HSBC BANK USA, N.A. VS. ROSA LINDA BEJAR, ET AL

Tentative Rulings

Case Number: EC063682    Hearing Date: December 16, 2020    Dept: A

The Superior Court is open under “Here for You | Safer for You” Conditions and Orders

Counsel are urged to use remote appearance technology LACourtConnect

If it is indispensable for counsel to be present in court, face masks (without a valve) are mandated (unless a court orders otherwise) and social distancing rules are in force.

Dept. A Burbank protocol for LACourtConnect Appearances.

Video Appearances: Since these are the functional equivalent of a personal appearance in court, no special protocols are in place at this time.

Audio Only Appearances.

1. Argument is limited to three minutes, unless the court grants a request for additional time.

2. The reading of argument is feckless and nugatory.

3. State your name at the beginning of all statements.

4. Do not speak directly to other counsel without permission of court.

5. Do not interrupt or attempt to speak over another speaker.

6. Do not announce your presence until called by your name or case name.

7. Take a deep breath frequently so that the court may interrupt your presentation, if necessary. (The system does not default to the court unless you are placed on mute by the court or go silent or mute on you own.)

8. Maintain silence in your surroundings – no keyboarding, dogs barking, children crying, etc.

HSBC Bank v Bejar

Motion to Amend Judgment

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.

---

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