This case was last updated from Los Angeles County Superior Courts on 06/30/2019 at 01:29:21 (UTC).

NUTRI PETRI VS MTC FINANCIAL INC., ET AL

Case Summary

On 05/16/2018 a Property - Foreclosure case was filed by NUTRI PETRI against MTC FINANCIAL INC in the jurisdiction of Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8646

  • Filing Date:

    05/16/2018

  • 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

WILLIAM D. STEWART

 

Party Details

Plaintiff

PETRI NURIT

Defendants and Not Yet Classified

JP MORGAN CHASE BANK

MTC FINANCIAL INC.

NATIONAL ASSOCIATION

TRUSTEE CORPS

Assignee

BAG FUND LLC

 

Court Documents

Minute Order

6/14/2019: Minute Order

Request for Dismissal

2/26/2019: Request for Dismissal

Legacy Document

5/16/2018: Legacy Document

Notice of Case Management Conference

5/16/2018: Notice of Case Management Conference

Legacy Document

5/16/2018: Legacy Document

Civil Case Cover Sheet

5/16/2018: Civil Case Cover Sheet

Legacy Document

5/25/2018: Legacy Document

Legacy Document

6/21/2018: Legacy Document

Case Management Statement

2/14/2019: Case Management Statement

Minute Order

10/29/2018: Minute Order

Objection

10/30/2018: Objection

Proof of Service by Mail

11/19/2018: Proof of Service by Mail

Notice of Lien

10/16/2018: Notice of Lien

Order

10/16/2018: Order

Case Management Statement

10/1/2018: Case Management Statement

42 More Documents Available

 

Docket Entries

  • 06/19/2019
  • Notice (of Ruling at Hearingon Defendant JPMorgan Chase Bank N.A.'s Unopposed Ex Parte Application to Set Aside Dismissal of Action; and Notice of Re-Set Case Management Conference); Filed by JP Morgan Chase Bank (Defendant)

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  • 06/14/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Ex Parte Application (Defendant JPMorgan Chase Bank N.A.'s Unopposed Ex Parte Application to Set Aside Dismissal of Action;) - Held - Motion Granted

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  • 06/14/2019
  • Minute Order ( (Hearing on Ex Parte Application Defendant JPMorgan Chase Bank...)); Filed by Clerk

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  • 06/14/2019
  • Order (Granting Deft JPMorgan Chase Bank, NA's Ex Parte Application to Set Aside Dismissal of Action); Filed by JP Morgan Chase Bank (Defendant)

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  • 06/12/2019
  • Ex Parte Application (to set aside dismissal of action; Declaration of Bryant S. Delgadillo in support thereof); Filed by JP Morgan Chase Bank (Defendant)

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  • 04/02/2019
  • Stipulation and Order (STIPULATION AND ORDER RE WITHDRAWAL); Filed by JP Morgan Chase Bank (Defendant)

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  • 03/01/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Case Management Conference - Not Held - Vacated by Court

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  • 03/01/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Motion - Other (Motion to Dismiss) - Not Held - Vacated by Court

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  • 02/26/2019
  • Request for Dismissal; Filed by Nurit Petri (Plaintiff)

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  • 02/14/2019
  • Case Management Statement; Filed by MTC Financial Inc. (Defendant)

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54 More Docket Entries
  • 05/25/2018
  • at 08:30 AM in Department A; Ex-Parte Proceedings (Exparte proceeding; Matter Placed Off Calendar) -

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  • 05/25/2018
  • Declaration; Filed by Nurit Petri (Plaintiff)

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  • 05/25/2018
  • Declaration; Filed by Nurit Petri (Plaintiff)

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  • 05/25/2018
  • Minute order entered: 2018-05-25 00:00:00; Filed by Clerk

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  • 05/25/2018
  • Ex-Parte Application; Filed by Nurit Petri (Plaintiff)

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  • 05/16/2018
  • Complaint filed-Summons Issued; Filed by Nurit Petri (Plaintiff)

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  • 05/16/2018
  • Civil Case Cover Sheet; Filed by Nurit Petri (Plaintiff)

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  • 05/16/2018
  • OSC-Failure to File Proof of Serv; Filed by Court

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  • 05/16/2018
  • Notice of Case Management Conference; Filed by Court

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  • 05/16/2018
  • Summons; Filed by Nurit Petri (Plaintiff)

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Tentative Rulings

Case Number: EC068646    Hearing Date: October 25, 2019    Dept: A

Petri v MTC Financial

Motion to Dismiss

Calendar:

19

Case No.:

EC068646

Hearing Date:

October 25, 2019

Action Filed:

May 16, 2018

Trial Date:

Not Set

MP:

Defendant MTC Financial Inc. d/b/a Trustee Corps

RP:

N/A

ALLEGATIONS:

This action involves real property located at 4865 Bakman Ave., North Hollywood, CA 91601. Plaintiff Nurit Petri (“Plaintiff”) alleges that on June 1, 2004, he financed the subject property by executing a promissory note (“Note”) and a concurrently executed Deed of Trust as security for the Note. He alleges that in 2016, he encountered financial trouble, causing him to default on his mortgage payments. He alleges that on April 27, 2018, a Notice of Trustee’s Sale was recorded by Defendant MTC Financial Inc. dba Trustee Corps (“MTC”). Plaintiff alleges that Defendants’ conduct in undertaking a non-judicial foreclosure sale to sell the subject property was wrongful.

The Complaint, filed May 16, 2018, alleged causes of action for: (1) violation of Civil Code, §2923.5; (2) violation of Civil Code, §2923.7; (3) breach of contract; (4) breach of the implied covenant of good faith and fair dealing; (5) negligence; (6) violation of Civil Code, §2924.12; (7) violation of Civil Code, §2937; and (8) unfair business practices.

PRESENTATION:

Following a successful demurrer to the Complaint on September 21, 2018, the Court ordered Plaintiff to file a First Amended Complaint (“FAC”) consistent with the Court’s minute order within 20 days. Plaintiff failed to filed a FAC, and on November 19, 2018, the action was stayed pursuant to a Bankruptcy proceeding. The Bankruptcy Court lifted the stay on this action on December 17, 2018, and Defendant filed its first motion to dismiss for failure to file a FAC on January 10, 2019. The Court vacated the motion on March 01, 2019, pursuant to the Plaintiff’s filing a Request for Dismissal on February 26, 2019. On June 14, 2019, the Court granted Defendant JPMorgan Chase Bank, N.A.’s (“JPM”) ex parte motion to set aside the dismissal in order to permit Plaintiff to file a motion related to a settlement reached by Plaintiff and JPM that is intended to address various liens filed by judgment creditors.

MTC filed the instant motion to dismiss for Plaintiff’s failure to file a FAC on July 11, 2019. No opposition has been received.

The Court initially heard oral arguments for the motion on August 16, 2019. At that time the Court continued the motion in order to permit Plaintiff time to file an application pursuant to Code of Civ. Proc. §708.440(b), in order to address certain liens on the underlying property. Absent action by the Plaintiff by the new hearing date, the Court would grant the motion pursuant to Code of Civ. Proc. §581(f)(2), for Plaintiff’s failure to file a FAC within the allotted time.

RELIEF REQUESTED:

MTC moves to dismiss the action.

DISCUSSION:

Standard of Review – As of October 22, 2019, the Court has not been provided any information establishing that Plaintiff has or will file an application pursuant to Code of Civ. Proc. §708.440(b). Accordingly, the Court will grant the instant motion pursuant to Code of Civ. Proc. §581(f)(2) and the August 16, 2019, Order of the Court.

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RULING: GRANT

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendant MTC Financial Inc. d/b/a Trustee Corps’s Motion to Dismiss came on regularly for hearing on October 25, 2019, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

GRANTED.

DATE: _______________ _______________________________

JUDGE