This case was last updated from Los Angeles County Superior Courts on 03/05/2016 at 16:05:34 (UTC).

GARY L. MCKENZIE VS. ANTHONY BUSTAMANTE, ET. AL

Case Summary

On 03/11/2013 GARY L MCKENZIE filed a Property - Other Property Fraud lawsuit against ANTHONY BUSTAMANTE. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judges overseeing this case are BRIAN S. CURREY, WILLIAM BARRY and KELVIN D. FILER. The case status is Disposed - Judgment Entered.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****7368

  • Filing Date:

    03/11/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Compton Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BRIAN S. CURREY

WILLIAM BARRY

KELVIN D. FILER

 

Party Details

Plaintiff

MCKENZIE GARY L.

Defendants and Cross Defendants

1STAMERICAN TITLE COMPANY

BUSTAMANTE ANTHONY

FUENTES SUSAN

JL FINANCIAL LLC

KATZ LENDING

MAGNA CAPITAL GROUP

MARQUEZ DIANE

MONTEREY MORTGAGE

MS ESCROW SERVICES

PACIFIC COAST TITLE COMPANY

PETROLIA AVENUE LOAN LLC

PETROLLA AVENUE LLC

RAVA CAPITAL

RIVERA HENRY

RODEO CAPITAL

SERRANO HENRY

UNKNOWN CORPORATE ENTITIES

ROES 1 - 50

Defendant and Cross Plaintiff

PETROLIA AVENUE LOAN LLC

Not Classified By Court

HAVEN VIEW ESCROW

4 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

THE TYM FIRM

MAUREEN C. TAYLOR

Defendant and Cross Plaintiff Attorneys

GARRETT & TULLY P.C.

NOVAK LOUIS C. LAW OFFICES OF

GERACI LAW FIRM APC

RILEY & ASSOCIATES CA/NV

JAY S. BELSHAW ESQ.

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 03/04/2016
  • Notice (OF ERRATA RE: REPLY BY DEF AND X-COMPLAINANT PETROLIA AVE LOAN LLC TO PLNTF GRAY MCKENZIE'S OPPOSITION TO MTN FOR ATTORNEY FEES ) Filed by Attorney for Defendant

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  • 03/03/2016
  • Reply (TO PLNTF OPPOSITION TO MTN FOR ATTORNEY FEES ) Filed by Attorney for Defendant

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  • 02/29/2016
  • Declaration (OF JOSH LAZAR IN SUPPORT OF SECOND AMENDED MEMO OF COSTS ) Filed by Attorney for Defendant

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  • 02/29/2016
  • Memorandum of Costs Filed by Attorney for Defendant

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  • 02/18/2016
  • Notice of Change of Address Filed by Attorney for Plaintiff

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  • 02/17/2016
  • Notice (OF CONTINUANCE OF DEFENDANT PETROLIA AVENUE LOAN LLC'S MOTION FOR ATTORNEY'S FEES ) Filed by Atty for Defendant and Cross-Compl

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  • 02/16/2016
  • Opposition (TO MTN FOR ATTORNEYS FEES ) Filed by Attorney for Plaintiff

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  • 02/05/2016
  • Order (ORDER RE: STIPULATION PERMITTING DEFENDANT AND CROSS-COMPLAINANT PETROLIA AVENUE LOAN LLC TO FILE A SECOND AMENDED MEMORANDUM OF COSTS ) Filed by Atty for Defendant and Cross-Compl

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  • 02/05/2016
  • Stipulation (STIPULATION PERMITTING DEFENDANT AND CROSS-DEFENDANANT PETROLIA AVENUE LOAN LLC TO FILE A SECOND AMENDED MEMORANDUM OF COSTS ) Filed by Atty for Defendant and Cross-Compl

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  • 01/20/2016
  • Ntc to Reptr/Mon to Prep Transcrpt Filed by Clerk

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202 More Docket Entries
  • 04/25/2013
  • Reply (TO NON-OPPOSITION ) Filed by Attorney for Defendant

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  • 04/19/2013
  • Substitution of Attorney Filed by Attorney for Plaintiff

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  • 04/15/2013
  • Defendant's Demurrer Filed by Attorney for Defendant

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  • 04/12/2013
  • Defendant's Demurrer Filed by Attorney for Defendant

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  • 04/12/2013
  • Motion to Strike Filed by Attorney for Defendant

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  • 04/10/2013
  • Notice (of special appearance by deft. Petrolia Ave. Loan, Katz Lending, Rodeo Capital & Rava Capital & motion to quash ) Filed by Attorney for Defendant

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  • 03/14/2013
  • Notice (OF HEARING ON TEMPORARY RESTRAIN ING ORDER ) Filed by Attorney for Plaintiff

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  • 03/11/2013
  • Summons Filed

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  • 03/11/2013
  • Application for TRO Filed by Attorney for Plaintiff

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  • 03/11/2013
  • Complaint Filed

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Tentative Rulings

Case Number: TC027368    Hearing Date: March 10, 2020    Dept: A

# 7. Gary McKenzie v. Anthony Bustamante, et al.

Case No.: TC027368

Matter on calendar for: Motion to Compel Disclosure of Settlement Terms

Tentative ruling:

  1. Background

    This is a quiet title action wherein Plaintiff Gary McKenzie alleges he is the rightful owner of the property at 1000–1008 and 1018–1022 South Petrolia Avenue, Compton, California 90221. Plaintiff alleges that Defendant Anthony Bustamante conveyed the property to Plaintiff, so Defendant Bustamante’s subsequent conveyance to Defendant Petrolla Avenue, LLC, was void. The issue is that the deed which purportedly conveyed the property from Bustamante to Plaintiff spelled Bustamante’s name as Bustamonte instead of Bustamante, so it did surface during the title search.

    There are three defendant entities with similar names: (1) Petrolia Avenue Loan, LLC (“Petrolia Loan”), (2) Petrolia Owner, LLC, (“Petrolia Owner”), and (3) Petrolla Avenue, LLC (“Petrolla”). Petrolia Loan made a $1,200,000 loan to Petrolla, secured by the property, that allowed Petrolla to purchase the property from Bustamante on November 7, 2011. Before making the loan, Petrolia Loan obtained a title report from Pacific Coast Title Company. A final title report was obtained after the loan closed. Petrolla stopped making payments on August 5, 2012, resulting in Petrolia Loan recording a Notice of Default on December 14, 2012. Plaintiff then entered the picture and claimed the property was conveyed to him under an October 20, 2011 grant deed. Plaintiff filed this action on March 11, 2013, seeking to declare the conveyance to Petrolla void. In October 2017, Petrolia Loan assigned the Note and Deed to Petrolia Owner, making Petrolia Owner the current beneficiary under the loan.

    The action proceeded to a bench trial in October 2014, where the Court found Petrolla to be the rightful owner. However, Petrolla had already been dismissed from the action, resulting in the Court of Appeal determining that the trial court proceedings were void for lack of an indispensable party.

    The Fourth Amended Complaint (“FAC”) contains a single cause of action for Quiet Title. Petrolia Owner’s Second Amended Cross-Complaint (“SACC”) contains causes of action for: (1) Declaratory Relief, (2) Equitable Subrogation, and (3) Equitable Lien. Defendant Susan Fuentes now moves to compel discovery of the Petrolla settlement agreement

  2. Analysis

Defendant Fuentes filed the motion on February 19, 2020. Code of Civil Procedure § 1005(b) requires all motions to be filed and served at least 16 court days in advance of the hearing, which in this case would have been February 14, 2020. Sixteen court days from February 19, 2020, is March 12, 2020.

The motion must be continued. Defendant Fuentes is to re-serve her motion on all parties in compliance with Section 1005(b).

  1. Ruling

    Defendant Fuentes is to re-serve the motion on all parties with sufficient notice.

    Next dates:

    Notice: