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This case was last updated from Los Angeles County Superior Courts on 01/17/2020 at 22:40:58 (UTC).

RODNEY D FICKLIN ET AL VS EDDIE FICKLIN ET AL

Case Summary

On 11/20/2015 RODNEY D FICKLIN filed a Property - Other Real Property lawsuit against EDDIE FICKLIN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GREGORY W. ALARCON and EMILIE H. ELIAS. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1748

  • Filing Date:

    11/20/2015

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GREGORY W. ALARCON

EMILIE H. ELIAS

 

Party Details

Plaintiffs

FICKLIN DARRYL W.

FICKLIN FELTON

FICKLIN RODNEY D.

Defendants and Respondents

ALL PERSONS UNKNOWN CLAIMING LEGAL OR

COMMUNITY MORTGAGE FUNDING LLC

DOES 1 THROUGH 25

DOES 26 THROUGH 100

FICKLIN EDDIE

LIGGERT WILONA J.

TITLE ALL PERSONS UNKNOWN CLAIMING ANY

Attorney/Law Firm Details

Plaintiff Attorney

PETER BORENSTEIN ATTORNEY AT LAW

Defendant and Respondent Attorneys

MOORE BREWER WOLFE JONES TYLER & NORTH

NOEL & ASSOCIATES

 

Court Documents

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS? EX PARTE APPLICATION FOR AN ORDER APPOINTING THE CLERK OF THE COURT OR HIS/HER DESIGNEE AS AN ELISOR TO EXECUTE DOCUMENTS ON BEHALF OF PL

1/12/2018: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS? EX PARTE APPLICATION FOR AN ORDER APPOINTING THE CLERK OF THE COURT OR HIS/HER DESIGNEE AS AN ELISOR TO EXECUTE DOCUMENTS ON BEHALF OF PL

PROOF OF SERVICE

4/2/2018: PROOF OF SERVICE

ORDER ON COURT FEE WAIVER -

11/20/2015: ORDER ON COURT FEE WAIVER -

NOTICE OF CASE MANAGEMENT CONFERENCE

2/5/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT COMMUNITY MORTGAGE FUNDING, LLC TO FIRST AMENDED COMPLALNT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER

3/10/2016: NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT COMMUNITY MORTGAGE FUNDING, LLC TO FIRST AMENDED COMPLALNT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER

Proof of Service -

3/10/2016: Proof of Service -

NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE

3/23/2016: NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE

REPLY AND DECLARATION OF DUANE TYLER IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

4/1/2016: REPLY AND DECLARATION OF DUANE TYLER IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT

NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT COMMUNITY MORTGAGE FUNDING, LLC TO AMENDED COMPLAINT (FILED 3.22.16); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER

4/29/2016: NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT COMMUNITY MORTGAGE FUNDING, LLC TO AMENDED COMPLAINT (FILED 3.22.16); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER

ANSWER TO FIRST AMENDED COMPLAINT FOR PARTITION AND ACCOUNTING; QUIET TITLE; AND FRAUD

4/29/2016: ANSWER TO FIRST AMENDED COMPLAINT FOR PARTITION AND ACCOUNTING; QUIET TITLE; AND FRAUD

NOTICE OF CASE MANAGEMENT CONFERENCE

8/4/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF MOTION BY PLAINTIFFS FOR SUMMARY ADJUDICATION

1/4/2017: NOTICE OF MOTION BY PLAINTIFFS FOR SUMMARY ADJUDICATION

NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT; ETC

1/31/2017: NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT; ETC

TNT7TFVJ RULING RE: MOTION OF PLAINTIFFS FOR LEAVE TO FILE THIRD AMENDED COMPLAINT.

2/21/2017: TNT7TFVJ RULING RE: MOTION OF PLAINTIFFS FOR LEAVE TO FILE THIRD AMENDED COMPLAINT.

DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY ADJUDICATION

3/6/2017: DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY ADJUDICATION

NOTICE TO APPEAR AT TRIAL AND PRODUCE DOCUMENTS

3/28/2017: NOTICE TO APPEAR AT TRIAL AND PRODUCE DOCUMENTS

Proof of Service by 1st Class Mail -

4/13/2017: Proof of Service by 1st Class Mail -

MINUTE ORDER

4/27/2017: MINUTE ORDER

86 More Documents Available

 

Docket Entries

  • 05/09/2018
  • Docketat 08:30 AM in Department 44; Hearing on Application for Order for Appearance and Examination (Judgment Debtor Examination Hrng; Discharged) -

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  • 05/09/2018
  • DocketMinute order entered: 2018-05-09 00:00:00; Filed by Clerk

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  • 05/09/2018
  • DocketMinute Order

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  • 04/02/2018
  • DocketPROOF OF SERVICE

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  • 04/02/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Plaintiff/Petitioner

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  • 02/23/2018
  • DocketApplication and Order for Appearance and Examination; Filed by Plaintiff/Petitioner

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  • 02/23/2018
  • DocketAPPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION ENFORCEMENT OF JUDGMENT; JUDGMENT DEBTOR

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  • 01/12/2018
  • Docketat 08:30 AM in Department 36; Ex-Parte Proceedings - Held - Motion Granted

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  • 01/12/2018
  • DocketPoints and Authorities; Filed by Plaintiff/Petitioner

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  • 01/12/2018
  • DocketEx-Parte Application; Filed by Rodney D. Ficklin (Plaintiff); Felton Ficklin (Plaintiff); Darryl W. Ficklin (Plaintiff)

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190 More Docket Entries
  • 12/17/2015
  • DocketProof of Service by Mail

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  • 12/03/2015
  • Docketat 00:00 AM in Department 324; (Order-Complex Determination; Case Determined to be non-Complex) -

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  • 12/03/2015
  • DocketMinute order entered: 2015-12-03 00:00:00; Filed by Clerk

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  • 11/23/2015
  • DocketSUMMONS

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  • 11/23/2015
  • DocketSummons; Filed by Rodney D. Ficklin (Plaintiff)

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  • 11/20/2015
  • DocketORDER ON COURT FEE WAIVER

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  • 11/20/2015
  • DocketORDER ON COURT FEE WAIVER

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  • 11/20/2015
  • DocketVERIFIED COMPLAINT FOR: 1. PARTITION AND ACCOUNTING; ETC

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  • 11/20/2015
  • DocketComplaint; Filed by Rodney D. Ficklin (Plaintiff); Felton Ficklin (Plaintiff); Darryl W. Ficklin (Plaintiff)

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  • 11/20/2015
  • DocketORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: BC601748    Hearing Date: July 30, 2020    Dept: 36

Superior Court of California

County of Los Angeles

Department 36

RODNEY D. FICKLIN, et al.,

Plaintiffs,

v.

EDDIE FICKLIN, et al.,

Defendants.

Case No.: BC601748

Hearing Date: 7/29/20

[TENTATIVE] RULING RE:

Community Mortgage Funding, LLC’s Motion to Intervene and For Expungement of Lis Pendens

Community Mortgage Funding, LLC’s Motion to Intervene and For Expungement of Lis Pendens is GRANTED.

Community Mortgage Funding, LLC’s request for attorney’s fees is DENIED.

Legal Standard

Leave to Intervene

CCP section 387(d) provides the following:

(1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied:

(A) A provision of law confers an unconditional right to intervene.

(B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties.

(2) The court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.

(Code Civ. Proc., § 387(d).)

Expunge Lis Pendens

Any party or a non-party having an interest in the property affected by a notice of lis pendens may move for expungement any time after the lis pendens is recorded.  (Code Civ. Proc., § 405.30.)  A lis pendens must be removed for being improper on account of (a) the pleading on which the notice is based not containing a real property claim, assuming the allegations to be true, or (b) the claimant not being able to establish by a preponderance of the evidence the probable validity of the real property claim. (Code Civ. Proc., §§ 405.31, 405.32; Ziello v. Superior Court (1995) 36 Cal.App.4th 321, 331-32; Urez Corp. v. Superior Court (1987) 190 Cal.App.3d 1141, 1149.) 

In a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has the burden of proof. (Code Civ. Proc., § 405.30.) Thus, that claimant, in opposing the motion to expunge the lis pendens, must demonstrate the following: (1) the action affects title to or right of possession of the real property described in the notice; (2) in so far as the said notice is concerned, the party recording the notice has commenced the action for a proper purpose and in good faith; and (3) the probable validity of the real property claim by a preponderance of the evidence. (Hunting World, Inc. v. Superior Court (1994) 22 Cal.App.4th 67, 70; see also Code Civ. Proc., § 405.30, et seq.) Only admissible evidence is permitted on the motion.  (Burger v. Superior Court (1984) 151 Cal.App.3d 1013, 1019.)

Discussion

Request for Judicial Notice

Community Mortgage Funding, LLC (“CMF”) requests judicial notice of the following documents:

1. Deed of Trust recorded in the Official Records of the Los Angeles County Recorder’s Office on September 29, 2006, as Document No. 062175350

2. Notice of Pendency of Action recorded in the Los Angeles County Recorder’s Office on January 15, 2016, as Document No. 20160052194

3. Court order dismissing Case No. BC601748 dated January 8, 2018.

CMF’s request is granted.

Intervene

CMF moves for leave to intervene for the purpose of expunging the lis pendens recorded by Plaintiffs.

CCP section 405.30 provides that “[a]t any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” (Code Civ. Proc., § 405.30.) “However, a person who is not a party to the action shall obtain leave to intervene from the court at or before the time the party brings the motion to expunge the notice.” (Id.)

CMF has presented evidence that it has an interest in the subject property as the lienholder of the deed of trust on the property. (Kadimik Decl., ¶¶ 5-6; RJN, Ex. 1.) CMF is thus permitted to intervene in this action to file a motion to expunge lis pendens recorded on the property.

Accordingly, the motion for leave to intervene is granted.

Expunge Lis Pendens

CMF moves for an order expunging the lis pendens recorded on real property located at 1639 East 47th Street, Los Angeles, CA 90011. CMF argues that the lis pendens must be expunged because there is no action pending and Plaintiffs cannot establish the probable validity of a real property claim by a preponderance of the evidence. The court agrees.

By its very nature, a lis pendens, or a notice of pendency of action, is a notice that is recorded during the pendency of an action. This action was dismissed by the court and removed from the civil active list on January 8, 2018. (RJN, Ex. 3.) This action is thus no longer pending for the purposes of a lis pendens.

In opposition, Plaintiffs argue that this action is still pending for purposes of a lis pendens because the court has retained jurisdiction over the parties pursuant to CCP section 664.6. Plaintiffs’ argument is unavailing. That the court retained jurisdiction to enforce settlement pursuant to CCP section 664.6 does not mean this action is still pending for purposes of a lis pendens. The cases cited by Plaintiffs in opposition are inapposite as they only deal with issues of the court’s retention of jurisdiction pursuant to CCP section 664.6 after the dismissal of a case.

The court notes that Plaintiffs have also failed to meet their burden of establishing the probable validity of their claims, given this action has been dismissed.

The court further notes that any actions Plaintiffs intend to take to enforce the settlement agreement are irrelevant to whether the lis pendens should be expunged.

Accordingly, the motion to expunge lis pendens is granted.

Attorney’s Fees

CMF seeks $1,300 in attorney’s fees pursuant to CCP section 405.38.

CCP section 405.38 provides “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney’s fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney’s fees and costs unjust.” (Code Civ. Proc., § 405.38.) As the motion is granted, CMF is entitled to attorney’s fees.

The court is unpersuaded by Plaintiffs’ argument that it would be unjust to award attorney’s fees because health issues and the coronavirus-imposed obstacles to withdrawing the lis pendens in accordance with CCP section 405.50. CMF’s counsel first contacted Plaintiffs’ counsel to request a withdrawal of the lis pendens on August 5, 2019. (Borenstein Decl., ¶ 15.) Plaintiffs’ health issues did not occur until October 2019 and the coronavirus pandemic did not begin until March 2020. (Id., ¶¶ 17, 20.) There was thus at least two months between CMF’s request and the first alleged obstacle when Plaintiffs could have withdrawn the lis pendens. There are no indications Plaintiffs intended to withdraw the lis pendens, made attempts to withdraw the lis pendens, and/or were prevented from executing the withdrawal because of health issues or the coronavirus pandemic.

While CMF is entitled to attorney’s fees pursuant to CCP section 405.38, the court notes that CMF is only entitled to reasonable attorney’s fees. CMF has failed to provide a declaration from its counsel setting forth the amount of time counsel spent on this matter and counsel’s hourly rate. The court thus cannot determine whether the request for $1,300 in attorney’s fees and costs is reasonable.

Therefore, the request for attorney’s fees is denied.

Conclusion

Based on the foregoing, Community Mortgage Funding, LLC’s Motion to Intervene and For Expungement of Lis Pendens is GRANTED.

Community Mortgage Funding, LLC’s request for attorney’s fees is DENIED.

Community Mortgage Funding, LLC to give notice.

Dated: 7/29/20 _____________________________

Gregory Alarcon

Superior Court Judge