This case was last updated from Los Angeles County Superior Courts on 11/21/2022 at 21:09:00 (UTC).

HENRY AGUILA VS FIRST AMERICAN TITLE INSURANCE COMPANY, ET AL.

Case Summary

On 04/25/2022 HENRY AGUILA filed a Contract - Other Contract lawsuit against FIRST AMERICAN TITLE INSURANCE COMPANY,. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are OLIVIA ROSALES and MARGARET MILLER BERNAL. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0313

  • Filing Date:

    04/25/2022

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OLIVIA ROSALES

MARGARET MILLER BERNAL

 

Party Details

Plaintiff

AGUILA HENRY

Defendants

FIRST AMERICAN TITLE INSURANCE COMPANY

FULLER ANDREW

MORTGAGE CO. OF SANTA BARBARA

PICO RIVERA FIRST MORTGAGE INVESTORS LP

PICO RIVERA FIRST MORGAGE INVESTORS LP

WOOSLEY ERIC

Not Classified By Court

CENTURY LAW GROUP

Attorney/Law Firm Details

Defendant Attorneys

EGERER ASHLEY DORRIS

WOOSLEY ERIC

Not Classified By Court Attorney

EVANNS RICHARD O

 

Court Documents

Receipt for Transmitted Record

10/17/2022: Receipt for Transmitted Record

Notice of Outgoing Transfer

10/17/2022: Notice of Outgoing Transfer

Memorandum of Costs (Summary)

10/14/2022: Memorandum of Costs (Summary)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

8/25/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Amendment to Complaint (Fictitious/Incorrect Name)

8/31/2022: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

8/31/2022: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

8/31/2022: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

8/31/2022: Amendment to Complaint (Fictitious/Incorrect Name)

Notice of Lien

9/6/2022: Notice of Lien

Proof of Service by Mail

9/8/2022: Proof of Service by Mail

Proof of Service (not Summons and Complaint)

9/8/2022: Proof of Service (not Summons and Complaint)

Notice - NOTICE OF NON-OPPOSITION TO MOTION CHANGE VENUE

9/26/2022: Notice - NOTICE OF NON-OPPOSITION TO MOTION CHANGE VENUE

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR CHANGE OF VENUE)

9/29/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR CHANGE OF VENUE)

Order - COURT ORDER/RULING (HEARING 9-29-22)

9/29/2022: Order - COURT ORDER/RULING (HEARING 9-29-22)

Motion to Transfer - MOTION TO TRANSFER CASE (CHANGE VENUE) TO SANTA BARBARA SUPERIOR COURT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF ASHLEY DORRIS EGERER

8/2/2022: Motion to Transfer - MOTION TO TRANSFER CASE (CHANGE VENUE) TO SANTA BARBARA SUPERIOR COURT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF ASHLEY DORRIS EGERER

Case Management Statement

8/9/2022: Case Management Statement

Case Management Statement

8/11/2022: Case Management Statement

Order - COURT ORDER/RULING (HEARING 7-19-22)

7/19/2022: Order - COURT ORDER/RULING (HEARING 7-19-22)

17 More Documents Available

 

Docket Entries

  • 01/04/2023
  • Hearing01/04/2023 at 1:30 PM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Case Management Conference

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  • 10/17/2022
  • DocketNotice of Outgoing Transfer; Filed by: Clerk

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  • 10/17/2022
  • DocketReceipt for Transmitted Record; Filed by: Clerk

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  • 10/17/2022
  • DocketNotice of Outgoing Transfer; Filed by: Clerk

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  • 10/17/2022
  • DocketThe case is removed from the special status of: Transfer/Reclassification Pending

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  • 10/17/2022
  • DocketThe case is removed from the special status of: Transfer/Reclassification Pending

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  • 10/17/2022
  • DocketCase is transferred to Santa Barbara county

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  • 10/14/2022
  • DocketMemorandum of Costs (Summary); Filed by: First American Title Insurance Company (Defendant); As to: First American Title Insurance Company (Defendant); Total Costs: 485.89

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  • 09/29/2022
  • DocketUpdated -- Motion to Transfer CASE (CHANGE VENUE) TO SANTA BARBARA SUPERIOR COURT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF ASHLEY DORRIS EGERER: Filed By: First American Title Insurance Company (Defendant); Result: Granted; Result Date: 09/29/2022

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  • 09/29/2022
  • DocketCase Management Conference scheduled for 01/04/2023 at 01:30 PM in Norwalk Courthouse at Department F

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28 More Docket Entries
  • 06/06/2022
  • DocketMotion to Transfer; Filed by: Mortgage Co. of Santa Barbara (Defendant); Andrew Fuller (Defendant)

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  • 06/06/2022
  • DocketHearing on Motion for Change of Venue scheduled for 07/19/2022 at 09:30 AM in Norwalk Courthouse at Department C

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  • 04/26/2022
  • DocketSummons on Complaint; Issued and Filed by: Henry Aguila (Plaintiff); As to: First American Title Insurance Company (Defendant); Mortgage Co. of Santa Barbara (Defendant); Pico Rivera First Mortgage Investors LP (Defendant) et al.

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  • 04/26/2022
  • DocketNotice of Errata; Filed by: Henry Aguila (Plaintiff); As to: First American Title Insurance Company (Defendant); Mortgage Co. of Santa Barbara (Defendant); Pico Rivera First Mortgage Investors LP (Defendant) et al.

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  • 04/25/2022
  • DocketComplaint; Filed by: Henry Aguila (Plaintiff); As to: First American Title Insurance Company (Defendant); Mortgage Co. of Santa Barbara (Defendant); Pico Rivera First Mortgage Investors LP (Defendant) et al.

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  • 04/25/2022
  • DocketCivil Case Cover Sheet; Filed by: Henry Aguila (Plaintiff); As to: First American Title Insurance Company (Defendant); Mortgage Co. of Santa Barbara (Defendant); Pico Rivera First Mortgage Investors LP (Defendant) et al.

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  • 04/25/2022
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk

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  • 04/25/2022
  • DocketCase Management Conference scheduled for 08/25/2022 at 01:30 PM in Norwalk Courthouse at Department F

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  • 04/25/2022
  • DocketNotice of Case Management Conference; Filed by: Clerk

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  • 04/25/2022
  • DocketCase assigned to Hon. Margaret Miller Bernal in Department F Norwalk Courthouse

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Tentative Rulings

Case Number: *******0313 Hearing Date: September 29, 2022 Dept: SEC

AGUILA v. FIRST AMERICAN TITLE INSURANCE COMPANY

CASE NO.: *******0313

HEARING: 09/29/22

#1

TENTATIVE ORDER

Defendant FIRST AMERICAN TITLE INSURANCE COMPANY’s unopposed motion to transfer venue is GRANTED.

Moving Party to give Notice.

No Opposition filed as of September 27, 2022.

This breach of contract action was filed by Plaintiff HENRY AGUILA (“Plaintiff”) (pro per) on April 25, 2022.

Defendant FIRST AMENRICAN TITLE INSURANCE COMPANY (“Defendant”) moves to transfer this action from Los Angeles County to Santa Barbara County pursuant to CCP 397(a). Defendant argues Plaintiff’s claims are based on a Title Policy which was negotiated and issued in Santa Barbara, and the terms of which were litigated in Santa Barbara. Defendant further contends that the Santa Barbara Superior Court retained jurisdiction over the subject matter of this lawsuit.

“If a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of this action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred in the county where it is to be performed, unless there is a special contract in writing to the contrary.” (CCP 395(a).)

In support of its Motion, Defendant proffers the following evidence: the Tile Policy was negotiated, issued, and entered into in Santa Barbara; there is a related Settlement Agreement to be performed in Santa Barbara County; and the Santa Barbara Superior Court retained jurisdiction to enforce the Settlement Agreement. (See Egerer Decl., 4-5.)

For all of the reasons articulated above, this case belongs in Santa Barbara Superior Court. Defendant’s Motion is GRANTED. Also, pursuant to CCP 399(a), Plaintiff is ORDERED to pay Defendants all transfer costs and fees.

Defendant is ORDERED to submit a memorandum of costs within 20 days of the Court’s issuance of this ruling. Plaintiff is then ORDERED to pay Defendant all transfer costs and fees within 30 days of this Court’s issuance of a ruling on Defendant’s memorandum of costs.



Case Number: *******0313 Hearing Date: July 19, 2022 Dept: SEC

AGUILA v. FIRST AMERICAN TITLE INSURANCE COMPANY, et al.

CASE NO.: *******0313

HEARING: 7/19/22 @ 9:30 AM

JUDGE: OLIVIA ROSALES

#2

TENTATIVE RULING

Defendants Pico Rivera First Mortgage Investors, LP, Mortgage Co. of Santa Barbara, Inc., and Andrew Fuller’s unopposed motion to transfer case (change venue) to Santa Barbara Superior Court is GRANTED.

Moving Parties to give NOTICE.

Defendant Pico Rivera First Mortgage Investors, LP (“PRFMI”), Mortgage Co. of Santa Barbara, Inc., and Andrew Fuller move to transfer this action to the Santa Barbara Superior Court pursuant to CCP 396b(a).

“Upon the hearing of the motion [to change venue] the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.” (CCP 396b(a).)

PRFMI and Mortgage Co. are entitled to a change of venue on the causes of action against them because Defendants are governed by a contractual venue provision specifying that venue is proper exclusively in Santa Barbara Superior Court. Further, Fuller is entitled to a change of venue on the cause of action against him for intentional infliction of emotional distress because he resides in Santa Barbara County. (CCP 395(a); Carruth v. Superior Court (1978) 80 Cal.App.3d 215, 219-220; Cubic Corp. v. Superior Court (1986) 186 Cal.App.3d 622, 625.)

Accordingly, motion is GRANTED. Plaintiff failed to file any Opposition. The matter is transferred to Santa Barbara County. Plaintiff to bear all costs associated with the transfer.



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