This case was last updated from Los Angeles County Superior Courts on 10/10/2021 at 06:32:32 (UTC).

CALIFORNIA BUSINESS BUREAU, INC. VS RODRIGO CAMARENA, ET AL.

Case Summary

On 05/29/2020 CALIFORNIA BUSINESS BUREAU, INC filed a Property - Other Real Property lawsuit against RODRIGO CAMARENA. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0303

  • Filing Date:

    05/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

CALIFORNIA BUSINESS BUREAU INC.

Defendants

ALL PERSONS CLAIMING ANY LEGAL OR EQUITABLE TITLE ESTATE LIEN OR INTEREST IN THE PARTY OR ANY CLOUD ON PLAINTIFF'S TITLE THERETO DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE

CAMARENA RODRIGO

ELLIOTT ROSALEE AKA ROSALIE ELLIOTT AKA ROSALEE ALCANTARA AKA ROSALEE GARCIA AKA ROSALIE ELLIOTT AKA ROSALEE ALCANTARA AKA ROSALEE GARCIA

Cross Plaintiff and Defendant

CAMARENA RODRIGO

Cross Defendant

GARCIA MARTHA

Attorney/Law Firm Details

Plaintiff Attorney

LOVE CALVIN F.

Defendant and Cross Defendant Attorneys

ROSIAK RICHARD JOSEPH

MARCUS DAVID M.

Defendant and Cross Plaintiff Attorney

MARCUS DAVID M.

 

Court Documents

Answer

7/26/2021: Answer

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

4/8/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Summons - SUMMONS ON COMPLAINT (1ST)

5/18/2021: Summons - SUMMONS ON COMPLAINT (1ST)

Request for Entry of Default / Judgment

6/16/2021: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING ANSWER/RESPONSIVE PLEADING/...)

7/22/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING ANSWER/RESPONSIVE PLEADING/...)

Case Management Statement

3/15/2021: Case Management Statement

Opposition - OPPOSITION TO DEMURRER; MEMORANDUM OF POINTS AND AUTHORITIES

3/15/2021: Opposition - OPPOSITION TO DEMURRER; MEMORANDUM OF POINTS AND AUTHORITIES

Proof of Service - No Service

3/24/2021: Proof of Service - No Service

Order for Publication

3/24/2021: Order for Publication

Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO FIRST AMENDED COMPLAINT

12/8/2020: Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO FIRST AMENDED COMPLAINT

Motion to Strike (not initial pleading)

9/22/2020: Motion to Strike (not initial pleading)

Amended Complaint

11/3/2020: Amended Complaint

Case Management Statement

11/4/2020: Case Management Statement

Proof of Personal Service

9/8/2020: Proof of Personal Service

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

9/8/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Summons - SUMMONS ON COMPLAINT

5/29/2020: Summons - SUMMONS ON COMPLAINT

Notice of Case Assignment - Unlimited Civil Case

5/29/2020: Notice of Case Assignment - Unlimited Civil Case

Complaint

5/29/2020: Complaint

34 More Documents Available

 

Docket Entries

  • 06/09/2022
  • Hearing06/09/2022 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Non-Jury Trial

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  • 05/04/2022
  • Hearing05/04/2022 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Mandatory Settlement Conference (MSC)

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  • 09/14/2021
  • Docketat 09:30 AM in Department F; Non-Jury Trial ((time estimate for trial is one day)) - Not Held - Advanced and Vacated

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  • 09/07/2021
  • Docketat 09:30 AM in Department F; Order to Show Cause Re: (regarding answer/responsive pleading/default as to the first amended complaint and the cross complaint) - Held

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  • 09/07/2021
  • Docketat 09:30 AM in Department F; Trial Setting Conference - Held

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  • 09/07/2021
  • DocketMinute Order ( (Order to Show Cause Re: regarding answer/responsive pleading/...)); Filed by Clerk

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  • 09/07/2021
  • DocketTrial Setting Order; Filed by Clerk

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  • 07/26/2021
  • DocketAnswer; Filed by ROSALEE ELLIOTT (Defendant)

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  • 07/26/2021
  • DocketAnswer; Filed by Martha Garcia (Cross-Defendant)

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  • 07/22/2021
  • Docketat 08:30 AM in Department F; Order to Show Cause Re: (regarding answer/responsive pleading/default by all named defendants to the first amended complaint) - Held

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38 More Docket Entries
  • 09/22/2020
  • DocketMotion to Strike (not initial pleading); Filed by RODRIGO CAMARENA (Defendant)

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  • 09/22/2020
  • DocketDemurrer - without Motion to Strike (to Complaint); Filed by RODRIGO CAMARENA (Defendant)

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  • 09/08/2020
  • Docketat 1:30 PM in Department F; Case Management Conference - Held - Continued

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  • 09/08/2020
  • DocketProof of Personal Service; Filed by CALIFORNIA BUSINESS BUREAU, INC. (Plaintiff)

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  • 09/08/2020
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 06/04/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/29/2020
  • DocketComplaint; Filed by CALIFORNIA BUSINESS BUREAU, INC. (Plaintiff)

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  • 05/29/2020
  • DocketCivil Case Cover Sheet; Filed by CALIFORNIA BUSINESS BUREAU, INC. (Plaintiff)

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  • 05/29/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 05/29/2020
  • DocketSummons (on Complaint); Filed by CALIFORNIA BUSINESS BUREAU, INC. (Plaintiff)

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Tentative Rulings

Case Number: 20NWCV00303    Hearing Date: April 8, 2021    Dept: C

CALIFORNIA BUSINESS BUREAU, INC. v. CAMARENA

CASE NO.:  20NWCV00303

HEARING:  04/08/21

JUDGE: RAUL A. SAHAGUN

#2

TENTATIVE ORDER

Defendant CAMARENA’s Demurrer to Plaintiff’s First Amended Complaint is OVERRULED. CCP §430.10(e).

Opposing Party to give notice.

Defendant’s request for judicial notice is GRANTED as to the existence of the document, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.)

This action for quiet title was filed by CALIFORNIA BUSINESS BUREAU, INC. on May 29, 2020. On November 3, 2020, a First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Plaintiff obtained a Judgment against Rosalee Elliott aka Rosalie Elliott aka Rosalee Alcantara aka Rosalee Garcia in the matter of California Business Bureau, Inc. vs. Rosalee Elliott ala Rosalie Elliott aka Rosalee Alcantara aka Rosalee Garcia and Harold Elliott, Los Angeles Superior Court, West Covina Limited District Case No. 07B02825 on August 4, 1998 in the sum of $7,797.40…. On May 16, 2018, Plaintiff…recorded an Abstract of Judgment…. [T] he recording of the Abstract of Judgment created a lien upon any present, future, vested, contingent, legal or equitable interest in the Judgment Debtor to any parcel of real property located in the County of Los Angeles…. As of July 24, 2018, Judgment Debtor, Rosalee Elliott aka Rosalie Elliott aka Rosalee Alcantara aka Rosalee Garcia, owed an interest in the real property located at 10617 Casanes Avenue, Downey, California 90241…. The Abstract of Judgment substantially complied with the requirements of Code of Civil Procedure Section 674 in that it contained a correct spelling of the Judgment Debtor’s last name, the known last four digits of her social security number and her current address at the time of recording which is the subject matter real property….” (FAC ¶4.) “On July 24, 2019 a Grant Deed was recorded…in which Judgment Debtor, Rosalee Elliott aka Rosalie Elliott aka Rosalee Alcantara aka Rosalee Garcia, deeded to Defendant Rodrigo Camarena, the real property located at 10617 Casanes Avenue, Downey, California 90241. The deed to Rodrigo Camarena was signed by Martha Garcia, which is a name that differed from the name in which the Judgment Debtor took title to the real property….” (FAC 75.) “Plaintiff is seeking to Quiet Title against the claim of Defendants as follows: The Abstract of Judgment recorded on May 16, 2019 is superior to the claims of each of the Defendants and is a current lien on the real property until the outstanding balance of the Judgment plus accrued interest and costs is satisfied.” (FAC ¶6.)

Defendant CAMARENA (“Camarena”) demurs to the FAC pursuant to CCP §430.10(e). Specifically, Camarena argues that he cannot be charged with constructive knowledge that the Rosalee Garcia named on the Abstract of Judgment was the same as the Rosalie Martha Garcia or Martha Garcia who sold him the Property.

The elements for a quiet title action are: (1) a description of the property; (2) Plaintiff’s title or interest and the basis; (3) defendant is asserting an adverse claim or antagonistic property interest; (4) date as of which the determination is sought; and (5) prayer for determination of title. (CCP §761.020.) Camarena does not argue that facts in support of these elements are sufficiently pled.

The demurrer is OVERRULED. The material facts that are properly pled and judicially noticed are assumed true for purposes of a demurrer. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) The FAC, as alleged, does not establish that Camarena could not have had constructive notice of the Abstract of Judgment. The issue of constructive notice raises factual determinations more properly adjudicated on summary judgment or a trial on the merits.

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