This case was last updated from Los Angeles County Superior Courts on 11/29/2019 at 08:01:14 (UTC).

THE BANK OF NEW YORK MELLON VS NORMAN CAILPAN

Case Summary

On 05/25/2018 THE BANK OF NEW YORK MELLON filed a Property - Other Real Property lawsuit against NORMAN CAILPAN. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are ROBERT A. DUKES and PETER A. HERNANDEZ. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0321

  • Filing Date:

    05/25/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROBERT A. DUKES

PETER A. HERNANDEZ

 

Party Details

Plaintiffs

BANK OF NEW YORK MELLON THE

THE BANK OF NEW YORK MELLON

Defendants and Cross Plaintiffs

CAILPAN ADELAINE

SOUTHWEST BAYROCK 2005

CAILPAN NORMAN

FEDERAL NATIOJNAL SERVICES LLC

FEDERAL NATIONAL SERVICES LLC

SOUTHWEST BAYROCK 2005 CORPORATE PASS-THROUGH CERTIFICATES SERIES 2005

Defendants and Cross Defendants

FEDERAL NATIONAL SERVICES LLC

SOUTHWEST BAYROCK 2005 CORPORATE PASS-THROUGH CERTIFICATES SERIES 2005

BAYROCK MORTGAGE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

ZUBERI ESQ. NABEEL

ZUBERI NABEEL M.

Defendant and Cross Plaintiff Attorneys

RODRIGUEZ-GOMEZ SERGIO ANDRES ESQ.

RODRIGUEZ SERGIO ESQ.

 

Court Documents

Declaration - DECLARATION DECLARATION OF NMZ ISO MOTION FOR SANCTIONS

11/7/2019: Declaration - DECLARATION DECLARATION OF NMZ ISO MOTION FOR SANCTIONS

Motion for Sanctions

11/7/2019: Motion for Sanctions

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE;)

11/19/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE;)

Notice - NOTICE OF MANDATORY SETTLEMENT CONFERENCE

9/17/2019: Notice - NOTICE OF MANDATORY SETTLEMENT CONFERENCE

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE;)

8/20/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE;)

Case Management Statement

5/29/2019: Case Management Statement

Notice - Notice of Pendency of Action (Lis Pendens)

5/25/2018: Notice - Notice of Pendency of Action (Lis Pendens)

Notice of Case Assignment - Unlimited Civil Case

5/25/2018: Notice of Case Assignment - Unlimited Civil Case

Cross-Complaint

9/25/2018: Cross-Complaint

Notice of Case Reassignment and Order for Plaintiff to Give Notice -

10/2/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice -

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Cas...)

12/18/2018: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Cas...)

Proof of Personal Service

12/3/2018: Proof of Personal Service

Proof of Personal Service

12/3/2018: Proof of Personal Service

Case Management Statement

12/4/2018: Case Management Statement

Cross-Complaint -

9/25/2018: Cross-Complaint -

Answer -

9/25/2018: Answer -

Summons -

9/25/2018: Summons -

Notice of Court Hearing - OSC

8/3/2018: Notice of Court Hearing - OSC

38 More Documents Available

 

Docket Entries

  • 07/28/2020
  • Hearing07/28/2020 at 08:30 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Jury Trial

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  • 07/20/2020
  • Hearing07/20/2020 at 08:30 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Final Status Conference

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  • 01/07/2020
  • Hearing01/07/2020 at 08:30 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Hearing on Motion for Sanctions

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  • 11/19/2019
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held

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  • 11/19/2019
  • DocketMinute Order ( (Case Management Conference;)); Filed by Clerk

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  • 11/07/2019
  • DocketDeclaration (Declaration of SWB ISO Motion for Sanctions); Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 11/07/2019
  • DocketDeclaration (Declaration of NMZ ISO Motion for Sanctions); Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 11/07/2019
  • DocketMotion for Sanctions; Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 11/04/2019
  • DocketCase Management Statement; Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 09/20/2019
  • DocketStatus Report; Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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54 More Docket Entries
  • 08/03/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 08/03/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 05/30/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/30/2018
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 05/25/2018
  • DocketNotice (of Pendency of Action (Lis Pendens)); Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 05/25/2018
  • DocketCivil Case Cover Sheet; Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 05/25/2018
  • DocketComplaint; Filed by THE BANK OF NEW YORK MELLON (Plaintiff)

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  • 05/25/2018
  • DocketNotice of Case Assignment - Unlimited Civil Case

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  • 05/25/2018
  • DocketSummons (on Complaint)

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  • 05/25/2018
  • DocketComplaint Filed

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Tentative Rulings

Case Number: KC070321    Hearing Date: January 06, 2020    Dept: O

Plaintiff Bank of the New York Mellon’s motion for sanctions is DENIED without prejudice.

Plaintiff Bank of the New York Mellon f/k/a The Bank of the New York’s (“Plaintiff”) moves for monetary sanctions of $3,689.35 against Defendants and Cross-Complainants Norman Cailipan and Adelaine Cailipan (“Defendants”) under the Local Rules and California Rules governing a Mandatory Settlement Conference (“MSC”).

Local Rule 3.25(d)(1) states: “Unless expressly excused for good cause by the judge, all persons who consent is required to effect a binding settlement must be personal present at a scheduled settlement conference.” California Rule of Court 3.1380 states that trial counsel, parties, and persons with full authority to settle the case must personally attend the settlement conference. Furthermore, Local Rule 3.10 gives courts authority to impose sanctions not only on a party but also on the party’s counsel, for failing or refusing to comply with the local rules.

Here, Defendants’ counsel agreed to a MSC at the Case Management Conference for this case on August 20, 2019. (See Declaration of Nabeel Zuberi ¶ 3, Exhibit A.) The parties were notified of the date of the MSC, and when MSC Statements would be due. (Id. at ¶ 5.) Defendants and their counsel failed to file or serve an MSC statement by the arranged due date. (Id.) Defendants and their counsel also failed to appear at the MSC on October 18, 2019. (Id. at ¶ 7.)

However, the Court notes that Plaintiff failed to file a proof of service with this motion. Without proper service, this court cannot grant the relief Plaintiff is seeking. The Court will inquire of Plaintiff’s counsel to provide and file a copy of the Proof of Service for this motion.

Thus, this motion is DENIED without prejudice until such time as Plaintiff provides a copy of the Proof of Service.