This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 03:51:07 (UTC).

JOHN ROSENFELD VS RICHARD JOHN HERNANDEZ

Case Summary

On 06/23/2017 JOHN ROSENFELD filed a Property - Other Property Fraud lawsuit against RICHARD JOHN HERNANDEZ. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is GLORIA WHITE-BROWN. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9410

  • Filing Date:

    06/23/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GLORIA WHITE-BROWN

 

Party Details

Plaintiff

ROSENFELD JOHN

Defendants

J N J PROPERTIES INC

HERNANDEZ RICHARD

HERNANDEZ RICKY

PRIME EQUITY MORTGAGE

QUEZADA ANDREW

HERNANDEZ RICHARD JOHN

ARIAS GEORGE

ARIAS JOAQUIN GEORGE

QUEZADA ANDREW ERNIE

PRIME EQUITY ACQUISTIONS & HOLDINGS LLC

SPECTRA HOME LOANS INC

ARIAS JOAQUIN GEORGE AKA GEORGE ARIAS

PRIME EQUITY ACQUISITIONS & HOLDINGS LLC

J N J PROPERTIES INC.

QUEZADA ANDREW ERNIE AKA ANDREW QUEZADA

SPECTRA HOME LOANS INC.

HERNANDEZ RICHARD JOHN AKA RICHARD HERNANDEZ AKA RICKY HERNANDEZ

Attorney/Law Firm Details

Plaintiff Attorneys

PITRE RANDALL J. LAW OFFICES OF

PITRE RANDALL JOHN

Defendant Attorney

TORRES-SIEGRIST DAVID GABRIEL

 

Court Documents

Unknown

3/5/2018: Unknown

Unknown

3/9/2018: Unknown

Minute Order

3/16/2018: Minute Order

Notice of Ruling

3/19/2018: Notice of Ruling

Unknown

3/28/2018: Unknown

Unknown

3/28/2018: Unknown

Unknown

4/3/2018: Unknown

Minute Order

4/20/2018: Minute Order

Other -

4/20/2018: Other -

Unknown

4/20/2018: Unknown

Unknown

4/23/2018: Unknown

Unknown

4/25/2018: Unknown

Order

7/25/2018: Order

Minute Order

10/24/2018: Minute Order

Stipulation

10/25/2018: Stipulation

Request for Entry of Default / Judgment

11/13/2018: Request for Entry of Default / Judgment

Motion to Vacate

12/28/2018: Motion to Vacate

Order

3/7/2019: Order

16 More Documents Available

 

Docket Entries

  • 03/27/2019
  • Notice of Ruling; Filed by John Rosenfeld (Plaintiff)

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  • 03/07/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion - Other (Dismissal of Hernandez) - Held - Motion Granted

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  • 03/07/2019
  • Order (Tentative Ruling); Filed by Clerk

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  • 03/07/2019
  • Minute Order ( (Hearing on Motion - Other Dismissal of Hernandez)); Filed by Clerk

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  • 02/19/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 02/08/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 12/28/2018
  • Motion to Vacate (Dismissal of defendant Richard John Hernandez aka Richard Hernandez, aka Ricky Hernandez, Nunc Pro Tunc, and for Entry of Default); Filed by John Rosenfeld (Plaintiff)

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  • 12/04/2018
  • Request for Dismissal; Filed by John Rosenfeld (Plaintiff)

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  • 11/26/2018
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 11/13/2018
  • Request for Entry of Default / Judgment; Filed by John Rosenfeld (Plaintiff)

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73 More Docket Entries
  • 09/25/2017
  • Rtn of Service of Summons & Compl; Filed by John Rosenfeld (Plaintiff)

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  • 09/25/2017
  • Rtn of Service of Summons & Compl; Filed by John Rosenfeld (Plaintiff)

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  • 09/25/2017
  • Rtn of Service of Summons & Compl; Filed by John Rosenfeld (Plaintiff)

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  • 09/25/2017
  • Rtn of Service of Summons & Compl; Filed by John Rosenfeld (Plaintiff)

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  • 09/25/2017
  • Declaration; Filed by John Rosenfeld (Plaintiff)

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  • 08/17/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 06/27/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 06/23/2017
  • Civil Case Cover Sheet; Filed by John Rosenfeld (Plaintiff)

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  • 06/23/2017
  • Summons (on Complaint)

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  • 06/23/2017
  • Complaint; Filed by John Rosenfeld (Plaintiff)

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Tentative Rulings

Case Number: KC069410    Hearing Date: December 06, 2019    Dept: J

OSC DATE: Friday, December 6, 2019

RE: Rosenfeld v. Hernandez, et al. (KC069410)

______________________________________________________________________________

 

Plaintiff John Rosenfeld’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff John Rosenfeld’s Application for Default Judgment is GRANTED.

Background

Plaintiff John Rosenfeld (“Plaintiff”) alleges that, during the period from August 2015 to December 2016, he made loans to Richard John Hernandez aka Richard Hernandez aka Ricky Hernandez (“Hernandez”) and Andrew Ernie Quezada aka Andrew Quezada (“Quezada”) which they would lend out to third parties as part of their business making and arranging loans for third party borrowers. Plaintiff alleges that Hernandez has defaulted on promissory notes. Plaintiff alleges that Defendants failed to disclose, inter alia, that Hernandez’s license with the Board of Real Estate (“BRE”) had been revoked as of April 16, 2016 and that Prime Equity Mortgage (“Prime Partnership”) was not licensed as a real estate broker by the BRE. Plaintiff alleges that Hernandez and Quezada had their salesperson licenses placed under the supervision of JNJ Properties, Inc. (“JNJ”), Joaquin George Arias aka George Arias (“Arias”) and/or Spectra Home Loans, Inc. (“Spectra”). On June 23, 2017, Plaintiff filed a complaint. On October 11, 2017, Hernandez’s default was entered. On October 27, 2017, Arias was dismissed, without prejudice. On November 15, 2017, Plaintiff filed a First Amended Complaint. On January 17, 2018, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Hernandez, Quezada, Prime Partnership, Prime Equity Acquisitions & Holdings, LLC (“Prime LLC”), JNJ, Spectra and Does 1-100 for:

  1. Damages for Fraud—Failure to Disclose Material Facts (against Hernandez, Quezada, Prime Partnership and Prime LLC only)
  2. Damages for Fraud—False Representations (against Hernandez, Quezada, and Prime Partnership only)
  3. Negligent Supervision (against JNJ and Spectra only)
  4. Collection on Promissory Note (against Hernandez only)
  5. Collection on Promissory Note (against Hernandez only)
  6. Collection on Promissory Note (against Hernandez only)
  7. Restitution and Injunctive Relief for Unfair Business Practices (against Hernandez, Quezada, Prime Partnership and Prime LLC only)

On March 16, 2018, the court sustained JNJ’s and Spectra’s demurrer to the third cause of action without leave to amend.

On April 20, 2018, Plaintiff filed a proof of service, which reflected that Hernandez had been personally served with the summons and SAC on April 13, 2018.

On October 24, 2018, a Stipulation re: Settlement was filed; on that date, the court ordered Rosenfield’s complaint dismissed with prejudice. On December 4, 2018, Plaintiff dismissed the entire action as against all defendants except Hernandez, with prejudice.

On March 7, 2019, the court granted Plaintiff’s motion to vacate dismissal of Hernandez nunc pro tunc and set an Order to Show Cause Re: Default Judgment for July 1, 2019.

On June 21, 2019, Hernandez’s default was entered on the SAC.

Discussion

Plaintiff’s Application for Default Judgment is GRANTED.

ANALYSIS

Yes (6/21/19) Default Entered. (JC Form CIV-100.)

N/A ___ _______ Dismissal of all parties against whom judgment is not sought or an

application for separate judgment against specified parties under CCP

579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).)

Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).)

Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)

Yes Summary of the case. (CRC 3.1800 (a)(1).)

Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).)

Yes Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.)

Yes_________ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)

Yes ___________ Memorandum of costs and disbursements. (CRC 3.1800 (a)(4); JC Form CIV-100 item 7.)

Yes ___________ Declaration of nonmilitary status for each defendant. (CRC 3.1800 (a)(5); JC Form CIV-100 item 8.)

Yes Proposed form of judgment. (CRC 3.1800 (a)(6).)

N/A Statement of Damages served (P.I./wrongful death). (JC Form MC-010; CCP 425.11.)

N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)