Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 04/24/2021 at 08:54:30 (UTC).

AARON CARRASCO VS HETT INVESTMENT GROUP, LLC, ET AL.

Case Summary

On 06/22/2020 AARON CARRASCO filed a Property - Other Real Property lawsuit against HETT INVESTMENT GROUP, LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3433

  • Filing Date:

    06/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

CARRASCO AARON

Defendants

PENN ESCROW INC.

HETT INVESTMENT GROUP LLC

PERLSTEIN RONALD

PERSTEIN RONALD

Attorney/Law Firm Details

Plaintiff Attorneys

CARA ANTHONY P.

CARA TONY

Defendant Attorneys

ABB WAYNE MARK

DAVIS MATTHEW STEPHEN

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER PLAINTIFFS NOTICE OF MOTION AND MO...)

1/7/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER PLAINTIFFS NOTICE OF MOTION AND MO...)

Request for Dismissal

2/2/2021: Request for Dismissal

Minute Order - MINUTE ORDER (HEARING ON MOTION TO EXPUNGE LIS PENDENS)

2/22/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO EXPUNGE LIS PENDENS)

Request for Judicial Notice

12/17/2020: Request for Judicial Notice

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW DEFAULTS AS TO DEFENDANTS HETT INV...) OF 11/17/2020

11/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW DEFAULTS AS TO DEFENDANTS HETT INV...) OF 11/17/2020

Declaration in Support of Ex Parte Application

8/14/2020: Declaration in Support of Ex Parte Application

Declaration in Support of Ex Parte Application

8/14/2020: Declaration in Support of Ex Parte Application

Ex Parte Application - EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC FOR PRELIMINARY INJUNCTION

8/17/2020: Ex Parte Application - EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC FOR PRELIMINARY INJUNCTION

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORD...)

8/17/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORD...)

Proof of Personal Service

7/28/2020: Proof of Personal Service

General Denial

7/23/2020: General Denial

Declaration - DECLARATION OF NON-SERVICE

7/9/2020: Declaration - DECLARATION OF NON-SERVICE

Order to Show Cause Failure to File Proof of Service

6/23/2020: Order to Show Cause Failure to File Proof of Service

Notice of Case Management Conference

6/23/2020: Notice of Case Management Conference

Notice - NOTICE EX PARTE APPLICATION

6/26/2020: Notice - NOTICE EX PARTE APPLICATION

Declaration in Support of Ex Parte Application

6/26/2020: Declaration in Support of Ex Parte Application

Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION

6/29/2020: Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION

Summons - SUMMONS ON COMPLAINT

6/22/2020: Summons - SUMMONS ON COMPLAINT

33 More Documents Available

 

Docket Entries

  • 01/10/2022
  • Hearing01/10/2022 at 09:30 AM in Department 56 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 12/27/2021
  • Hearing12/27/2021 at 08:30 AM in Department 56 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

    Read MoreRead Less
  • 04/07/2021
  • DocketOrder (to Expunge Lis Pendens); Filed by Ronald Perstein (Defendant)

    Read MoreRead Less
  • 02/22/2021
  • Docketat 08:30 AM in Department 56; Hearing on Motion to Expunge Lis Pendens - Held

    Read MoreRead Less
  • 02/22/2021
  • DocketMinute Order ( (Hearing on Motion to Expunge Lis Pendens)); Filed by Clerk

    Read MoreRead Less
  • 02/02/2021
  • DocketRequest for Dismissal; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 01/08/2021
  • Docketat 10:35 AM in Department 56; Non-Appearance Case Review (reAnswer of Defendant Penn Escrow) - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 01/07/2021
  • Docketat 08:30 AM in Department 56; Order to Show Cause Re: (Dismissal as to Defendants Hett Investment Group LLC and Penn Escrow) - Held

    Read MoreRead Less
  • 01/07/2021
  • Docketat 08:30 AM in Department 56; Hearing on Motion - Other (PLAINTIFF?S NOTICE OF MOTION AND MOTION TO SET ASIDE TRUSTEE?S SALE AND TO RESCIND/VACATE ANY TRUSTEE?S DEED UPON SALE RECORDED) - Held

    Read MoreRead Less
  • 01/07/2021
  • DocketMinute Order ( (Hearing on Motion - Other PLAINTIFF?S NOTICE OF MOTION AND MO...)); Filed by Clerk

    Read MoreRead Less
37 More Docket Entries
  • 06/26/2020
  • DocketDeclaration in Support of Ex Parte Application; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 06/26/2020
  • DocketDeclaration in Support of Ex Parte Application; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 06/26/2020
  • DocketDeclaration in Support of Ex Parte Application; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 06/26/2020
  • DocketDeclaration in Support of Ex Parte Application; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 06/23/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

    Read MoreRead Less
  • 06/23/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 06/22/2020
  • DocketComplaint; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 06/22/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 06/22/2020
  • DocketCivil Case Cover Sheet; Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less
  • 06/22/2020
  • DocketSummons (on Complaint); Filed by Aaron Carrasco (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCV23433    Hearing Date: January 07, 2021    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

AARON CARRASCO,

Plaintiff,

vs.

HETT INVESTMENT GROUP, LLC, et al.,

Defendants.

CASE NO.: 20STCV23433

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE TRUSTEE’S SALE AND TO RESCIND/VACATE ANY TRUSTEE’S DEED UPON SALE RECORDED

Date: January 7, 2021

Time: 8:30 a.m.

Dept. 56

MOVING PARTY: Plaintiff Aaron Carrasco

RESPONDING PARTY: Defendant Ronald Perlstein

The Court has considered the moving and opposition papers. No reply papers were filed.

BACKGROUND

Plaintiff filed a complaint arising from a wrongful Trustee’s Sale as to a parcel of real property located at 4439 Blanchard Street, Los Angeles, CA 90032 (the “Subject Property”), alleging causes of action for: (1) violation of Civ. Code § 2924; (2) violation of Civ. Code § 2924.9; (3) unfair business practices in violation of Bus. & Prof. Code § 17200 et seq.; and (4) cancellation of written instruments under Civ. Code § 3412.

Plaintiff filed a motion (the “Motion”) to set aside the Trustee’s Sale of the Subject Property and to rescind/vacate any Trustee’s Deed Upon Sale recorded.

EVIDENTIARY OBJECTIONS

The Court SUSTAINS Defendant’s objection to the declaration of Peter Nisson in support of the Motion.

JUDICIAL NOTICE

The Court GRANTS Defendant’s request for judicial notice.

DISCUSSION

A suit in equity is the traditional method by which a nonjudicial foreclosure sale is challenged. (Anderson v. Heart Federal Sav. & Loan Assn. (1989) 208 Cal.App.3d 202, 209-210.) The party seeking to set aside the sale has the burden of pleading and proof at trial of improper procedure and consequent prejudice. (Id. at 210.) The procedure for foreclosing on security by a trustee’s sale pursuant to a deed of trust is set forth in Civ. Code § 2924 et seq. and the statutory requirements must be strictly complied with, and a trustee’s sale based on statutorily deficient notice of default is invalid. (Id. at 211.) It is the general rule that courts have the power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or where there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties. (Lo v. Jensen (2001) 88 Cal.App.4th 1093, 1097-1098.) A complaint cannot be used as evidence. (Roman v. BRE Properties, Inc. (2015) 237 Cal.App.4th 1040, 1054.)

The Court finds that Plaintiff has not met his burden to warrant setting aside the trustee’s sale. Plaintiff has not provided any admissible evidence of improper procedure and consequent prejudice and instead relies on the complaint as support for the Motion.

Therefore, the Court DENIES the Motion.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 7th day of January 2021

Hon. Holly J. Fujie

Judge of the Superior Court

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where HETT INVESTMENT GROUP LLC is a litigant

Latest cases where PENN ESCROW INC. is a litigant

Latest cases represented by Lawyer DAVIS MATTHEW STEPHEN

Latest cases represented by Lawyer ABB WAYNE M. ESQ.