This case was last updated from Los Angeles County Superior Courts on 12/20/2021 at 02:39:42 (UTC).

NETTABAI AHMED, ET AL. VS SELECT PORTFOLIO SERVICING, INC, ET AL.

Case Summary

On 10/15/2021 NETTABAI AHMED filed a Property - Other Real Property lawsuit against SELECT PORTFOLIO SERVICING, INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHELLE WILLIAMS COURT. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8032

  • Filing Date:

    10/15/2021

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHELLE WILLIAMS COURT

 

Party Details

Plaintiffs

AHMED NETTABAI

GHEBREREBI AMARA

Defendants

CLEAR RECON CORP.

SELECT PORTFOLIO SERVICING INC

U.S. BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE FOR ABS LOAN TRUST VI

Attorney/Law Firm Details

Plaintiff Attorney

CARA TONY

Defendant Attorney

WOZNIAK LUKASZ

 

Court Documents

Complaint

10/15/2021: Complaint

Notice of Case Assignment - Unlimited Civil Case

10/15/2021: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

10/15/2021: Civil Case Cover Sheet

Summons - SUMMONS ON COMPLAINT

10/15/2021: Summons - SUMMONS ON COMPLAINT

Notice of Case Management Conference

10/21/2021: Notice of Case Management Conference

Order to Show Cause Failure to File Proof of Service

10/21/2021: Order to Show Cause Failure to File Proof of Service

Reply - REPLY OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI TO PLAINTIFFS' OPPOSITION TO DEMURRER TO THE COMPLAINT

12/7/2021: Reply - REPLY OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI TO PLAINTIFFS' OPPOSITION TO DEMURRER TO THE COMPLAINT

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS DEMURRER TO FIRST AMENDED COMPLAINT; POINTS AND AUTHORITIES IN SUPPORT THEREOF

12/1/2021: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS DEMURRER TO FIRST AMENDED COMPLAINT; POINTS AND AUTHORITIES IN SUPPORT THEREOF

Request for Judicial Notice

11/2/2021: Request for Judicial Notice

Unknown - DECLARATION OF DEMURRING PARTY REGARDING MEET AND CONFER

11/2/2021: Unknown - DECLARATION OF DEMURRING PARTY REGARDING MEET AND CONFER

Demurrer - without Motion to Strike

11/2/2021: Demurrer - without Motion to Strike

Request for Dismissal

10/26/2021: Request for Dismissal

Proof of Personal Service

10/26/2021: Proof of Personal Service

Proof of Personal Service

10/26/2021: Proof of Personal Service

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

12/17/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Order - ORDER [PROPOSED] ORDER SUSTAINING DEFENDANTS AND CROSS-COMPLAINANT SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUSTS VI'S DEMURRER TO P

12/17/2021: Order - ORDER [PROPOSED] ORDER SUSTAINING DEFENDANTS AND CROSS-COMPLAINANT SELECT PORTFOLIO SERVICING, INC. AND U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUSTS VI'S DEMURRER TO P

Judgment - JUDGMENT [PROPOSED] JUDGMENT OF DISMISSAL

12/17/2021: Judgment - JUDGMENT [PROPOSED] JUDGMENT OF DISMISSAL

5 More Documents Available

 

Docket Entries

  • 12/17/2021
  • Docketat 08:30 AM in Department 74, Michelle Williams Court, Presiding; Hearing on Demurrer - without Motion to Strike - Held

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  • 12/17/2021
  • DocketJudgment (OF DISMISSAL); Filed by SELECT PORTFOLIO SERVICING, INC (Defendant); U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI (Defendant)

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  • 12/17/2021
  • DocketMinute Order ( (Hearing on Demurrer - without Motion to Strike)); Filed by Clerk

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  • 12/17/2021
  • DocketOrder (Sustaining Defendants and Cross-Complainant Select Portfolio Servicing, Inc. and U.S. Bank Trust National Association, as Trustee, for ABS Loan Trusts VI's Demurrer to Plaintiffs' Complaint Without Leave to Amend); Filed by SELECT PORTFOLIO SERVICING, INC (Defendant); U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI (Defendant)

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  • 12/07/2021
  • DocketReply (of Defendants Select Portfolio Servicing, Inc. and U.S. Bank Trust National Association, as Trustee, For ABS Loan Trust VI to Plaintiffs' Opposition to Demurrer to The Complaint); Filed by SELECT PORTFOLIO SERVICING, INC (Defendant); U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI (Defendant)

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  • 12/01/2021
  • DocketOpposition (PLAINTIFF?S OPPOSITION TO DEFENDANTS? DEMURRER TO FIRST AMENDED COMPLAINT; POINTS AND AUTHORITIES IN SUPPORT THEREOF); Filed by Nettabai Ahmed (Plaintiff); Amara Ghebrerebi (Plaintiff)

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  • 11/02/2021
  • DocketRequest for Judicial Notice; Filed by SELECT PORTFOLIO SERVICING, INC (Defendant); U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI (Defendant)

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  • 11/02/2021
  • DocketDeclaration of Demurring Party Regarding Meet and Confer; Filed by SELECT PORTFOLIO SERVICING, INC (Defendant); U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI (Defendant)

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  • 11/02/2021
  • DocketDemurrer - without Motion to Strike; Filed by SELECT PORTFOLIO SERVICING, INC (Defendant); U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE, FOR ABS LOAN TRUST VI (Defendant)

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  • 10/26/2021
  • DocketProof of Personal Service; Filed by Amara Ghebrerebi (Plaintiff)

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  • 10/26/2021
  • DocketRequest for Dismissal; Filed by Amara Ghebrerebi (Plaintiff)

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  • 10/26/2021
  • DocketProof of Personal Service; Filed by Amara Ghebrerebi (Plaintiff)

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  • 10/21/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 10/21/2021
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 10/15/2021
  • DocketComplaint; Filed by Nettabai Ahmed (Plaintiff); Amara Ghebrerebi (Plaintiff)

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  • 10/15/2021
  • DocketCivil Case Cover Sheet; Filed by Nettabai Ahmed (Plaintiff); Amara Ghebrerebi (Plaintiff)

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  • 10/15/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 10/15/2021
  • DocketSummons (on Complaint); Filed by Nettabai Ahmed (Plaintiff); Amara Ghebrerebi (Plaintiff)

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Tentative Rulings

b'

Case Number: 21STCV38032 Hearing Date: December 17, 2021 Dept: 74

\r\n\r\n

21STCV38032 NETTABAI\r\nAHMED vs SELECT PORTFOLIO SERVICING, INC

\r\n\r\n

Select Portfolio Servicing’s and U.S. Bank Trust’s Demurrer\r\nto the Complaint

\r\n\r\n

TENTATIVE RULING: \r\nThe demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.

\r\n\r\n

Request for Judicial Notice

\r\n\r\n

Defendants’\r\nrequest for judicial notice is GRANTED. \r\nThe court takes judicial notice of the following documents:

\r\n\r\n

1. Short Form Deed of Trust recorded on November 27, 2006 in\r\nthe Los Angeles County Recorder\'s Office as Instrument No. 06 2605558

\r\n\r\n

2. Deed of Trust recorded on June 14, 2006 in the Los\r\nAngeles County Recorder\'s Office as Instrument No. 06 1309432

\r\n\r\n

3. Declaration of Jezsica Martinez attached to the Motion\r\nfor Relief From Automatic Stay under 111 U.S.C. Section 362 ("Real\r\nProperty") filed on June 22, 2021 in the United States Bankruptcy Court,\r\nCentral District of California, Case No. 2:21-bk-l 1201-VZ

\r\n\r\n

4. Substitution of Trustee recorded on June 12, 2018 in the\r\nLos Angeles County Recorder\'s Office as Instrument Number 20180580223

\r\n\r\n

5. Notice of Default recorded on June 12, 2018 in the Los\r\nAngeles County Recorder\'s Office as Instrument No. 20180580224

\r\n\r\n

6. Notice of Trustee\'s Sale recorded on October 10, 2018 in\r\nthe Los Angeles County Recorder\'s Office as Instrument Number 20181031257

\r\n\r\n

7. Voluntary Petition for Individuals Filing for Bankruptcy\r\nfiled on February 16, 2021 in the United States Bankruptcy Court, Central\r\nDistrict of California, Case No. 2:21-bk-l 1201-VZ

\r\n\r\n

8. Voluntary Petition for Individuals Filing for Bankruptcy\r\nfiled on February 16, 2021 in the United States Bankruptcy Court, Central\r\nDistrict, Case No. 2:21-bk-l 1201-VZ

\r\n\r\n

9. First Amended Chapter 13 Plan filed on February 20, 2021\r\nin the United States Bankruptcy Court, Central District of California, Case No.\r\n2:21-bk-l 1201-VZ

\r\n\r\n

10. Notice of Motion and Motion for Relief From Stay Under 1\r\n1 U.S.C. § 362 filed on June 22, 2021 in the United States Bankruptcy Court,\r\nCentral District of California, Case No. 2:21-bk11201-VZ

\r\n\r\n

11. Order Granting Motion for Relief From the Automatic Stay\r\nfiled on July 26,2021 in the United States Bankruptcy Court, Central District\r\nof California, Case No. 2:21-bk-l 1201-VZ

\r\n\r\n

Demurrer

\r\n\r\n

Defendants\r\ndemurrer to the first, second and third causes of action on the grounds they\r\nfail to state facts sufficient to constitute a cause of action against\r\ndefendants.

\r\n\r\n

In determining whether a complaint\r\nstates facts sufficient to constitute a cause of action, the judge may consider\r\nall material facts pleaded in the complaint and matters of which the judge may\r\ntake judicial notice, but not contentions, deductions, or conclusions of fact\r\nor law. CCP § 430.30(a); Richtek USA, Inc. v uPI Semiconductor Corp. (2015) 242\r\nCal.App.4th 651, 658; Esparza v County of Los Angeles (2014) 224 Cal.App.4th\r\n452, 459. Because a demurrer challenges defects on the face of the complaint,\r\nit can only refer to matters outside of the pleadings that are subject to\r\njudicial notice. Tenet Healthsystem Desert, Inc. v Blue Cross of Cal. (2016)\r\n245 Cal.App.4th 821, 831; Rea v Blue Shield of Cal. (2014) 226 Cal.App.4th\r\n1209, 1223.

\r\n\r\n

A judge may not resolve questions\r\nof fact on demurrer unless there is only one legitimate inference to be drawn\r\nfrom the allegations of the complaint. TracFone Wireless, Inc. v County of Los\r\nAngeles (2008) 163 Cal.App.4th 1359, 1368.

\r\n\r\n

Causes of Action

\r\n\r\n

This is an action challenging the foreclosure\r\nof real property.

\r\n\r\n

First Cause of\r\nAction for Violation of Civil Code §2924(a)(1)

\r\n\r\n

“Every transfer of an interest in\r\nproperty, other than in trust, made only as a security for the performance of\r\nanother act, is to be deemed a mortgage, except when in the case of personal\r\nproperty it is accompanied by actual change of possession, in which case it is\r\nto be deemed a pledge. If, by a mortgage created after July 27, 1917, of any\r\nestate in real property, other than an estate at will or for years, less than\r\ntwo, or in any transfer in trust made after July 27, 1917, of a like estate to\r\nsecure the performance of an obligation, a power of sale is conferred upon the\r\nmortgagee, trustee, or any other person, to be exercised after a breach of the\r\nobligation for which that mortgage or transfer is a security, the power shall\r\nnot be exercised except where the mortgage or transfer is made pursuant to an\r\norder, judgment, or decree of a court of record, or to secure the payment of\r\nbonds or other evidences of indebtedness authorized or permitted to be issued\r\nby the Commissioner of Business Oversight, or is made by a public utility\r\nsubject to the provisions of the Public Utilities Act, until . . . [t]he\r\ntrustee, mortgagee, or beneficiary, or any of their authorized agents shall\r\nfirst file for record, in the office of the recorder of each county wherein the\r\nmortgaged or trust property or some part or parcel thereof is situated, a\r\nnotice of default.” Civ. Code, § 2924(a)(1).

\r\n\r\n

The allegations in the complaint are\r\ncontradicted by judicially noticed documents. These documents indicate that the\r\nBeneficiary, Bank of America, substituted Clear Recon Corp (CRC), as trustee of\r\nthe Deed of Trust (Ex. D). Further, after this substitution, CRC, as duly\r\nsubstituted trustee, filed a Notice of Default (Ex. E). Under Civil Code § 2924(a)(1),\r\na “trustee…shall first file for record…a notice of default.” Here, CRC was the\r\nsubstituted trustee and therefore, performed the statutory requirement of\r\nfiling a notice of default. When judicially noticed documents contradict the\r\nallegations in the Complaint, the allegations in the Complaint are not accepted\r\nas true. Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1474; Kalnoki\r\nv. First American Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23,\r\n38). Here, the judicially noticed documents contradict the allegations in the\r\nComplaint.

\r\n\r\n

As plaintiff has not established\r\nthe possibility of cure by amendment, the court finds there is no reasonable\r\npossibility of successfully stating a cause of action. Therefore, the demurrer to this cause of action\r\nis SUSTAINED WITHOUT LEAVE TO AMEND. Czajkowski\r\nv. Haskell & White, LLP (2012) 208 Cal.App.4th 166, 173; Schulz v. Neovi\r\nData Corp. (2007) 152 Cal.App.4th 86, 92.

\r\n\r\n

Second Cause of\r\nAction for Unfair Business Practices (Bus. & Prof. Code, § 17200, et seq.)

\r\n\r\n

“To bring a UCL claim, a plaintiff\r\nmust show either an (1) ‘unlawful, unfair, or fraudulent business act or\r\npractice,’ or (2) ‘unfair, deceptive, untrue or misleading advertising.’” Adhav\r\nv. Midway Rent A Car, Inc. (2019) 37 Cal.App.5th 954, 970, review\r\ndenied (Nov. 13, 2019); Bus. & Prof. Code, § 17200.

\r\n\r\n

The complaint alleges U.S. Bank\r\nTrust’s business practices of failing to advise homeowners in writing within 30\r\ndays that their Deed of Trust was transferred or assigned to a third party, and\r\nthat it is the new owner or assignee of the debt is illegal in violation of\r\nTitle 15 U.S.C. § 1641(g) (¶ 37). However,\r\nthe complaint does not allege injury in fact. \r\nThe complaint does not state any facts not contradicted by judicially\r\nnoticed documents alleging unlawful, unfair, or fraudulent business acts or\r\npractices against Select Portfolio Servicing or Clear Recon Corp.

\r\n\r\n

As plaintiff has not established\r\nthe possibility of cure of the deficiencies in the complaint, the court finds\r\nthere is no reasonable possibility of successfully stating a cause of action\r\nthem. Therefore, the demurrer to this\r\ncause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Czajkowski v. Haskell & White, LLP (2012)\r\n208 Cal.App.4th 166, 173; Schulz v. Neovi Data Corp. (2007) 152 Cal.App.4th 86,\r\n92.

\r\n\r\n

Third Cause of Action\r\nfor Cancellation of Written Instruments (Civ. Code, §3412)

\r\n\r\n

“A written instrument, in respect\r\nto which there is a reasonable apprehension that if left outstanding it may\r\ncause serious injury to a person against whom it is void or voidable, may, upon\r\nhis application, be so adjudged, and ordered to be delivered up or canceled.” Civ. Code, § 3412. To cancel a written instrument, the plaintiff\r\nhas to prove “(1) the instrument is void or voidable due to, for example,\r\nfraud; and (2) there is a reasonable apprehension of serious injury including\r\npecuniary loss or the prejudicial alteration of one\'s position. [Citation.]”.\r\n(Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1194).

\r\n\r\n

The complaint fails to allege any\r\nfacts supporting the claim the foreclosure notices were void or voidable that\r\nare not contradicted by the judicially noticed documents.

\r\n\r\n

As plaintiff has not established\r\nthe possibility of cure of the deficiencies in the complaint, the court finds\r\nthere is no reasonable possibility of successfully stating a cause of action\r\nthem. Therefore, the demurrer to this\r\ncause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Czajkowski v. Haskell & White, LLP (2012)\r\n208 Cal.App.4th 166, 173; Schulz v. Neovi Data Corp. (2007) 152 Cal.App.4th 86,\r\n92.

\r\n\r\n'
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