonstrated proper service of any amended complaint on Defendants. But by filing the instant Motion, Defendants, in effect, admit they were served with an amended complaint. (See, Mot., p. 6:14-23.) If Defendants were properly served, their failure to deny the amended complaint’s allegations essentially admit as true all of Plaintiff’s material allegations. (Code Civ. Proc., § 431.30, subd. (a).)

For these reasons, the Court cannot make a ruling on Defendants’ Motion for Summary Judgment at this time and is thus PLACED OFF CALENDAR. In addition, to begin resolving the issues noted above, Plaintiff is ordered to appear at the hearing to discuss the status of service of the FAC, the operative Complaint, and the reasons the SAC was filed without leave of court. Defendants must also be prepared to discuss the reasons the instant Motion for Summary Judgment was filed without first having filed an answer.

  1. Conclusion & Order

For the foregoing reasons, Defendants Nationstar Mortgage, LLC and Veripro Solutions, Inc.’s Motion for Summary Judgment is PLACED OFF CALENDAR. Plaintiff is ordered to appear at the hearing to discuss the status of service of the First Amended Complaint and the reasons a Second Amended Complaint was filed without the Court’s permission. Defendants must also be prepared to discuss the reasons the instant Motion for Summary Judgment was filed without first having filed an answer.

Moving party is ordered to give notice.

Case Number: 18STLC13370    Hearing Date: November 06, 2019    Dept: 94

An v. Nationstar, et al.

MOTION FOR JUDGMENT ON THE PLEADINGS AS TO COMPLAINT

(CCP § 438)

TENTATIVE RULING:

For the reasons stated below, Defendants Nationstar Mortgage LLC and Veripro Solutions, Inc.’s Motion for Judgment on the Pleadings as to the Complaint is DENIED AS MOOT.

ANALYSIS:

I. Background

On November 11, 2018, Plaintiff Jae K. An aka Kelly Ahn (“Plaintiff”) filed a Complaint for intentional infliction of emotional distress (“IIED”) against Defendants Nationstar Mortgage LLC and Veripro Solutions, Inc. (collectively, “Defendants”). Default and default judgment were subsequently entered against Defendants, but the Court vacated them in April 2019. Plaintiff then filed a First Amended Complaint (“FAC”) on July 24, 2019 alleging (1) IIED and (2) violation of the federal Fair Debt Collection Practices Act and the Rosenthal Fair Debt Collection Practices Act. Perhaps not knowing that the FAC had been filed, Defendants filed the instant Motion for Judgment on the Pleadings as to the Complaint (the “Motion”) on July 25. Plaintiff then filed an Opposition on October 25 without addressing the fact that he had filed a FAC.

II. Discussion

Plaintiff is entitled to file an amended complaint once without leave of court under CCP § 472(a). Plaintiff has exercised such right here. Accordingly, the Court deems the FAC as properly filed. “‘The filing of the first amended complaint rendered [the defendant]’s [motion for judgment on the pleadings] moot since ‘‘an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading. [Citations.]’ [Citation.]’’ [Citation.]” (People ex rel. Strathmann v. Acacia Research Corp. (2012) 210 Cal.App.4th 487, 506.) For this reason, the Motion is MOOT.

III. Conclusion & Order

In light of the foregoing, the Motion is DENIED AS MOOT. If Plaintiff has not served the FAC on Defendant, and Defendant wishes for Plaintiff to serve the FAC, Plaintiff is ordered to do so within 7 days of this Order.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.