This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 03:54:55 (UTC).

OTTO RANDLE VS RITA GAYLE FARRIS-ELLISON ET AL

Case Summary

On 09/22/2017 OTTO RANDLE filed a Property - Other Real Property lawsuit against RITA GAYLE FARRIS-ELLISON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RICHARD E. RICO. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6941

  • Filing Date:

    09/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RICHARD E. RICO

 

Party Details

Plaintiff and Appellant

RANDLE OTTO

Respondents and Defendants

CENTRAL LOAN ADMINISTRATION AND REPORTING

INDYMAC BANK FSB

FARRIS-ELLISON RITA GAYLE

ALL PERSONS UNKNOWN CLAIMING ALY LEGAL

CENLAR AGENCY INC

MERS "MORTGAGE ELECTRONIC REGISTRATION

FSB CENLAR

Attorney/Law Firm Details

Defendant Attorneys

HOUSER ERIC DONALD ESQ.

NORMAN ROBERT WAYNE JR

DIGGS RODNEY SEAN ESQ.

 

Court Documents

SECOND AMENDED COMPLAINT FOR: 1) CANCELLATION OF INSTRUMENT; 2) SLANDER OF TITLE; 3) MONEY HAD AND RECEIVED; ETC.

2/22/2018: SECOND AMENDED COMPLAINT FOR: 1) CANCELLATION OF INSTRUMENT; 2) SLANDER OF TITLE; 3) MONEY HAD AND RECEIVED; ETC.

DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

2/27/2018: DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL-CIVIL

2/27/2018: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL-CIVIL

SUBSTITUTION OF ATTORNEY

3/1/2018: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

3/2/2018: SUBSTITUTION OF ATTORNEY

PROOF OF SERVICE BY MAIL

3/5/2018: PROOF OF SERVICE BY MAIL

PROOF OF SERVICE BY MAIL

3/5/2018: PROOF OF SERVICE BY MAIL

PROOF OF SERVICE BY MAIL

3/5/2018: PROOF OF SERVICE BY MAIL

MOTION TO SET ASIDE DATE OF ATTORNEYS' REQUEST TO BE REMOVED AS COUNSEL AND REMOVE COUNSEL NOW, FOR THESE REASONS.

3/5/2018: MOTION TO SET ASIDE DATE OF ATTORNEYS' REQUEST TO BE REMOVED AS COUNSEL AND REMOVE COUNSEL NOW, FOR THESE REASONS.

Unknown

3/14/2018: Unknown

ANSWER TO SECOND AMENDED COMPLAINT BY CENLAR FSB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. FEDERAL NATIONAL MORTGAGE ASSOCIATION

3/26/2018: ANSWER TO SECOND AMENDED COMPLAINT BY CENLAR FSB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. FEDERAL NATIONAL MORTGAGE ASSOCIATION

Minute Order

3/28/2018: Minute Order

PROOF OF SERVICE BY MAIL

5/18/2018: PROOF OF SERVICE BY MAIL

MOTION OF INFORMAL REQUEST FOR DISCOVERY

5/21/2018: MOTION OF INFORMAL REQUEST FOR DISCOVERY

Minute Order

6/1/2018: Minute Order

DECLARATION OF MARINA SAMSON IN RESPONSE TO ORDER TO SHOW CAUSE RE FAILURE TO APPEAR

6/4/2018: DECLARATION OF MARINA SAMSON IN RESPONSE TO ORDER TO SHOW CAUSE RE FAILURE TO APPEAR

NOTICE OF CONTINUED STATUS CONFERENCE AND ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE AGAINST COUNSEL FOR DEFENDANT

6/11/2018: NOTICE OF CONTINUED STATUS CONFERENCE AND ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE AGAINST COUNSEL FOR DEFENDANT

Minute Order

6/18/2018: Minute Order

76 More Documents Available

 

Docket Entries

  • 05/28/2019
  • DocketSubpoena & Proof of Service; Filed by OTTO RANDLE (Plaintiff)

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  • 03/28/2019
  • DocketProof of Service by Mail; Filed by OTTO RANDLE (Plaintiff)

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  • 03/28/2019
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by OTTO RANDLE (Plaintiff)

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  • 03/22/2019
  • Docketat 08:30 AM in Department 17, Richard E. Rico, Presiding; Status Conference - Not Held - Advanced and Vacated

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  • 03/13/2019
  • DocketAppeal - Notice of Filing of Notice of Appeal; Filed by Clerk

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  • 03/08/2019
  • DocketAppeal - Notice of Appeal/Cross Appeal Filed; Filed by OTTO RANDLE (Appellant)

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  • 02/08/2019
  • DocketNotice of Ruling; Filed by MERS "MORTGAGE ELECTRONIC REGISTRATION (Defendant); CENLAR AGENCY INC (Defendant)

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  • 02/08/2019
  • DocketNotice (of Entry of Judgment); Filed by MERS "MORTGAGE ELECTRONIC REGISTRATION (Defendant); CENLAR AGENCY INC (Defendant)

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  • 02/05/2019
  • Docketat 08:30 AM in Department 17, Richard E. Rico, Presiding; Hearing on Motion for Judgment on the Pleadings - Held - Motion Granted

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  • 02/05/2019
  • DocketOrder (ORDER ON TENTATIVE RULING); Filed by Clerk

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123 More Docket Entries
  • 10/23/2017
  • DocketPROOF OF SERVICE

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  • 10/23/2017
  • DocketProof of Service (not Summons and Complaint); Filed by OTTO RANDLE (Plaintiff)

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  • 10/13/2017
  • DocketFIRST AMENDED COMPLAINT AMENDED TO INCLUDE FANNIE MAE GSE VERIFIED COMPLAINT [1] TO QUIET TITLE; ETC.

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  • 10/13/2017
  • DocketSUMMONS FIRST AMENDED TO INCLUDE FANNIE MAE, G.S.E.

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  • 10/13/2017
  • DocketSummons Issued; Filed by OTTO RANDLE (Plaintiff)

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  • 10/13/2017
  • DocketAnswer to First Amended Complaint; Filed by OTTO RANDLE (Plaintiff)

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  • 09/22/2017
  • DocketORDER ON COURT FEE WAIVER

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  • 09/22/2017
  • DocketSUMMONS

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  • 09/22/2017
  • DocketComplaint; Filed by OTTO RANDLE (Plaintiff)

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  • 09/22/2017
  • DocketVERIFIED COMPLAINT: (1)TO QUIET TITLE [CODE CIV. PROC. 760.010 - 760.O6]; AND ETC

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Tentative Rulings

Case Number: ****6941    Hearing Date: July 27, 2020    Dept: 17

SUPERIOR COURT OF CALIFORNIA

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

OTTO RANDLE

vs.

RITA GAYLE FARRIS, et al.

Case No.: ****6941

Hearing Date: July 27, 2020

Plaintiff’s motion for dismissal of the instant action is MOOT. This action has already been dismissed as to all Defendants, pursuant to the 2/5/2019 order signed by the Honorable Judge Rico.

On November 14, 2018, the Honorable Judge Rico issued an order sustaining Rita Gayle Farris-Ellison’s demurrer, without leave to amend. According to Plaintiff, the dismissal of Rita Gayle Farris-Ellison was improperly entered under CCP section 581, because no written order of dismissal was entered.

CCP section 581d provides:

A written dismissal of an action shall be entered in the clerk's register and is effective for all purposes when so entered.

All dismissals ordered by the court shall be in the form of a written order signed by the court and filed in the action and those orders when so filed shall constitute judgments and be effective for all purposes, and the clerk shall note those judgments in the register of actions in the case.

On February 5, 2019, the Honorable Judge Rico signed a written order which stated in relevant part, “…the Court hereby GRANTS the Motion with prejudice and without leave to amend the SAC, and DISMISSES the action with prejudice as to Defendants. Accordingly, IT IS HEREBY ORDERED AND ADJUSTED THAT Plaintiff’s SAC is DISMISSED with prejudice as to Defendants, and that Plaintiff shall take nothing from Defendants [original emphasis].”

Based on the foregoing, the Court concludes that the instant action has already been dismissed with prejudice as to all Defendants, in compliance with the requirements provided in CCP section 581d.

It is so ordered.

Dated: July , 2020

Hon. Jon R. Takasugi

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.

Due to Covid-19, the court is strongly discouraging in-person appearances. Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via L.A. Court Connect. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.



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