This case was last updated from Los Angeles County Superior Courts on 07/24/2022 at 18:44:30 (UTC).

FELISA DEE RICHARDS VS GREGORY FUNDING LLC, AN OREGON LIMITED LIABILITY COMPANY

Case Summary

On 11/17/2020 FELISA DEE RICHARDS filed a Property - Foreclosure lawsuit against GREGORY FUNDING LLC, AN OREGON LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JAMES C. CHALFANT and ROBERT B. BROADBELT. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3833

  • Filing Date:

    11/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROBERT B. BROADBELT

JAMES C. CHALFANT

 

Party Details

Plaintiff

RICHARDS FELISA DEE

Defendants

AFFINIA DEFAULT SERVICES LLC A FLORIDA LIMITED LIABILITY COMPANY

GREGORY FUNDING LLC AN OREGON LIMITED LIABILITY COMPANY

WELLS FARGO BANK N.A. A NATIONAL BANKING ASSOCIATION

AJAX MORTGAGE LOAN TRUST 2018-G A DELAWARE STATUTORY TRUST

PALADAR CAPITAL INVESTMENTS LP A CALIFORNIA BASED CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

BOWEN WILLIAM DALEBOUT

BOWEN WILLIAM D. ESQ.

Defendant Attorneys

MASE ANDREW JONATHAN

DINEEN JOHN C. ESQ.

MASE ANDREW

STILLMAN JASON JOSEPH

DINEEN JOHN

 

Court Documents

Case Management Statement

7/22/2022: Case Management Statement

Reply - REPLY IN SUPPORT OF ITS DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT; DECLARATION OF MELISSA A. FREELING IN SUPPORT THEREOF

7/20/2022: Reply - REPLY IN SUPPORT OF ITS DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT; DECLARATION OF MELISSA A. FREELING IN SUPPORT THEREOF

Case Management Statement

7/11/2022: Case Management Statement

Case Management Statement

7/12/2022: Case Management Statement

Memorandum of Points & Authorities

11/17/2021: Memorandum of Points & Authorities

Motion for Preliminary Injunction

11/17/2021: Motion for Preliminary Injunction

Declaration - DECLARATION DECLARATION OF FELISA DEE RICHARDS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

11/17/2021: Declaration - DECLARATION DECLARATION OF FELISA DEE RICHARDS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

Opposition - OPPOSITION DECLARATION OF ANDREW MASE IN OPPOSITION TO PLAINTIFFS EX PARTE REQUEST

11/17/2021: Opposition - OPPOSITION DECLARATION OF ANDREW MASE IN OPPOSITION TO PLAINTIFFS EX PARTE REQUEST

Declaration - DECLARATION OF ANTON PETER MARANTZ FOR PALADAR CAPITAL INVESTMENTS, LP, IN OPPOSITION TO PLAINTIFF FELISA DEE RICHARDS' EX PARTE APPLICATION TO ADVANCE HEARING ON MOTION FOR PRELIMINARY

11/17/2021: Declaration - DECLARATION OF ANTON PETER MARANTZ FOR PALADAR CAPITAL INVESTMENTS, LP, IN OPPOSITION TO PLAINTIFF FELISA DEE RICHARDS' EX PARTE APPLICATION TO ADVANCE HEARING ON MOTION FOR PRELIMINARY

Case Management Statement

12/1/2021: Case Management Statement

Case Management Statement

12/6/2021: Case Management Statement

Case Management Statement

12/7/2021: Case Management Statement

Amended Complaint - AMENDED COMPLAINT (1ST)

12/10/2021: Amended Complaint - AMENDED COMPLAINT (1ST)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

12/10/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/17/2021

12/17/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 12/17/2021

Minute Order - MINUTE ORDER (COURT ORDER)

12/17/2021: Minute Order - MINUTE ORDER (COURT ORDER)

Notice of Continuance

12/20/2021: Notice of Continuance

Notice of Posting of Jury Fees

1/3/2022: Notice of Posting of Jury Fees

73 More Documents Available

 

Docket Entries

  • 08/02/2022
  • Hearing08/02/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Expunge Lis Pendens

    Read MoreRead Less
  • 07/27/2022
  • Hearing07/27/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

    Read MoreRead Less
  • 07/27/2022
  • Hearing07/27/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

    Read MoreRead Less
  • 07/27/2022
  • Hearing07/27/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

    Read MoreRead Less
  • 07/27/2022
  • Hearing07/27/2022 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

    Read MoreRead Less
  • 07/22/2022
  • DocketCase Management Statement; Filed by Paladar Capital Investments, LP a California based Corporation (Defendant)

    Read MoreRead Less
  • 07/20/2022
  • DocketReply (IN SUPPORT OF ITS DEMURRER TO PLAINTIFF?S FIRST AMENDED COMPLAINT; DECLARATION OF MELISSA A. FREELING IN SUPPORT THEREOF); Filed by Wells Fargo Bank, N.A., a national banking association (Defendant)

    Read MoreRead Less
  • 07/12/2022
  • DocketCase Management Statement; Filed by Gregory Funding LLC, an Oregon limited liability company (Defendant)

    Read MoreRead Less
  • 07/11/2022
  • DocketCase Management Statement; Filed by Wells Fargo Bank, N.A., a national banking association (Defendant)

    Read MoreRead Less
  • 05/25/2022
  • DocketNotice of Ruling; Filed by Paladar Capital Investments, LP a California based Corporation (Defendant)

    Read MoreRead Less
97 More Docket Entries
  • 12/01/2020
  • DocketDeclaration (of Non-Monetary Status to Plaintiff's Complaint); Filed by Affinia Default Services LLC, a Florida limited liability company (Defendant)

    Read MoreRead Less
  • 11/17/2020
  • Docketat 08:30 AM in Department 85, James C. Chalfant, Presiding; Hearing on Ex Parte Application (for Temporary Restraining Order and Order to Show Cause RePreliminary Injunction) - Held - Motion Denied

    Read MoreRead Less
  • 11/17/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 11/17/2020
  • DocketSummons (on Complaint); Filed by Clerk

    Read MoreRead Less
  • 11/17/2020
  • DocketMemorandum of Points & Authorities; Filed by Felisa Dee Richards (Plaintiff)

    Read MoreRead Less
  • 11/17/2020
  • DocketComplaint; Filed by Felisa Dee Richards (Plaintiff)

    Read MoreRead Less
  • 11/17/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application of Plaintiff for Temporary Re...)); Filed by Clerk

    Read MoreRead Less
  • 11/17/2020
  • DocketEx Parte Application (temporary restraining order); Filed by Felisa Dee Richards (Plaintiff)

    Read MoreRead Less
  • 11/17/2020
  • DocketDeclaration (of William D. Bowen); Filed by Felisa Dee Richards (Plaintiff)

    Read MoreRead Less
  • 11/17/2020
  • DocketCivil Case Cover Sheet; Filed by Felisa Dee Richards (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: *******3833 Hearing Date: August 2, 2022 Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

felisa dee richards ,

Plaintiff,

vs.

gregory funding, llc , et al.,

Defendants.

Case No.:

*******3833

Hearing Date:

August 2, 2022

Time:

10:00 a.m.

[Tentative] Order RE:

defendant paladar capital investments, lp’s motion to expunge notice of pendency of action

MOVING PARTY: Defendant Paladar Capital Investments, LP

RESPONDING PARTY: Unopposed

Motion to Expunge Notice of Pendency of Action

The court considered the moving papers filed in connection with this motion. No opposition was filed.

BACKGROUND

Plaintiff Felisa Dee Richards (“Plaintiff”) filed this wrongful foreclosure action on November 17, 2020. On December 10, 2021, Plaintiff filed the operative First Amended Complaint against defendants Gregory Funding, LLC, Affinia Default Services, LLC, Ajax Mortgage Loan Trust 2018-G, by U.S. Bank National Association as Indenture Trustee, Wells Fargo Bank, N.A., and Paladar Capital Investments, LP. The First Amended Complaint alleges 23 causes of action, and asserts claims for wrongful foreclosure, quiet title, fraud, and violations of the Homeowners’ Bill of Rights and Fair Debt Collection Practices Act.

DISCUSSION

Plaintiff filed a Notice of Pendency of Action with the court on September 27, 2021, indicating that the real property located at 28040 Concord Avenue, Castaic, California 91384 (the “Property”) is the subject of this action. On January 3, 2022, Plaintiff recorded a Notice of Pendency of Action indicating that Plaintiff filed a complaint against, inter alia, defendant Paladar Capital Investments LP (“Defendant”), relating to the Property and asserting claims for wrongful foreclosure and quiet title. (Johnson Decl., Ex. 3.)

Defendant now moves the court for an order expunging the January 3, 2022 notice of pendency of action on the ground that Plaintiff cannot prove the probable validity of her claims.

The court finds that Plaintiff has failed to meet her burden of establishing, by a preponderance of the evidence, the probable validity of her real property claims and therefore grants Defendant’s motion. (Code Civ. Proc., 405.32.)

“‘A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title or right to possession of the real property described in the notice.’” (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 647.) Any time after a notice of pendency of action has been recorded, any party or nonparty with an interest in the real property affected thereby may move the court in which the action is pending to expunge the notice. (Code Civ. Pro., 405.30.) The court must order the notice expunged if the court finds any of the following: the pleading on which the notice is based does not contain a real property claim; the claimant has not established by preponderance of the evidence the probable validity of the real property claim; or the real property claim has probable validity, but adequate relief can be secured by the giving of an undertaking. (Code Civ. Pro., 405.31-405.33.)

First, the court finds, and Defendant does not appear to dispute, that Plaintiff’s operative complaint—alleging causes of action for wrongful foreclosure and quiet title—contains a real property claim. (Weil and Brown, Civ. Proc. Before Trial (2018) 9:431 [the allegations of the operative complaint determine whether a real property claim is involved].)

Second, the court finds that Plaintiff has failed to meet her burden to establish by a preponderance of the evidence the probable validity of her real property claims. Defendant contends that Plaintiff cannot prevail on her claims against Defendant on the ground that Defendant is a bona fide purchaser that purchased the Property at a trustee’s sale on November 17, 2020. (Johnson Decl., 2-3.) Plaintiff has not filed opposition papers refuting Defendant’s position.

The burden of proving the probable validity of the real property claims is placed on the claimant, i.e., Plaintiff. (J&A Mash & Barrel, LLC v. Superior Court (2022) 74 Cal.App.5th 1, 33; Code Civ. Proc., 405.32.) By failing to oppose Defendant’s motion, Plaintiff has failed to present evidence or argument to the court establishing the probable validity, by a preponderance of the evidence, of her real property claims.

The court therefore must grant Defendant’s motion and expunge the notice of pendency of action. (Code Civ. Proc., 405.32 [the court “shall” order the notice expunged if the claimant has not established the probable validity of the real property claim].)

ORDER

The court grants defendant Paladar Capital Investment LP’s Motion to Expunge Lis Pendens. (Code Civ. Proc., 405.32.)

The court orders that the Notice of Pendency of Action recorded against the property commonly known as 28040 Concord Avenue, Castaic, California 91384 on January 3, 2022, as attached to the declaration of Casey Johnson as Exhibit 3, is expunged.

The court orders defendant Paladar Capital Investment, LP to give notice of this ruling.

IT IS SO ORDERED.

DATED: August 2, 2022

Robert B. Broadbelt III

Judge of the Superior Court



related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Paladar Capital Investments, LP is a litigant

Latest cases where AJAX MORTGAGE LOAN TRUST 2018-G A DELAWARE STATUTORY TRUST is a litigant

Latest cases where GREGORY FUNDING LLC. AN OREGON LIMITED LIABILITY COMPANY is a litigant

Latest cases where Affina Default Services, LLC is a litigant