On 05/01/2015 HSBC BANK USA, N A filed a Property - Other Real Property lawsuit against ROSA LINDA BEJAR. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is WILLIAM D. STEWART. The case status is Disposed - Judgment Entered.
****3682
05/01/2015
Disposed - Judgment Entered
Los Angeles County Superior Courts
Burbank Courthouse
Los Angeles, California
WILLIAM D. STEWART
FIELDSTONE MORTGAGE INVESTMENT TRUST
HSBC BANK USA N.A. AS INDENTURE TRUSTEE
BEJAR ROSA LINDA AN INDIVIDUAL
BUDHWA ROB V. AN INDIVIDUAL
LOS ANGELES COUNTY TAX COLLECTOR A GOVT
NAVA TOVIAS AN INDIVIDUAL
TRUSTORS SECURITY SERVICE AN UNKNW ENTIT
WESTERN PROGRESSIVE LLC A LTD LIABILITY
WESTERN PROGRESSIVE LLC
BUDHWA ROB V.
TRUSTORS SECURITY SERVICE
LOS ANGELES COUNTY TAX COLLECTOR
BEJAR ROSA
NAVA TOVIAS
VAN ALPHEN JUDITH
FIDELITY NATIONAL LAW GROUP
MOSS BRIDGET MCLAUGHLIN
TALIN HALIBI DEPUTY COUNTY COUNSEL
LAW OFFICES OF KEITH A. BERGMAN
ZIEVE LES LAW OFFICES OF
7/12/2018: Request For Copies
8/16/2018: Declaration
8/16/2018: Declaration
9/21/2018: Application for Issuance of Writ of Execution, Possession or Sale
4/8/2019: Motion to Amend Judgment
5/6/2019: Notice
5/10/2019: Judgment
5/10/2019: Minute Order
5/10/2019: Request For Copies
at 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Motion to Amend Judgment - Held - Motion Granted
Judgment (Amended); Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff)
Request For Copies; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff); Fieldstone Mortgage Investment Trust (Plaintiff)
Minute Order ( (Hearing on Motion to Amend Judgment)); Filed by Clerk
Notice (of Non Opposition to Motion to Amend); Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff)
Motion to Amend Judgment; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff)
Application ; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff); Fieldstone Mortgage Investment Trust (Plaintiff)
Application for Issuance of Writ of Execution, Possession or Sale
Declaration; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff); Fieldstone Mortgage Investment Trust (Plaintiff)
Declaration; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff); Fieldstone Mortgage Investment Trust (Plaintiff)
Proof of Service of Summons and Complaint; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff); Fieldstone Mortgage Investment Trust (Plaintiff)
Declaration; Filed by Western Progressive, LLC (Defendant)
Answer; Filed by Rosa Bejar (Defendant)
Proof of Service of Summons and Complaint; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff)
Proof of Service of Summons and Complaint; Filed by HSBC Bank USA, N.A., as Indenture Trustee (Plaintiff); Fieldstone Mortgage Investment Trust (Plaintiff)
OSC-Failure to File Proof of Serv; Filed by Court
Summons; Filed by null
Complaint filed-Summons Issued; Filed by null
Notice of Case Management Conference; Filed by Court
Declaration; Filed by Western Progressive, LLC (Defendant)
Case Number: EC063682 Hearing Date: December 16, 2020 Dept: A
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HSBC Bank v Bejar
Motion to Amend Judgment
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Calendar: |
08 |
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Case No.: |
EC063682 |
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Hearing Date: |
December 16, 2020 |
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Action Filed: |
February 22, 2019 |
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Trial Date: |
Trial Completed |
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MP: |
Plaintiff HSBC Bank USA, N.A. |
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RP: |
Defendants Rosa Linda Bejar; Tovias Nava; Rob V. Budhwa (no opposition) |
BACKGROUND:
On May 01, 2015, Plaintiff HSBC Bank USA, N.A. (“Plaintiff”) filed for judicial foreclosure of the equitable lien on the property commonly known as 10907, 10909, and 10911 Weaver Avenue, South El Monte, California 91733 (the “Property”) against Defendant Rosa Linda Bejar (“Defendant”). Following trial, the Court entered judgment in favor of Plaintiff on February 07, 2017.
PRESENTATION:
The Court received the motion to amend judgment on November 10, 2020. No opposition or reply has been received by the Court.
On December 04, 2020, the Court continued the instant matter to December 16, 2020. The Court was telephonically informed by the Clerk's Office that Defendant was ill and the Sheriff's Office would not allow parties representing her interest to come into the Courtroom to inform the Court of her status. Plaintiff was directed to give notice.
REQUESTED RELIEF:
Plaintiff moves for an order amending the Amended Judgment entered on May 10, 2019.
DISCUSSION:
Standard of Review – Pursuant to CCP § 473(d), the Court “may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”
On February 07, 2017, the Court entered for Plaintiff. On May 10, 2019, the Court entered an Amended Judgment to correct certain clerical errors, including the description of the Property and the name of the Plaintiff/Creditor. Plaintiff contends that the Levying Officer rejected Plaintiff's Levy Instructions because the Amended Judgment purportedly fails to comply with CCP § 726(b) & (e) in failing to state (1) whether a deficiency judgment is prohibited or waived and (2) if a deficiency judgment is so prohibited or waived, that there is no personal liability of the defendant for a deficiency judgment. (Mot., Decl. Rousso, Ex. A.) The instant motion seeks to conform the May 10, 2019 Amended Judgment to include language pursuant to CCP § 726(b) & (e).
As the motion is unopposed, and there appears to be no reason to deny the motion on its face, the Court will grant the motion and modify the Amended Judgment nunc pro tunc.
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RULING: BELOW,
In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.
ORDER
Plaintiff HSBC Bank USA, N.A.'s Motion to Amend Judgment came on regularly for hearing on December 16, 2020, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:
THE MOTION IS GRANTED.
DATE: _______________ _______________________________
JUDGE
Case Number: EC063682 Hearing Date: December 04, 2020 Dept: A
Motion to amend judgment
GRANT