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This case was last updated from Los Angeles County Superior Courts on 09/14/2020 at 21:04:45 (UTC).

MARIA VAQUERANO, ET AL. VS. VERA SIEGERT, ET AL.

Case Summary

On 01/03/2017 MARIA VAQUERANO filed a Contract - Other Contract lawsuit against VERA SIEGERT. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7500

  • Filing Date:

    01/03/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiffs

RIVAS NORMA

VAQUERANO MARIA

VAQUERANO JAIME

VAQUERANO JIMMY

Defendants

SIEGERT VERA

POWER BROKERS INTERNATIONAL INC.

CASTELLANOS VERA

SIEGERT ELKIN

HILLERMAN ALAN

MARIA ITALIA CREAMER

POWER BROKERS INTERNATIONAL INC

ABA LAW GROUP

Attorney/Law Firm Details

Plaintiff Attorney

JANKIELEWICZ & SONS

Defendant Attorneys

ZIMMERMAN KURT FREDRIC

ZIMMERMAN KURT

Other Attorneys

NETZAH & SHEM-TOV INC.

 

Court Documents

Motion to Set Aside/Vacate Default - NOTICE OF MOTION AND MOTION TO: VACATE/SET ASIDE DEFAULT, AND DEFAULT JUDGMENT

12/12/2019: Motion to Set Aside/Vacate Default - NOTICE OF MOTION AND MOTION TO: VACATE/SET ASIDE DEFAULT, AND DEFAULT JUDGMENT

Motion to Set Aside/Vacate Default and / or Default Judgment

12/13/2019: Motion to Set Aside/Vacate Default and / or Default Judgment

Opposition - NOTICE OF OPPOSITION AND OPPOSITION TO VERA CASTELLANOS' MOTION TO SET ASIDE; REQUEST FOR SANCTIONS TOTALING $2,000 AGAINST VERA CASTELLANO, AND ATTORNEYS CHRISTOP

12/18/2019: Opposition - NOTICE OF OPPOSITION AND OPPOSITION TO VERA CASTELLANOS' MOTION TO SET ASIDE; REQUEST FOR SANCTIONS TOTALING $2,000 AGAINST VERA CASTELLANO, AND ATTORNEYS CHRISTOP

Minute Order - MINUTE ORDER (COURT ORDER CONTINUING HEARING ON APPLICATION SETTING ORDER T...)

1/21/2020: Minute Order - MINUTE ORDER (COURT ORDER CONTINUING HEARING ON APPLICATION SETTING ORDER T...)

Order - ORDER TO SHOW CAUSE FOR SALE OF DWELLING

2/11/2020: Order - ORDER TO SHOW CAUSE FOR SALE OF DWELLING

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER CONTINUING/VACATING HEARING DATE(S)) OF 04/15/2020

4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER CONTINUING/VACATING HEARING DATE(S)) OF 04/15/2020

Notice - NOTICE OF CONTINUANCE OF MOTION FOR ATTORNEY FEES

8/3/2020: Notice - NOTICE OF CONTINUANCE OF MOTION FOR ATTORNEY FEES

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ORDER FOR SALE OF DWELLING)

8/11/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ORDER FOR SALE OF DWELLING)

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

5/24/2017: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Legacy Document - LEGACY DOCUMENT TYPE: Opposition

6/21/2017: Legacy Document - LEGACY DOCUMENT TYPE: Opposition

Legacy Document - LEGACY DOCUMENT TYPE: Opposition

6/22/2017: Legacy Document - LEGACY DOCUMENT TYPE: Opposition

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

8/14/2017: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Legacy Document - LEGACY DOCUMENT TYPE: Order

9/19/2017: Legacy Document - LEGACY DOCUMENT TYPE: Order

Substitution of Attorney

11/3/2017: Substitution of Attorney

Legacy Document - LEGACY DOCUMENT TYPE: Motion to Compel

11/14/2017: Legacy Document - LEGACY DOCUMENT TYPE: Motion to Compel

Legacy Document - LEGACY DOCUMENT TYPE: Notice

11/28/2017: Legacy Document - LEGACY DOCUMENT TYPE: Notice

Minute Order - Minute order entered: 2018-04-19 00:00:00

4/19/2018: Minute Order - Minute order entered: 2018-04-19 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Default Judgment

5/1/2018: Legacy Document - LEGACY DOCUMENT TYPE: Default Judgment

135 More Documents Available

 

Docket Entries

  • 10/27/2020
  • Hearing10/27/2020 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Order to Show Cause Re: Order for Sale of Dwelling

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  • 09/08/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing - Other (Motion for Attorney Fees) - Not Held - Clerical Error

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  • 09/08/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion for Attorney Fees - Not Held - Rescheduled by Court

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  • 09/08/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Order to Show Cause Re: Order for Sale of Dwelling - Not Held - Rescheduled by Court

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  • 09/01/2020
  • Docketat 2:59 PM in Department F47, Melvin D. Sandvig, Presiding; Court Order

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  • 09/01/2020
  • DocketMinute Order ( (COURT ORDER OF REASSIGNMENT PER 170.1(a)(6)(A)(i))); Filed by Clerk

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  • 09/01/2020
  • DocketCertificate of Mailing for ((COURT ORDER OF REASSIGNMENT PER 170.1(a)(6)(A)(i)) of 09/01/2020); Filed by Clerk

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  • 08/11/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Order to Show Cause Re: Order for Sale of Dwelling - Held - Continued

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  • 08/11/2020
  • DocketMinute Order ( (Order to Show Cause Re: Order for Sale of Dwelling)); Filed by Clerk

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  • 08/03/2020
  • DocketNotice (of Continuance of Motion for Attorney Fees); Filed by MARIA VAQUERANO (Plaintiff)

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183 More Docket Entries
  • 05/05/2017
  • DocketMiscellaneous-Other; Filed by MARIA VAQUERANO (Plaintiff); JIMMY VAQUERANO (Plaintiff); NORMA RIVAS (Plaintiff)

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  • 05/05/2017
  • DocketMotion to Compel; Filed by MARIA VAQUERANO (Plaintiff); JIMMY VAQUERANO (Plaintiff); NORMA RIVAS (Plaintiff)

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  • 05/05/2017
  • DocketMiscellaneous-Other; Filed by MARIA VAQUERANO (Plaintiff); JIMMY VAQUERANO (Plaintiff); NORMA RIVAS (Plaintiff)

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  • 04/18/2017
  • DocketCase Management Statement; Filed by MARIA VAQUERANO (Plaintiff); JIMMY VAQUERANO (Plaintiff); NORMA RIVAS (Plaintiff)

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  • 03/01/2017
  • DocketAnswer; Filed by VERA SIEGERT (Defendant); VERA CASTELLANOS (Defendant); ELKIN SIEGERT (Defendant)

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  • 01/30/2017
  • DocketNotice; Filed by MARIA VAQUERANO (Plaintiff); JIMMY VAQUERANO (Plaintiff); NORMA RIVAS (Plaintiff)

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  • 01/03/2017
  • DocketSummons; Filed by null

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  • 01/03/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 01/03/2017
  • DocketCivil Case Cover Sheet; Filed by MARIA VAQUERANO (Plaintiff); JIMMY VAQUERANO (Plaintiff); NORMA RIVAS (Plaintiff)

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  • 01/03/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case (and Notice of Case Management Conference); Filed by Clerk

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Tentative Rulings

Case Number: PC057500    Hearing Date: October 27, 2020    Dept: F49

Dept. F-49

Calendar # 7

Date: 10-27-20 c/f 8-11-20 c/f 4-29-20 c/f 3-23-20

Case #PC057500

APPLICATION FOR ORDER OF SALE OF DWELLING

MOVING PARTY: Judgment Creditors, Maria Vaquerano, et al.

RESPONDING PARTY: Unopposed/Judgment Debtor, Vera Castellanos

RELIEF REQUESTED

Application for Order of the Sale of Dwelling

SUMMARY OF ACTION

On January 3, 2017, Plaintiffs filed their complaint for breach of written contract, fraud, elder abuse, unjust enrichment, and recission based on fraud. On December 18, 2017, the court ordered the answers of Defendants Vera Castellanos‚ Elkin Siegert and Vera Siegert stricken. On Plaintiffs’ own motion, un-served defendants Alan Hillerman, Maria Italia Creamer‚ Power Brokers International, Inc.‚ and all Doe defendants were dismissed as well.

On May 1, 2018, the court entered judgment against Vera Castellanos‚ Elkin Siegert and Vera Siegert joint and severally for $883,858.25. The judgment included $400,000 in punitive damages and $389,148.81 in attorney fees. On February 7, 2020, the court denied the motion to vacate the default judgment as to all three defendants.

On the same date, the court granted the motion to set an OSC re: Dwelling Sale for 9620 Alene Dr., Tujunga, CA, as to Vera Castellanos. The hearing was set for March 23, 2020.

On September 1, 2020, the case was reassigned to Department 49.

RULING: Denied, without prejudice.

Judgment Creditors move submit an application for an order allowing the forced sale of the dwelling commonly known as 9620 Alene Dr., Tujunga, CA 91042 (APN 2563-036-012).

In setting the subject hearing, the court ordered Judgment Creditors to comply with Code of Civil Procedure Section 704.770:

(b) Not later than 30 days before the time set for hearing, the judgment creditor shall do both of the following:

(1) Serve on the judgment debtor a copy of the order to show cause, a copy of the application of the judgment creditor, and a copy of the notice of the hearing in the form prescribed by the

Judicial Council. Service shall be made personally or by mail.

(2) Personally serve a copy of each document listed in paragraph (1) on an occupant of the dwelling or, if there is no occupant present at the time service is attempted, post a copy of each

document in a conspicuous place at the dwelling.

On February 7, 2020, the court specifically identified the address of Judgment Debtor Castellanos as 345 Pioneer Dr., Unit 902W, Glendale, CA 91203, and ordered service at this address. Judgment creditors filed multiple proofs of service indicating service by post on the residence on February 14, 2020, substituted service on counsel on February 14, 2020 and June 22, 2020, and substituted service on Castellanos at the Tujunga residence on June 22, 2020. Plaintiff only filed a February 26, 2020 filed proof of service by publication at Glendale address for Judgment Debtor Castellanos.

Code of Civil Procedure Section 704.770(b)(1) requires personal or mail service on the party. Service by posting is only allowed for the property itself. Nevertheless, given the substitution of counsel for Judgment Debtor filed on February 6, 2020, service on counsel was proper and therefore constitutes sufficient service on Judgment Debtor for purposes of compliance. (Code Civ. Proc., §§ 1011, 1014.)

On August 11, 2020, defense counsel informed the court that the spouse of judgment debtor Castellanos filed a chapter 7 bankruptcy petition. The court docket shows no proof of petition, or any indication that the spouse is a joint title holder on the Tujunga property. Regardless, Plaintiffs’ counsel states that an order for relief from stay was obtained from the Bankruptcy court on September 30, 2020. [Declaration of Shalem Shem-Tov, Ex. A.]

Judgment creditors submit a single declaration from counsel in support of the sale. The declaration consists of the paragraphs addressing the bankruptcy petition (see above), and two mortgages burdening the property presumably secured with deeds of trust.

(a) The burden of proof at the hearing is determined in the following manner:

(1) If the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.

(2) If the application states the amount of the homestead exemption, the person claiming the homestead exemption has the burden of proof that the amount of the exemption is other than the amount stated in the application.

(b) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. The court shall make an order for sale of the dwelling subject to the homestead exemption, unless the court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any part of the amount due on the judgment pursuant to Section 704.800. The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. Subject to the provisions of this article, the sale is governed by Article 6 (commencing with Section 701.510) of Chapter 3. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3.

(d) The court may appoint a qualified appraiser to assist the court in determining the fair market value of the dwelling. If the court appoints an appraiser, the court shall fix the compensation of the appraiser in an amount determined by the court to be reasonable, not to exceed similar fees for similar services in the community where the dwelling is located.

Code Civ. Proc., § 704.780

The exhibits show the property is currently burdened with a first mortgage of $625,125.07 and second mortgage of $16,105. The declaration lacks any address of the homestead exemption, or appraised value, thereby allowing the court to determine whether a likely or reasonable bid will exceed potential superior liens and/or any homestead exemption. The Court cannot order property sold if the Court determines that the sale will unlikely produce a bid sufficient to satisfy any part of the amount due on the judgment. (Code Civ. Proc., §§704.780, subd. (b) & 704.800, subd. (a).)

The court therefore denies the application for sale of the dwelling without prejudice.

Plaintiffs to give notice.

Case Number: PC057500    Hearing Date: August 11, 2020    Dept: F47

Dept. F-47

Date: 8/11/20

Case #PC057500

ORDER TO SHOW CAUSE FOR SALE OF DWELLING

Order to Show Cause filed on 2/11/20. Underlying Application for OSC filed on 12/12/19.

MOVING PARTY: Plaintiffs Maria Vaquerano; Jaime Vaquerano and Norma Rivas

RESPONDING PARTY: Defendant Vera Castellanos

RELIEF REQUESTED: An order of the court for sale of Defendant/Judgment Debtor Vera Castellanos’ dwelling, commonly known as 9620 Alene Dr., Tujunga, CA 91042 (APN 2563-036-012).

RULING: The application for issuance for order of sale of dwelling commonly known as 9620 Alene Dr., Tujunga, CA 91042 (APN 2563-036-012) is granted.

This action arose out of Plaintiffs’ claim that Defendants, including Vera Castellanos, induced them into investing money in fraudulent investment schemes. On 5/1/18, judgment was entered against Defendants in favor of Plaintiffs in the amount of $883,858.25. (Shem-Tov Decl. ¶2). The judgment remains unsatisfied. Plaintiff have obtained an order to show cause for sale of dwelling to satisfy the judgment. CCP 704.750; CCP 704.760; (2/11/20 Order to Show Cause). Thereafter, Plaintiffs served notice of the Order to Show Cause on Defendant Castellanos at the property, at her address of record, and upon counsel who have represented her in this action. See CCP 704.770; (Proofs of Service and Declaration of Service filed on 7/6/20). No response has been filed by Defendant Castellanos.

Based on a search of public records, Plaintiffs found no recorded Homestead Exemptions or Disabled Veterans Exemptions for the dwelling. (See Shem-Tov Decl. ¶5); CCP 704.760. Based on a search of public records and a title report, Plaintiffs have set forth the superior liens on the property: a Deed of Trust in the original amount of $568,000 (the remaining balance is not set forth) and a Deed of Trust in the original amount of $35,500 with an outstanding principal balance of $19,226.46. (Shem-Tov Decl. ¶¶6-7 and Ex.E thereto). Based on a broker’s price opinion, the dwelling has a fair market value of $750,000. (Rousso Decl. ¶8)

Based on the foregoing, the application for issuance for order of sale of dwelling commonly known as 9620 Alene Dr., Tujunga, CA 91042 (APN 2563-036-012) is granted. Plaintiffs must submit an order in compliance with CCP 704.780(b).

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