This case was last updated from Los Angeles County Superior Courts on 11/04/2019 at 02:03:07 (UTC).

MARCO MACIAS VS. QUICKFIX INVESTMENTS, LLC

Case Summary

On 07/10/2017 MARCO MACIAS filed a Property - Foreclosure lawsuit against QUICKFIX INVESTMENTS, LLC. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is RALPH C. HOFER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6854

  • Filing Date:

    07/10/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RALPH C. HOFER

 

Party Details

Plaintiff

MACIAS MARCO

Defendants

QUICKFIX INVESTMENTS LLC.

WILSON-HAYDEN BLAKE

SBS TRUST DEED NETOWORK A CA. CORP.

Not Classified By Court

TEST PARTY FOR TRUST CONVERSION

Attorney/Law Firm Details

Plaintiff Attorneys

LAW OFFICE OF GILBERT SAUCEDO

COHEN EARLE H.

Defendant Attorneys

MARK D. ESTLE

BRUCE B. PALLER

PALLER BRUCE B.

PALLER BRUCE BARCLAY

 

Court Documents

Request for Judicial Notice

10/2/2019: Request for Judicial Notice

Order - ORDER AFTER EX PARTE APPLICATION TO CONFIRM CONTRACTURAL ARBITRATION AWARD AND DISSOLVE THE PRELIMINARY INJUNCTION

2/13/2019: Order - ORDER AFTER EX PARTE APPLICATION TO CONFIRM CONTRACTURAL ARBITRATION AWARD AND DISSOLVE THE PRELIMINARY INJUNCTION

Opposition - OPPOSITION TO MOTION TO EXONERATE BOND

6/18/2019: Opposition - OPPOSITION TO MOTION TO EXONERATE BOND

Declaration - DECLARATION OF DEFENDANT BLAKE WILSON-HAYDEN

6/18/2019: Declaration - DECLARATION OF DEFENDANT BLAKE WILSON-HAYDEN

Motion re: - MOTION RE: NOTICE OF MOTION AND MOTION TO EXONERATE BOND

6/3/2019: Motion re: - MOTION RE: NOTICE OF MOTION AND MOTION TO EXONERATE BOND

Substitution of Attorney

1/25/2018: Substitution of Attorney

Legacy Document - LEGACY DOCUMENT TYPE: Notice of Motion

7/19/2017: Legacy Document - LEGACY DOCUMENT TYPE: Notice of Motion

Legacy Document - LEGACY DOCUMENT TYPE: Opposition

8/7/2017: Legacy Document - LEGACY DOCUMENT TYPE: Opposition

Legacy Document - LEGACY DOCUMENT TYPE: Objection

8/9/2017: Legacy Document - LEGACY DOCUMENT TYPE: Objection

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

8/11/2017: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Other - - Civil Deposit

8/25/2017: Other - - Civil Deposit

Legacy Document - LEGACY DOCUMENT TYPE: Notice

8/30/2017: Legacy Document - LEGACY DOCUMENT TYPE: Notice

Minute Order - Minute order entered: 2017-09-25 00:00:00

9/25/2017: Minute Order - Minute order entered: 2017-09-25 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Request

10/12/2017: Legacy Document - LEGACY DOCUMENT TYPE: Request

Notice of Case Management Conference

11/27/2017: Notice of Case Management Conference

Case Management Statement

1/31/2018: Case Management Statement

Notice of Ruling

2/5/2018: Notice of Ruling

Notice of Ruling

11/16/2018: Notice of Ruling

42 More Documents Available

 

Docket Entries

  • 01/03/2020
  • Hearing01/03/2020 at 08:30 AM in Department D at 600 East Broadway, Glendale, CA 91206; Hearing on Motion for Order Release of Plaintiff's $45,000 Undertaking

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  • 10/02/2019
  • DocketMotion for Order (Release $45,000 Undertaking); Filed by QUICKFIX INVESTMENTS, LLC. (Defendant)

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  • 10/02/2019
  • DocketDeclaration (Blake Wilson-Hayden); Filed by QUICKFIX INVESTMENTS, LLC. (Defendant)

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  • 10/02/2019
  • DocketRequest for Judicial Notice; Filed by QUICKFIX INVESTMENTS, LLC. (Defendant)

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  • 07/05/2019
  • Docketat 08:30 AM in Department D; Hearing on Motion - Other (To Exonerate Bond filed on behalf of Plaintiff Marco Macias) - Held - Motion Denied

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  • 07/05/2019
  • DocketMinute Order ( (Hearing on Motion - Other To Exonerate Bond filed on behalf o...)); Filed by Clerk

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  • 06/21/2019
  • Docketat 08:30 AM in Department D; Hearing on Motion - Other (Motion to Release Civil Bond) - Not Held - Rescheduled by Party

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  • 06/18/2019
  • DocketOpposition (to Motion to Exonerate Bond); Filed by QUICKFIX INVESTMENTS, LLC. (Defendant); BLAKE WILSON-HAYDEN (Defendant)

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  • 06/18/2019
  • DocketDeclaration (of Defendant Blake Wilson-Hayden); Filed by QUICKFIX INVESTMENTS, LLC. (Defendant); BLAKE WILSON-HAYDEN (Defendant)

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  • 06/03/2019
  • DocketMotion re: (Notice of Motion and Motion to Exonerate Bond); Filed by MARCO MACIAS (Plaintiff)

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83 More Docket Entries
  • 07/12/2017
  • DocketMinute order entered: 2017-07-12 00:00:00; Filed by Clerk

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  • 07/12/2017
  • DocketExParte Application; Filed by MARCO MACIAS (Plaintiff)

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  • 07/10/2017
  • DocketCivil Case Cover Sheet

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  • 07/10/2017
  • DocketSummons Filed

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  • 07/10/2017
  • DocketSummons; Filed by null

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  • 07/10/2017
  • DocketComplaint filed-Summons Issued

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  • 07/10/2017
  • DocketNotice of Order to Show Cause Re Failure to Comply with Trial Court Delay Reduction Act

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  • 07/10/2017
  • DocketNotice of Case Management Conference

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  • 07/10/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case

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  • 07/10/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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Tentative Rulings

Case Number: EC066854    Hearing Date: February 21, 2020    Dept: NCD

TENTATIVE RULING

Calendar: 16

Date: 2/21/20

Case No: EC 066854

Case Name: Macias v. Quickfix Investments, LLC, et al.

MOTION FOR RELEASE OF UNDERTAKING

Moving Party: Defendants Quickfix Investments, LLC and Blake Wilson-Hayden

Responding Party: Plaintiff Marco Macias (No Opposition)

RELIEF REQUESTED:

Order to release plaintiff’s $45,000 undertaking

SUMMARY OF FACTS:

Plaintiff Marco Macias alleges that he is the co-owner with non-party Juan Cuevas and occupies as his principal dwelling real property in Monterey Park. Plaintiff alleges that in October of 2014 he was approached by a friend who needed a loan, and as a favor plaintiff agreed to support a loan to his friend if the friend could locate a lender that would make a loan to be secured by a third deed of trust recorded against plaintiff’s property. The friend located a lender, defendant Quickfix Investments, LLC, and negotiated the terms of a “hard money” loan for $97,014 payable within six months at an annual interest rate of 15%. Plaintiff alleges that plaintiff was directed to go to an office in Los Angeles to execute the loan documents, which he did, but was not provided with copies of the documents he signed.

Plaintiff alleges that when foreclosure proceedings were commenced in 2017, he obtained from the escrow company a copy of the documents he signed and learned that the note provided for various increases in the interest rate, fees and penalties, and other charges. Plaintiff alleges that defendant failed to comply with Truth in Lending Act, and the California High Cost Law, entitling plaintiff to rescind the transaction.

On July 12, 2017, the court heard an ex parte application filed on behalf of plaintiff for a TRO and OSC re Preliminary Injunction to enjoin a trustee’s sale then scheduled for July 17, 2017. The application was granted, the TRO was issued, and the matter set for an OSC re preliminary injunction.

On August 11, 2017, the court granted the application for preliminary injunction, and ordered plaintiff to post a bond in the sum of $45,000. The bond was posted on August 25, 2017.

On February 2, 2018, the court heard a motion brought by defendants Quickfix Investments, LLC and Blake Wilson-Hayden to compel arbitration. The unopposed motion was granted, and the matter stayed as to all parties, including a non-arbitrating party, SBS Trust Deed Network, pending resolution of the arbitration.

On February 13, 2019, the court heard an ex parte application to confirm the contractual arbitration award and terminate the preliminary injunction, which was granted.

On July 5, 2019, the court heard a motion brought by plaintiff Macias to exonerate the bond. The motion was denied, the court ruling as follows:

“Motion to Exonerate Bond is DENIED. There has been no final judgment entered in this matter. Also, it is not clear what effect plaintiff’s pending bankruptcy has on plaintiff’s standing to seek relief in this matter, and it appears that defendants may have a claim to the bond funds, which may be pursued post-judgment.”

ANALYSIS:

Defendants Quickfix Investments and Wilson-Hayden bring this motion to release plaintiff’s $45,000 undertaking, on the ground judgment has been entered against plaintiff in favor of defendants, and that defendants were damaged by the wrongfully imposed injunction.

The problem remains with respect to this motion, as was a problem with plaintiff’s motion, that there has not yet been a judgment entered in this matter.

Defendants seek relief under CCP § 996.440, which provides, in pertinent part:

“(a) If a bond is given in an action or proceeding, the liability on the bond may be enforced on motion made in the court without the necessity of an independent action.

(b) The motion shall not be made until after entry of the final judgment in the action or proceeding in which the bond is given and the time for appeal has expired or, if an appeal is taken, until the appeal is finally determined. The motion shall not be made or notice of motion served more than one year after the later of the preceding dates.”

The motion concedes that although defendants were granted an ex parte application to confirm the arbitration, before judgment could be entered plaintiff filed for bankruptcy protection on March 26, 2019. The file does not show that judgment has yet been entered in this matter, and the moving papers concede that plaintiff is still currently in bankruptcy under a Chapter 13 petition.

Defendants indicate that they have been granted by the bankruptcy court relief from the automatic stay. [RFJN, Ex. A]. The bankruptcy court order indicates that as to movant, which is defined as the moving defendants here, Quickfix and Wilson-Hayden, the automatic stay of 11 U.S.C § 362(a) is “Terminated as to the Debtor and the Debtor’s bankruptcy estate,” and that movants “may proceed in the nonbankruptcy forum to final judgment (including any appeals) in accordance with nonbankrupcy law.” [RFJN, Ex. A ¶¶ 4, 5].

Defendants indicate that they have recently made a request for entry of judgment. Again, that request has evidently not been acted upon by the court, and since such a motion “shall not be made until after entry of the final judgment in the action or proceeding,” this motion is premature, and should be denied without prejudice. It will be discussed at the hearing whether the relief from the stay makes it appropriate for the court to enter judgment to start the time running at this juncture.

RULING:

[No Opposition].

Motion for Release of Plaintiff’s $45,000 Undertaking is DENIED WITHOUT PREJUDICE as premature. There has been no final judgment entered in this matter. See CCP § 996.440.

UNOPPOSED Request for Judicial Notice is GRANTED. The court notes that the bankruptcy court in plaintiff’s Chapter 13 proceedings has ordered the automatic stay of 11 U.S.C § 362(a) with respect to movant, defendants Quickfix Investments, LLC and Blake Wilson-Hayden, terminated as to the bankruptcy debtor and the debtor’s bankruptcy estate, permitting moving defendants to proceed in this court to final judgment. The court will accordingly enter final judgment in accordance with the court’s order of February 13, 2019 confirming the contractual arbitration award as soon as a proper form of judgment is submitted by defendants.