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This case was last updated from Los Angeles County Superior Courts on 01/11/2021 at 03:49:00 (UTC).

VIKTORS GUSEVS VS J.P. MORGAN CHASE N.A., ET AL.,

Case Summary

On 05/19/2016 VIKTORS GUSEVS filed a Property - Other Real Property lawsuit against J P MORGAN CHASE N A , . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MITCHELL L. BECKLOFF. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5882

  • Filing Date:

    05/19/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MITCHELL L. BECKLOFF

 

Party Details

Plaintiffs and Cross Defendants

GUSEVS VIKTORS

VIKTORS GUSEVS

GLOBAL FUNDING

VG PROPERTIES INC.

TATJANA HROMENKOVA

JOSE CARLOS JARAMILLO LEMA

FRANCHISE TAX BOARD OF THE STATE OF CA

HROMENKOVA TATJANA

CARTER J.SCOTT

J.SCOTT CARTER

INTERNAL REVENUE SERVICE

RECONVEYANCE LIMELITE

LEMA JOSE CARLOS JARAMILLO

LIMELITE RECONVEYANCE

Defendants and Cross Defendants

GLOBAL FUNDING

J.P. MORGAN CHASE N.A.

QUALITY LOAN SERVICE CORPORATION

VG PROPERTIES INC.

FRANCHISE TAX BOARD

JPMORGAN CHASE BANK N.A.

LIMELIGHT RECONVEYANCE

RECONVEYANCE LIMELIGHT

Defendant and Cross Plaintiff

JPMORGAN CHASE BANK N.A.

5 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

LITVAK URI

TYM RONALD D.

Defendant Attorneys

LYNCH CARISSA

DYKEMA GOSSETT LLP

Other Attorneys

JAGANNATH LAKSHMI

CHARLES PARKER

 

Court Documents

Request for Entry of Default / Judgment -

8/8/2018: Request for Entry of Default / Judgment -

Request for Entry of Default / Judgment -

8/8/2018: Request for Entry of Default / Judgment -

Request for Entry of Default / Judgment -

8/8/2018: Request for Entry of Default / Judgment -

Request for Entry of Default / Judgment -

8/8/2018: Request for Entry of Default / Judgment -

Notice of Continuance -

8/14/2018: Notice of Continuance -

Notice of Rejection Default/Clerk's Judgment -

8/23/2018: Notice of Rejection Default/Clerk's Judgment -

Notice of Rejection Default/Clerk's Judgment -

8/23/2018: Notice of Rejection Default/Clerk's Judgment -

Notice of Rejection Default/Clerk's Judgment -

8/23/2018: Notice of Rejection Default/Clerk's Judgment -

Notice of Rejection Default/Clerk's Judgment -

8/23/2018: Notice of Rejection Default/Clerk's Judgment -

Notice - of Filing Orginal Proof of Publication

8/27/2018: Notice - of Filing Orginal Proof of Publication

Notice - of Filing Original Proof of Publication

8/27/2018: Notice - of Filing Original Proof of Publication

Notice - of Filing Original Proof of Publication

8/27/2018: Notice - of Filing Original Proof of Publication

Notice - of Filing Original Proof of Publication

8/27/2018: Notice - of Filing Original Proof of Publication

Notice of Entry of Judgment -

9/4/2018: Notice of Entry of Judgment -

Substitution of Attorney

3/12/2019: Substitution of Attorney

Application for Issuance of Writ of Execution, Possession or Sale

5/3/2019: Application for Issuance of Writ of Execution, Possession or Sale

Writ of Execution - SALE

5/8/2019: Writ of Execution - SALE

5 More Documents Available

 

Docket Entries

  • 05/08/2019
  • DocketSale; Filed by JPMorgan Chase Bank, N.A. (Defendant)

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  • 05/03/2019
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by J.P. Morgan Chase N.A. (Defendant)

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  • 03/12/2019
  • DocketSubstitution of Attorney; Filed by DYKEMA GOSSETT LLP (Attorney); J.P. Morgan Chase N.A. (Defendant)

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  • 09/04/2018
  • DocketNotice (NOTICE OF ENTRY OF JUDGMENT OR ORDER ); Filed by Attorney for Defend/XDefd/XComp

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  • 09/04/2018
  • DocketNotice of Entry of Judgment

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  • 09/04/2018
  • DocketNotice; Filed by JPMorgan Chase Bank, N.A. (Defendant)

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  • 08/31/2018
  • Docketat 08:30 AM in Department M; Default Prove Up Hearing (Civil Default Prove Up Hearing; Judgment) -

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  • 08/31/2018
  • Docketat 08:30 am in Department WEM, Mitchell L. Beckloff, Presiding; Civil Default Prove Up Hearing - Judgment

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  • 08/31/2018
  • DocketApplication - Miscellaneous; Filed by Atty for Defendant and Cross-Compl

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  • 08/31/2018
  • DocketDeclaration; Filed by Atty for Defendant and Cross-Compl

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254 More Docket Entries
  • 06/07/2016
  • DocketNotice (OF PENDENCY OF ACTION LIS PENDENS ); Filed by Attorney for Plaintiff

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  • 06/07/2016
  • DocketNotice; Filed by VIKTORS GUSEVS (Cross-Defendant)

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  • 05/31/2016
  • DocketFirst Amended Complaint; Filed by Attorney for Plaintiff

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  • 05/31/2016
  • DocketSummons; Filed by VIKTORS GUSEVS (Cross-Defendant)

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  • 05/31/2016
  • DocketFirst Amended Complaint; Filed by VIKTORS GUSEVS (Cross-Defendant)

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  • 05/31/2016
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 05/19/2016
  • DocketComplaint Filed

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  • 05/19/2016
  • DocketComplaint; Filed by null

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  • 05/19/2016
  • DocketSummons; Filed by Plaintiff

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  • 05/19/2016
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: SC125882    Hearing Date: May 18, 2021    Dept: M

CASE NAME: Viktors Gusevs v. J.P. Morgan Chase N.A., et al.

CASE NO.: SC125882

MOTION: Chase’s Motion for a Deficiency Judgment

HEARING DATE: 05/18/2021

BACKGROUND

On August 31, 2018, this Court entered a Judgment of Foreclosure and Order of Sale and Deficiency Judgment. (RJN Ex. A.) The Sheriff of the County of Los Angeles sold all the right, title and interest of Viktors Gusevs in the property commonly known as 21650 Pacific Coast Highway, Malibu, California 90265. (RJN, Ex. B.) The foreclosure sale of the property occurred on January 13, 2021. (Ibid.) At the time of the sale, the amount of the unpaid debt together with costs was $13,114,624.64 and the property sold for $10,000,000.00. (Ibid.)

LEGAL STANDARD

“[A] judicial foreclosure allows the plaintiff to seek a deficiency judgment against the borrower, if the property is sold for less than the amount of indebtedness.” (Arabia v. BAC Home Loans Servicing, L.P. “A deficiency judgment is a personal judgment against a debtor for a recovery of the secured debt measured by the difference between the debt and the net proceeds received from the foreclosure sale.” (Thoryk v. San Diego Gas & Electric Co. (2014) 225 Cal.App.4th 386, 398 [internal quotation marks omitted] [quoting Dreyfuss v. Union Bank of California (2000) 24 Cal.4th 400, 407] [citing Hatch v. Security–First National Bank (1942) 19 Cal.2d 254, 261].) (Thoryk v. San Diego Gas & Electric Co. (2014) 225 Cal.App.4th 386, 398.).

“In the event that a deficiency is not waived or prohibited and it is decreed that any defendant is personally liable for the debt, then upon application of the plaintiff filed at any time within three months of the date of the foreclosure sale and after a hearing thereon at which the court shall take evidence and at which hearing either party may present evidence as to the fair value of the real property or estate for years therein sold as of the date of sale, the court shall render a money judgment against the defendant or defendants for the amount by which the amount of the indebtedness with interest and costs of levy and sale and of action exceeds the fair value of the real property or estate for years therein sold as of the date of sale.” (Code Civ. Proc., § 726(b).) “In no event shall the amount of the judgment, exclusive of interest from the date of sale and of costs exceed the difference between the amount for which the real property or estate for years therein was sold and the entire amount of the indebtedness secured by the mortgage or deed of trust.” (Code Civ. Proc., § 726(b).) “Notice of the hearing shall be served upon all defendants who have appeared in the action and against whom a deficiency judgment is sought, or upon their attorneys of record, at least 15 days before the date set for the hearing.” (Code Civ. Proc., § 726(b).)

REQUEST FOR JUDICIAL NOTICE

Defendant/Cross-Complainant JP Morgan Chase Bank, N.A (“Chase”). requests judicial notice of exhibits A and exhibit B. Exhibit A is the judgment of foreclosure and order of sale and deficiency judgement and is judicially noticeable. Exhibit B is a recorded Sheriff's Certificate Of Sale on Writ of Sale and is also judicially noticeable. Therefore, Chase’s Request for judicial notice is GRANTED.

ANALYSIS

This motion is timely and unopposed. The evidence shows that Chase obtained a Judgment of Foreclosure and Order of Sale and Deficiency Judgment. (RJN Ex. A.) The Court found that “Cross-Defendant Viktors Gusevs is personally liable for payment of the entire sum due under the Note and secured by the DOT, and a deficiency judgment may be ordered against him following proceedings prescribed by law. This Court retains jurisdiction to determine the amount of the deficiency, if any, and to render a money judgment on proper application.” (RJN Ex. A ¶4(b).) The evidence submitted shows that there is a deficiency. The amount of the unpaid debt together with costs was $13,114,624.64. (RJN Ex. B.) Chase submitted evidence that the property sold for $10,000,000.00 (ten million dollars). Chase also submitted evidence as to the fair value of the real property sold as of the date of sale. (See Decl. of James Ebert.) James Ebert appraised the property at $10,000,000.00 (ten million dollars) as of January 13, 2021. (Id. ¶ 3.) The difference between $13,114,624.64 and $10,000,000.00 is $3,114,624.64. Chase is entitled to a deficiency judgment in the amount of $3,114,624.64 against Viktors Gusevs.

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