This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 10:28:44 (UTC).

MUIBI ADE SALAMI VS. CALIBER HOME LOANS, INC., ET AL.

Case Summary

On 05/09/2017 MUIBI ADE SALAMI filed a Property - Foreclosure lawsuit against CALIBER HOME LOANS, INC . This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judge overseeing this case is MAURICE A. LEITER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8786

  • Filing Date:

    05/09/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Compton Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MAURICE A. LEITER

 

Party Details

Plaintiff

SALAMI MUIBI ADE

Defendants

SUMMIT MANAGEMENT COMPANY LLC

CALIBER HOME LOANS INC.

DOES 1-30

Other

LOS ANGELES SUPERIOR COURT

Attorney/Law Firm Details

Plaintiff Attorney

ONWAEZE OGOCHUKWU VICTOR

Defendant Attorney

FENG SIMON M.

 

Court Documents

Summons

5/9/2017: Summons

Unknown

6/19/2017: Unknown

Unknown

7/14/2017: Unknown

Unknown

7/18/2017: Unknown

Case Management Statement

10/2/2017: Case Management Statement

Unknown

10/19/2017: Unknown

Notice of Ruling

11/7/2017: Notice of Ruling

Minute Order

11/7/2017: Minute Order

Unknown

1/26/2018: Unknown

Unknown

1/31/2018: Unknown

Minute Order

2/8/2018: Minute Order

Unknown

2/28/2018: Unknown

Case Management Statement

4/12/2018: Case Management Statement

Unknown

4/17/2018: Unknown

Notice of Ruling

5/10/2018: Notice of Ruling

Minute Order

5/10/2018: Minute Order

Minute Order

9/24/2018: Minute Order

Stipulation and Order

6/10/2019: Stipulation and Order

43 More Documents Available

 

Docket Entries

  • 06/10/2019
  • Stipulation and Order (Joint Stipulation To Continue Trial Date And All Discovery Deadlines); Filed by CALIBER HOME LOANS, INC. (Defendant); SUMMIT MANAGEMENT COMPANY, LLC (Defendant)

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  • 03/18/2019
  • at 09:30 AM in Department A, Maurice A. Leiter, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/11/2019
  • at 09:30 AM in Department A, Maurice A. Leiter, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 12/13/2018
  • Notice (of Entry of Order); Filed by CALIBER HOME LOANS, INC. (Defendant); SUMMIT MANAGEMENT COMPANY, LLC (Defendant)

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  • 11/28/2018
  • Order (Granting Joint Stipulation to Continue Trial Date and All Discovery Deadlines); Filed by CALIBER HOME LOANS, INC. (Defendant); SUMMIT MANAGEMENT COMPANY, LLC (Defendant)

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  • 11/19/2018
  • Joint Stipulation to Continue Trial Date and All Discovery Deadlines; Filed by CALIBER HOME LOANS, INC. (Defendant); SUMMIT MANAGEMENT COMPANY, LLC (Defendant)

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  • 09/24/2018
  • at 11:30 AM in Department A; Informal Discovery Conference (IDC) (Informal Discovery Conference-PI; Matter continued) -

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  • 09/24/2018
  • Minute Order

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  • 09/24/2018
  • Minute order entered: 2018-09-24 00:00:00; Filed by Clerk

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  • 08/28/2018
  • Notice of Rejection - Pleadings

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59 More Docket Entries
  • 07/14/2017
  • Opposition; Filed by MUIBI ADE SALAMI (Plaintiff)

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  • 06/19/2017
  • Declaration; Filed by CALIBER HOME LOANS, INC. (Defendant)

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  • 06/19/2017
  • Request for Judicial Notice; Filed by CALIBER HOME LOANS, INC. (Defendant)

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  • 06/19/2017
  • Demurrer; Filed by CALIBER HOME LOANS, INC. (Defendant)

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  • 05/09/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 05/09/2017
  • Complaint; Filed by MUIBI ADE SALAMI (Plaintiff)

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  • 05/09/2017
  • Summons; Filed by null

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  • 05/09/2017
  • Civil Case Cover Sheet; Filed by MUIBI ADE SALAMI (Plaintiff)

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  • 02/08/2017
  • at 09:00 AM in Department A; Hearing on Demurrer - without Motion to Strike

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  • 02/08/2017
  • Minute order entered: 2017-02-08 00:00:00; Filed by Clerk

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Tentative Rulings

Case Number: TC028786    Hearing Date: March 03, 2020    Dept: A

# 7. Muibi Ade Salami v. Caliber Home Loans, Inc., et al.

Case No.: TC028786

Matter on calendar for: Motion for Summary Judgment

Tentative ruling:

  1. Background

    Plaintiff Muibi Ade Salami alleges Defendants Caliber Home Loans, Inc., and Summit Management Company, LLC, breached the terms of Plaintiff’s mortgage agreement when they changed the monthly payment date from the 26th to the 1st of the month. Plaintiff alleges to have attempted to fulfill his monthly obligations but Defendants rejected his payments. Plaintiff executed the loan agreement with Household Finance Corporation (“HAC”) on January 26, 2006. Defendant Caliber began servicing the loan on August 1, 2016.

    The Third Amended Complaint (“TAC”) alleges the following causes of action:

  1. Breach of Contact;

  2. Breach of the Covenant of Good Faith and Fair Dealing

  3. Violation of Statute

The third cause of action was dismissed by the Court, without leave to amend, on May 10, 2018. Defendants now moves for summary judgment or adjudication on the remaining two causes of action. The motion is opposed.

For the reasons set forth below, the Court grants the motion.

  1. Standard

    A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C.C.P., § 437c(c).) "A moving party need only show it is entitled to the benefit of a presumption affecting the burden of producing evidence in order to shift the burden of proof to the opposing party to show there are triable issues of fact. [Security Pac. Nat. Bank v. Associated Motor Sales (1980) 106 Cal.App.3d 171, 178–179.]" (Alvarez v. Seaside Transportation Services LLC (2017) 13 Cal.App.5th 635, 644.) Once the moving party has met its burden of demonstrating that there is no triable issue as to any material fact, the opposing party cannot rest upon the mere allegations of the pleadings but must present admissible evidence showing that there is a genuine issue for trial. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 844.) “In ruling on the motion, the court must consider all of the evidence and all of the inferences reasonably drawn therefrom… and must view such evidence… in the light most favorable to the opposing party.” (Id. at 844-845; C.C.P., § 437c(p)(2).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (C.C.P., § 437c(f)(1).)

  2. Analysis

    1. Objections to Evidence

“In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its disposition of the motion. Objections to evidence that are not ruled on for purposes of the motion shall be preserved for appellate review.” (C.C.P., § 437c(q).) Plaintiff’s objections to the Declaration of Ryan Bennett are overruled; the Court finds his attached records qualify as business records (Evid. Code, § 1271(d).)

    1. Breach of Contract

A breach of contract cause of action has the following elements: (1) existence of a contract, (2) plaintiff’s performance or excuse for nonperformance, (3) defendant’s breach (or anticipatory breach), and (4) resulting damage. (Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co. (2004) 116 Cal.App.4th 1375, 1391 fn. 6.)

Defendants argue: (1) Caliber did not breach the loan agreement because the stated date (26th) was listed as an estimated date, (2) late fees were properly applied, (3) Plaintiff has not performed his obligations under the agreement, and (4) Plaintiff has not suffered damages.

      1. Defendants’ Initial Burden

Defendants proffer the following evidence:

      1. Plaintiff’s Burden

Plaintiff provides his declaration which he states:

  1. Ruling

    The motion for summary judgment is granted.

    Next dates:

    Notice: