ANTONIO C. GILTON ET AL VS. VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA ET AL
Case Summary
Case Details
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Case Number:
*******7021
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Filing Date:
12/08/2021
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Case Status:
Not Classified By Court
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Case Type:
Property - Other Real Property
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Courthouse:
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County, State:
San Francisco, California
Judge Details
Judge
SAMUEL K. FENG
Party Details
Plaintiffs
GILTON JR., WESLEY C.
GILTON, ANTONIO C.
GILTON, BARRY E.
GILTON, BERNARD P.
GILTON, PATRICIA A.
GILTON, WILLIE J.
GILTON-MARTIN, HELEN
Defendants
ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERTO
ASSURED LENDER SERVICES, INC., A CALIFORNIA CORPORATION
DOES 1 TO 50
FIRST AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION
GILTON, DORIS
SPFF LP, A CALIFORNIA LIMITED PARTNERSHIP
U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE FOR VCC 2020-MCI TRUST, A CALIFORNIA CORPORATION
VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION
Attorney/Law Firm Details
Plaintiff Attorney
GOINS, VERNON CHARLES
Attorney at LAW OFFICES VERNON C. GOINS
1970 Broadway, Suite 450
Oakland, CA 94612
Court Documents
QUIET TITLE - REAL PROPERTY, COMPLAINT (TRANSACTION ID # 67153392) FILED BY PLAINTIFF GILTON, ANTONIO C. GILTON-MARTIN, HELEN GILTON JR., WESLEY C. GILTON, WILLIE J. GILTON, BARRY E. GILTON, PATRICIA A. GILTON, BERNARD P. AS TO DEFENDANT VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION FIRST AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE FOR VCC 2020-MCI TRUST, A CALIFORNIA CORPORATION ASSURED LENDER SERVICES, INC., A CALIFORNIA CORPORATION ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERTO DOES 1 TO 50 GILTON, DORIS SPFF LP, A CALIFORNIA LIMITED PARTNERSHIP NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAY-11-2022 PROOF OF SERVICE DUE ON FEB-07-2022 CASE MANAGEMENT STATEMENT DUE ON APR-18-2022
CIVIL CASE COVERSHEET FILED (TRANSACTION ID # 67153392) FILED BY PLAINTIFF GILTON, ANTONIO C. GILTON-MARTIN, HELEN GILTON JR., WESLEY C. GILTON, WILLIE J. GILTON, BARRY E. GILTON, PATRICIA A. GILTON, BERNARD P.
NOTICE TO PLAINTIFF
Docket Entries
- 05/11/2022
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HearingMatter(s): CASE MANAGEMENT CONFERENCE; Location: CIVIC CENTER COURTHOUSE ROOM 610; Judge Name: SAMUEL K. FENG
- 12/09/2021
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FinancialPayment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $435; Payment Type : ELECTRONIC ; Receipt Number : C7121C09F001
- 12/08/2021
- View Court Documents
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DocketNOTICE TO PLAINTIFF
- 12/08/2021
- View Court Documents
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DocketCIVIL CASE COVERSHEET FILED (TRANSACTION ID # 67153392) FILED BY PLAINTIFF GILTON, ANTONIO C. GILTON-MARTIN, HELEN GILTON JR., WESLEY C. GILTON, WILLIE J. GILTON, BARRY E. GILTON, PATRICIA A. GILTON, BERNARD P.
- 12/08/2021
- View Court Documents
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DocketQUIET TITLE - REAL PROPERTY, COMPLAINT (TRANSACTION ID # 67153392) FILED BY PLAINTIFF GILTON, ANTONIO C. GILTON-MARTIN, HELEN GILTON JR., WESLEY C. GILTON, WILLIE J. GILTON, BARRY E. GILTON, PATRICIA A. GILTON, BERNARD P. AS TO DEFENDANT VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION FIRST AMERICAN TITLE COMPANY, A CALIFORNIA CORPORATION U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE FOR VCC 2020-MCI TRUST, A CALIFORNIA CORPORATION ASSURED LENDER SERVICES, INC., A CALIFORNIA CORPORATION ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE ESTATE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFF'S TITLE THERTO DOES 1 TO 50 GILTON, DORIS SPFF LP, A CALIFORNIA LIMITED PARTNERSHIP NO SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET NOT FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAY-11-2022 PROOF OF SERVICE DUE ON FEB-07-2022 CASE MANAGEMENT STATEMENT DUE ON APR-18-2022 (Fee:$435.00)
Tentative Rulings
| Case Number: | *******7021 | |
| Case Title: | ANTONIO C. GILTON ET AL VS. VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA ET AL | |
| Court Date: | JUL-28-2022 09:30 AM | |
| Calendar Matter: | DEMURRER to Amended COMPLAINT | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for July 28, 2022 line 5.DEFENDANT SPFF LP, A CALIFORNIA LIMITED PARTNERSHIP DEMURRER to Amended COMPLAINTis sustained in part and overruled in part. Demurrer is sustained with leave to amend for Plaintiff to bring this action in the name of Antonio Gilton, as trustee. (Opposition, but not the operative complaint suggest that Antonio is the current successor trustee; Antonio is currently a plaintiff in his individual capacity only). The Court notes that while Plaintiffs assert in opposition standing to sue in their individual capacities and beneficiaries, this assertion is not supported by any citation to authority. Demurrer is further sustained with leave to amend for Plaintiff to allege a wrongdoing by the moving defendant giving rise to any of the asserted causes of action. Plaintiff shall further allege facts showing that the moving defendant is not a bona fide purchaser. And if such facts may not be alleged in good faith, allege facts showing that the sale is void as to a bona fide purchaser. Demurrer based on res judicata is overruled. The complaint contains allegations of impropriety as to the loan origination. Such allegations could not and were not a part of the determination in any unlawful detainer judgment. The Court further notes that Doris Gilton, was sued in her individual capacity in the UD action and the judgment was entered against her, as an individual. Defendant failed to establish privity at this stage of the litigation (legal authority and/or facts on the face of the complaint) between the owner Trust and Doris Gilton in her individual capacity sufficient for res judicata. The Court notes that opposing party failed to comply with SFLR 2.B. Failure to comply in the future will result in motions being treated as unopposed. =(501/CFH)Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (551) 285-1373; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. |
| Case Number: | *******7021 | |
| Case Title: | ANTONIO C. GILTON ET AL VS. VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA ET AL | |
| Court Date: | MAY-18-2022 09:30 AM | |
| Calendar Matter: | Motion Of Spff Lp To Expunge Notice Of Pendency Of Action; Request For Attorney Fees Against Antonio C. Gilton, Helen Gilton-Martin, Wesley C. Gilton, Jr., Willie J. Gilton, Barry E. Gilton, Patricia A. Gilton, And Bernard P. Gilton; Memorandum Of Points And Authorities | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for May 18, 2022 line 6.MOTION OF SPFF LP TO EXPUNGE NOTICE OF PENDENCY OF ACTION; REQUEST FOR ATTORNEY FEES AGAINST ANTONIO C. GILTON, HELEN GILTON-MARTIN, WESLEY C. GILTON, JR., WILLIE J. GILTON, BARRY E. GILTON, PATRICIA A. GILTON, AND BERNARD P. GILTONis GRANTED. No evidence presented by the Plaintiff's re: probable validity of the real property claims. Fees and costs granted as requested. =(501/CFH)Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 836 2280 0051; Password: 613303; or Phone Dial in: (415) 762-9988; Webinar ID: 836 2280 0051; Password: 613303). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. |
| Case Number: | *******7021 | |
| Case Title: | ANTONIO C. GILTON ET AL VS. VELOCITY COMMERCIAL CAPITAL, LLC, A CALIFORNIA ET AL | |
| Court Date: | APR-14-2022 09:30 AM | |
| Calendar Matter: | Motion Of Spff Lp To Expunge Notice Of Pendency Of Action; Request For Attorney Fees Against Antonio C. Gilton, Helen Gilton-Martin, Wesley C. Gilton, Jr., Willie J. Gilton, Barry E. Gilton, Patricia A. Gilton, And Bernard P. Gilton; Memorandum Of Points And Authorities | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for April 14, 2022 line 2.DEFENDANT SPFF LP, A CALIFORNIA LIMITED PARTNERSHIP Motion Of Spff Lp To Expunge Notice Of Pendency Of Action; Request For Attorney Fees Against Antonio C. Gilton, Helen Gilton-Martin, Wesley C. Gilton, Jr., Willie J. Gilton, Barry E. Gilton, Patricia A. Gilton, And Bernard P. Giltonis CONTINUED to May 18, 2022 on the Court's own motion. =(501/CFH)Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 836 2280 0051; Password: 613303; or Phone Dial in: (415) 762-9988; Webinar ID: 836 2280 0051; Password: 613303). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. |
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