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.
****7368
03/11/2013
Disposed - Judgment Entered
Los Angeles County Superior Courts
Compton Courthouse
Los Angeles, California
BRIAN S. CURREY
WILLIAM BARRY
KELVIN D. FILER
MCKENZIE GARY L.
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
PETROLIA AVENUE LOAN LLC
HAVEN VIEW ESCROW
THE TYM FIRM
MAUREEN C. TAYLOR
GARRETT & TULLY P.C.
NOVAK LOUIS C. LAW OFFICES OF
GERACI LAW FIRM APC
RILEY & ASSOCIATES CA/NV
JAY S. BELSHAW ESQ.
Court documents are not available for this case.
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
Reply (TO PLNTF OPPOSITION TO MTN FOR ATTORNEY FEES ) Filed by Attorney for Defendant
Declaration (OF JOSH LAZAR IN SUPPORT OF SECOND AMENDED MEMO OF COSTS ) Filed by Attorney for Defendant
Memorandum of Costs Filed by Attorney for Defendant
Notice of Change of Address Filed by Attorney for Plaintiff
Notice (OF CONTINUANCE OF DEFENDANT PETROLIA AVENUE LOAN LLC'S MOTION FOR ATTORNEY'S FEES ) Filed by Atty for Defendant and Cross-Compl
Opposition (TO MTN FOR ATTORNEYS FEES ) Filed by Attorney for Plaintiff
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
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
Ntc to Reptr/Mon to Prep Transcrpt Filed by Clerk
Reply (TO NON-OPPOSITION ) Filed by Attorney for Defendant
Substitution of Attorney Filed by Attorney for Plaintiff
Defendant's Demurrer Filed by Attorney for Defendant
Defendant's Demurrer Filed by Attorney for Defendant
Motion to Strike Filed by Attorney for Defendant
Notice (of special appearance by deft. Petrolia Ave. Loan, Katz Lending, Rodeo Capital & Rava Capital & motion to quash ) Filed by Attorney for Defendant
Notice (OF HEARING ON TEMPORARY RESTRAIN ING ORDER ) Filed by Attorney for Plaintiff
Summons Filed
Application for TRO Filed by Attorney for Plaintiff
Complaint Filed
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:
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
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).
Ruling
Defendant Fuentes is to re-serve the motion on all parties with sufficient notice.
Next dates:
Notice: