This case was last updated from Los Angeles County Superior Courts on 11/28/2019 at 01:32:19 (UTC).

PACIFIC UNION FINANCIAL, LLC VS BRENDA RODRIGUEZ

Case Summary

On 04/02/2018 a Property - Other Real Property case was filed by PACIFIC UNION FINANCIAL, LLC against BRENDA RODRIGUEZ in the jurisdiction of Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7031

  • Filing Date:

    04/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MARGARET MILLER BERNAL

 

Party Details

Plaintiff

PACIFIC UNION FINANCIAL LLC

Defendants

RODRIGUEZ BRENDA

FIRST CITY CREDIT UNION

Attorney/Law Firm Details

Plaintiff Attorneys

MC CARTHY & HOLTHUS LLP LAW OFFICES OF

HENNESSEE ASHLEY BROOKE

Defendant Attorney

CRONIN BRIAN DAVID

 

Court Documents

Minute Order - MINUTE ORDER (STATUS CONFERENCE REGARDING STATUS OF THE BANKRUPTCY AS TO DE...)

10/28/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE REGARDING STATUS OF THE BANKRUPTCY AS TO DE...)

Proof of Service by Mail

10/4/2019: Proof of Service by Mail

Notice of Motion - NOTICE OF MOTION FOR ORDER TO SUBSTITUTE PLAINTIFF

10/4/2019: Notice of Motion - NOTICE OF MOTION FOR ORDER TO SUBSTITUTE PLAINTIFF

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR ORDER TO SUBSTITUTE PLAINTIFF

10/4/2019: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR ORDER TO SUBSTITUTE PLAINTIFF

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING DISPOSITION AS TO DEFENDANT...)

6/27/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING DISPOSITION AS TO DEFENDANT...)

Notice - NOTICE OF HEARING

7/1/2019: Notice - NOTICE OF HEARING

Notice - NOTICE OF HEARING

6/11/2019: Notice - NOTICE OF HEARING

Notice of Rejection - Pleadings

4/10/2019: Notice of Rejection - Pleadings

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING ANSWER/RESPONSIVE PLEADING ...)

3/29/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: REGARDING ANSWER/RESPONSIVE PLEADING ...)

Proof of Service by Mail

1/30/2019: Proof of Service by Mail

Civil Case Cover Sheet

4/2/2018: Civil Case Cover Sheet

Summons

4/2/2018: Summons

Legacy Document - LEGACY DOCUMENT TYPE: Complaint filed-Summons Issued

4/2/2018: Legacy Document - LEGACY DOCUMENT TYPE: Complaint filed-Summons Issued

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

4/17/2018: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

4/20/2018: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Notice of Stay of Proceedings (Bankruptcy)

5/9/2018: Notice of Stay of Proceedings (Bankruptcy)

Notice of Change of Address or Other Contact Information

10/12/2018: Notice of Change of Address or Other Contact Information

Case Management Statement -

10/9/2018: Case Management Statement -

18 More Documents Available

 

Docket Entries

  • 02/19/2020
  • Hearing02/19/2020 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Order to Show Cause Re: regarding answer/responsive pleading/default as to all defendants

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  • 02/19/2020
  • Hearing02/19/2020 at 08:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Trial Setting Conference

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  • 01/09/2020
  • Hearing01/09/2020 at 13:30 PM in Department C at 12720 Norwalk Blvd., Norwalk, CA 90650; Hearing on Motion - Other Motion for Order to Substitute Plaintiff

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  • 10/28/2019
  • Docketat 08:30 AM in Department F; Status Conference (regarding status of the bankruptcy as to defendant Brenda Rodriguez) - Held

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  • 10/28/2019
  • DocketMinute Order ( (Status Conference regarding status of the bankruptcy as to de...)); Filed by Clerk

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  • 10/04/2019
  • DocketRequest for Judicial Notice (in Support of Motion for Order to Substitute Plaintiff); Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 10/04/2019
  • DocketMemorandum of Points & Authorities (in Support of Motion for Order to Substitute Plaintiff); Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 10/04/2019
  • DocketProof of Service by Mail; Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 10/04/2019
  • DocketNotice of Motion (For Order to Substitute Plaintiff); Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 09/26/2019
  • DocketNotice (of Termination or Modification of Stay); Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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23 More Docket Entries
  • 10/09/2018
  • DocketCase Management Statement; Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 10/09/2018
  • DocketMinute Order ((Case Management Conference)); Filed by Clerk

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  • 05/09/2018
  • DocketNotice of Stay of Proceedings (Bankruptcy); Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 05/09/2018
  • DocketProof of Service (not Summons and Complaint); Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 04/20/2018
  • DocketRtn of Service of Summons & Compl; Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 04/17/2018
  • DocketRtn of Service of Summons & Compl; Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 04/02/2018
  • DocketCivil Case Cover Sheet

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  • 04/02/2018
  • DocketComplaint filed-Summons Issued; Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 04/02/2018
  • DocketSummons; Filed by PACIFIC UNION FINANCIAL, LLC (Plaintiff)

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  • 04/02/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: VC067031    Hearing Date: January 09, 2020    Dept: SEC

PACIFIC UNION FINANCIAL, LLC v. BRENDA RODRIGUEZ, et al.

CASE NO.: VC067031

HEARING: 1/9/20

JUDGE: OLIVIA ROSALES

#6

TENTATIVE RULING

Plaintiff Pacific Union Financial, LLC’s unopposed motion to substitute Nationstar Mortgage LLC d/b/a Mr. Cooper as Plaintiff in this action is granted.

Plaintiff to give notice.

Relevant Background

On April 2, 2018, Plaintiff Pacific Union Financial, LLC (“Plaintiff”) filed a complaint against Defendants Brenda Rodriguez (“Rodriguez”) and First City Credit Union (“First City”), asserting causes of action for declaratory relief, reformation, and judicial foreclosure, relating to the real property located at 6845 Bissell Street, Huntington Park, CA 90255.

On May 9, 2018, Plaintiff filed a Notice of Stay of Proceedings due to a bankruptcy filing (Chapter 13) by Rodriguez.

On May 7, 2019, the Court entered an order approving stipulation for non-participation as to First City.

On September 26, 2019, Plaintiff filed a Notice of Termination or Modification of Stay, indicating the stay described in the Notice of Stay of Proceedings had been vacated by order of another court. The United States Bankruptcy Court, Central District of California – Los Angeles Division, entered an order (on August 8, 2019) granting Nationstar Mortgage LLC d/b/a Mr. Cooper, its assignees and/or successor’s motion for relief from the automatic stay under 11 U.S.C. §362 (real property). The Court ordered, among other things, that Plaintiff may enforce its remedies to foreclose upon and obtain possession of the subject property in accordance with non-bankruptcy law.

Legal Standard

C.C.P. §368.5 provides, as follows: “An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.”

Request for Judicial Notice

Plaintiff’s request for judicial notice is granted. However, the Court will not take judicial notice of the truth of the matters asserted within the Certificate of Merger.

Discussion

Plaintiff moves for an order substituting Nationstar Mortgage LLC d/b/a Mr. Cooper (“Nationstar”) as Plaintiff in this action.

Plaintiff submitted evidence showing its interest in this action has been transferred to Nationstar. Specifically, Plaintiff submitted a Certificate of Merger (filed with the Secretary of State on February 1, 2019), showing Plaintiff merged with Nationstar. The Certificate of Merger states Nationstar is the surviving entity. (RJN, Exhibit A.)

Based on the foregoing, Plaintiff’s unopposed motion to substitute Nationstar as Plaintiff is granted.