This case was last updated from San Francisco County Superior Courts on 06/30/2019 at 21:22:04 (UTC).

JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL

Case Summary

On 02/19/2019 JULIANA CLEGG filed a Property - Other Real Property lawsuit against WILMINGTON TRUST, NATIONAL ASSOCIATION. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are GARRETT L. WONG and CHARLES F. HAINES. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3856

  • Filing Date:

    02/19/2019

  • Case Status:

    Not Classified By Court

  • Case Type:

    Property - Other Real Property

  • County, State:

    San Francisco, California

Judge Details

Judges

GARRETT L. WONG

CHARLES F. HAINES

 

Party Details

Plaintiff

CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST

Defendants

WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OPF THE MFRA TRUST 2012-2

FAY SERVICING, LLC

DOES 1 TO 10

WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

Attorney/Law Firm Details

Plaintiff Attorney

GOODELL, ESQ., NELSON W.

Attorney at THE GOODELL LAW FIRM

5 Third Street Ste. 1100

San Francisco, CA 94103

Defendant Attorney

FINK, JONATHAN D

Attorney at WRIGHT, FINLAY & ZAK, LLP

4665 Macarthur Court, Suite 200

Newport Beach, CA 92660

 

Court Documents

Notice to Plaintiff

NOTICE TO PLAINTIFF

COMPLAINT

QUIET TITLE - REAL PROPERTY, COMPLAINT FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST AS TO DEFENDANT WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OPF THE MFRA TRUST 2012-2 FAY SERVICING, LLC DOES 1 TO 10 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUL-24-2019 PROOF OF SERVICE DUE ON APR-22-2019 CASE MANAGEMENT STATEMENT DUE ON JUL-01-2019

Proof of Service of Summons to Fay Servicing

SUMMONS ON COMPLAINT (TRANSACTION ID # 100066051), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST SERVED MAR-04-2019, PERSONAL SERVICE AS TO DEFENDANT FAY SERVICING, LLC

Proof of Service of Summons to Wilmington

SUMMONS ON COMPLAINT (TRANSACTION ID # 100066051), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST SERVED MAR-04-2019, PERSONAL SERVICE AS TO DEFENDANT WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OPF THE MFRA TRUST 2012-2

Notice of Motion and Motion to Strike Portions of Plaintiffs Complaint

MOTION TO STRIKE COMPLAINT, PROOF OF SERVICE, POINTS AND AUTHORITIES (TRANSACTION ID # 100067622) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2) HEARING SET FOR MAY-07-2019 AT 09:30 AM IN DEPT 501

Declaration of Lukasz I. Wozniak Regarding Meet and Confer For Motion

DECLARATION OF LUKASZ I. WOZNIAK REGARDING MEET AND CONFER FOR MOTION TO STRIKE (TRANSACTION ID # 100067622) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

Proof of Service

PROOF OF SERVICE RE: OPPOS. TO MTN TO STRIKE (TRANSACTION ID # 100069898) FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST

Plaintiffs Opposition to Defendants Motion to Strike

OPPOSITION TO MOTION TO STRIKE (TRANSACTION ID # 100069898) FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST

Defendants Reply to Plaintiffs Opposition to Motion and Motion to Stri

REPLY TO OPPOSITION TO MOTION AND MOTION TO STRIKE PORTIONS OF COMPLAINT (TRANSACTION ID # 100070049) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

Answer to Plaintiffs Unverified Complaint

ANSWER TO COMPLAINT (TRANSACTION ID # 100072694) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

Notice of Ruling on Defendants Motion to Strike Portions of Plaintiffs

NOTICE OF RULING ON DEFENDANTS MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT (TRANSACTION ID # 100072719) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

ORDER

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

Notice of Entry of Order Granting in Part and Denying in Part Defendan

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED GRANTING IN PARTY AND DENYING IN PART MOTION TO STRIKE PORTIONS OF COMPLAINT (TRANSACTION ID # 100074208) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

1 More Documents Available

 

Docket Entries

  • 04/10/2019
  • Payment : CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount : $900; Payment Type : ELECTRONIC; Receipt Number : R4919410F014

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  • 02/19/2019
  • Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK; Receipt Number : W1019219F004

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  • 06/10/2019
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  • NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED GRANTING IN PARTY AND DENYING IN PART MOTION TO STRIKE PORTIONS OF COMPLAINT (TRANSACTION ID # 100074208) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

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  • 06/04/2019
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  • ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

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  • 05/23/2019
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  • NOTICE OF RULING ON DEFENDANTS MOTION TO STRIKE PORTIONS OF PLAINTIFFS COMPLAINT (TRANSACTION ID # 100072719) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

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  • 05/23/2019
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  • ANSWER TO COMPLAINT (TRANSACTION ID # 100072694) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

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  • 05/21/2019
  • REAL PROPERTY/HOUSING MOTION 501,DEFENDANT FAY SERVICING, LLC AND WILMINGTON TRUST'S MOTION TO STRIKE COMPLAINT IS GRANTED IN PART AND DENIED IN PART. MOTION IS DENIED AS TO THE REQUEST FOR PUNITIVE DAMAGES. SUFFICIENT FACTS ARE ALLEGED TO SUPPORT A REQUEST FOR PUNITIVE DAMAGES BASED ON FRAUD. MOTION IS GRANTED AS TO THE REQUEST AND REFERENCES TO EMOTIONAL DISTRESS DAMAGES. PLAINTIFF FAILS TO CITE ANY AUTHORITY FOR A PROPOSITION THAT AT TRUST, AS OPPOSED TO AN INDIVIDUAL, MAY RECOVER EMOTIONAL DISTRESS DAMAGES. GREEN V. CENTRAL MORTGAGE (2015) 148 F. SUPP.3D 852 IS NOT ON POINT. PREVAILING PARTY TO PREPARE ORDER IN COMPLIANCE WITH CRC3.1312(B). JUDGE CHARLES F. HAINES, CLERK: N. WONG, NOT REPORTED (D501)

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  • 05/21/2019
  • MINI MINUTES FOR MAY-21-2019 09:30 AM FOR DEPT 501

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  • 05/10/2019
  • REAL PROPERTY/HOUSING MOTION 501, DEFENDANTS FAY SERVICING, LLC, WILMINGTON TRUST'S, MOTION TO STRIKE COMPLAINT ISCONTINUED TO MAY 21, 2019 PURSUANT TO PARTIES' STIPULATION. JUDGE CHARLES F. HAINES, CLERK: N. WONG, NOT REPORTED (D501)

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  • 05/10/2019
  • MINI MINUTES FOR MAY-10-2019 09:30 AM FOR DEPT 501

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1 More Docket Entries
  • 05/07/2019
  • MINI MINUTES FOR MAY-07-2019 09:30 AM FOR DEPT 501

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  • 04/26/2019
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  • REPLY TO OPPOSITION TO MOTION AND MOTION TO STRIKE PORTIONS OF COMPLAINT (TRANSACTION ID # 100070049) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

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  • 04/24/2019
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  • OPPOSITION TO MOTION TO STRIKE (TRANSACTION ID # 100069898) FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST

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  • 04/24/2019
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  • PROOF OF SERVICE RE: OPPOS. TO MTN TO STRIKE (TRANSACTION ID # 100069898) FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST

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  • 04/02/2019
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  • DECLARATION OF LUKASZ I. WOZNIAK REGARDING MEET AND CONFER FOR MOTION TO STRIKE (TRANSACTION ID # 100067622) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2)

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  • 04/02/2019
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  • MOTION TO STRIKE COMPLAINT, PROOF OF SERVICE, POINTS AND AUTHORITIES (TRANSACTION ID # 100067622) FILED BY DEFENDANT FAY SERVICING, LLC WILMINGTON TRUST, NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2 (ERRONEOUSLY SUED HEREIN AS WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OF THE MFRA TRUST 2014-2) HEARING SET FOR MAY-07-2019 AT 09:30 AM IN DEPT 501 (Fee:$900.00)

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  • 03/15/2019
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 100066051), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST SERVED MAR-04-2019, PERSONAL SERVICE AS TO DEFENDANT WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OPF THE MFRA TRUST 2012-2

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  • 03/15/2019
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  • SUMMONS ON COMPLAINT (TRANSACTION ID # 100066051), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST SERVED MAR-04-2019, PERSONAL SERVICE AS TO DEFENDANT FAY SERVICING, LLC

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  • 02/19/2019
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  • NOTICE TO PLAINTIFF

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  • 02/19/2019
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  • QUIET TITLE - REAL PROPERTY, COMPLAINT FILED BY PLAINTIFF CLEGG, JULIANA AS THE TRUSTEE OF THE THOMAS AND ALICE CARNES TRUST AS TO DEFENDANT WILMINGTON TRUST, NATIONAL ASSOCIATION AS TRUSTEE OPF THE MFRA TRUST 2012-2 FAY SERVICING, LLC DOES 1 TO 10 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUL-24-2019 PROOF OF SERVICE DUE ON APR-22-2019 CASE MANAGEMENT STATEMENT DUE ON JUL-01-2019 (Fee:$450.00)

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Tentative Rulings

Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:MAY-07-2019 09:30 AM
Calendar Matter:MOTION TO STRIKE COMPLAINT
Rulings:Real Property/Housing Court Law and Motion Calendar for May 07, 2019 line 2.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, MOTION TO STRIKE COMPLAINTcontinued to May 10, 2019 on Court's own motion. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:JUN-26-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Judgment On The Pleadings; Memorandum Of Points And Authorities In Support Thereof
Rulings:Real Property/Housing Court Law and Motion Calendar for June 26, 2020 line 2. DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST's Motion For Judgment On The Pleadings; READ THIS NOTIFICATION IN ITS ENTIRETY. Due to COVID-19 pandemic telephonic appearances are encouraged. If you appear in-person for your case notify the department by 5:00 p.m. one day before the hearing at Department501ContestTR@sftc.org. Department will follow social distancing guidelines and you will be required to wear a mask or a face covering. By 8:00 a.m. on the date of the hearing moving and opposing parties to submit electronic copies of their respective proposed orders (note: prevailing party to prepare an order repeating the tentative ruling verbatim in addition to any other proposed orders) in an editable format to Dept501Orders@sftc.org, so that the judge can modify it prior to signing, if needed. All communications shall include in the subject line the case name, number and hearing date. (e.g. "Smith v. Jones; CGC-18-555555; June 1, 2020"). All communications sent to the Court must be copied to the opposing party/counsel for whom e-mail addresses are known. The e-mail address provided herein shall only be used for the purposes indicated above. No unauthorized communications will be considered or responded to.Defendant's Motion for Judgment on the Pleadings is GRANTED with leave to amend. Plaintiff failed to abide by the "notice and cure" provision in Section 20 of the Deed of Trust prior to filing this lawsuit. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:FEB-26-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Ordering And Setting Depositions Of Clarice Wright And Loren Morris And Objections Thereto Memorandum Of Points And Authorities And Declaration Of Lukasz I. Wozniak In Support Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for February 26, 2021 line 3.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Ordering And Setting Depositions Of Clarice Wright And Loren Morris And Objections Thereto Memorandum Of Points And Authorities And Declaration Of Lukasz I. Wozniak In Support TheretoStatus Report re: deposition. =(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). Zoom appearance is preferred. 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:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:FEB-05-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for February 5, 2021 line 4.DEFENDANTS FAY SERVICING, LLC and WILMINGTON TRUST's Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions (filed October 5, 2020) is GRANTED in part and DENIED in part as follows: Motion for Protective order is denied, Ms. Wright and Mr. Morris shall appear for depositions. Parties to arrange for a date of the deposition with the discovery referee, who is to be present at the depositions. Motion for Terminating sanctions is DENIED. The Court will grant issue and evidentiary sanctions. Mr. Goodell shall prepare an order and parties should meet and confer regarding the content of the order re: deposition topics/questions subject to issue and evidentiary sanctions to be submitted to the Court for execution after the depositions of Ms. Wright and Mr. Morris. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:JAN-22-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for January 22, 2021 line 4.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Theretois continued to February 5, 2021 to be heard with other pending motion. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:JAN-11-2021 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for January 11, 2021, line 3.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Theretois continued to January 22, 2021 on Court's own motion.= (501/REQ)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:DEC-17-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for December 17, 2020 line 4.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Theretois continued to January 11, 2021 on Court's own motion. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:NOV-19-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for November 19, 2020 line 1.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Theretois continued to December 17, 2020. This case is ordered to settlement conference on December 2, 2020 at 9:30 a.m. in department 603. A joint report re: settlement to be submitted by the parties no later than December 15, 2020. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:NOV-09-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for November 9, 2020 line 5.DEFENDANTS FAY SERVICING, LLC, WILMINGTON TRUST'S, Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections TheretoHearing Required. Hearing Required. By no later than 8:30 a.m. on November 9, 2020 Defendant to file (a hard courtesy copy to be delivered to department 501) a declaration stating that: (1) appropriate city officials have been contacted and an inspection re: repairs has been scheduled; and (2) all appropriate permits have been obtained or, if no permits have been obtained, state the authority allowing for repairs without permits. Declarations shall be provided by individuals competent to testify on these matters having personal knowledge. Declaration shall not exceed 1 page and shall be limited to the issues listed above. By no later than 8:30 a.m. moving party shall provide the following supplemental brief (a hard courtesy copy to be delivered to department 501) in a table format. The brief shall include all testimony provided by Ms. Sequete appearing for "Wilmington Trust, National Association" be it on July 1 or July 2, 2020. (NOTE: Moving papers included only one transcript of Sequete Deposition, Ex. J Wednesday, July 1, 2020, including pages 1-57); if supplemental brief refers to any other transcripts, copies of such transcripts shall also be provided). The brief shall include all question asked at the Wilmington PMQ deposition and shall be in the following format:Column One: State the Question asked by Plaintiff's Counsel with citation to the transcript. (e.g. "Has Wilmington ever given Fay, reimbursed Fay for any of the money they paid on attorney's fees Ex. J 11:4-6). Column Two: Identify if the question was pursuant to any of the Topics covered in the Notice of Deposition for Wilmington Trust PMQ. If question was asked on one of the designated topics, state that number of and quote the topic. (e.g. Topic 1. The amount that you have disbursed on the LOAN for attorney's fees and litigation costs for Clegg I). If Defendant asserts that the question was outside of the Notice of Deposition topics, state "none."Column Three: Quote the response provided to the question. If response references previously provided responses, quote the previous response. Provide citations to all quoted portions of the transcripts. (E.g. "I don't know." Ex J 11:7; "It would be the same amount that I was testified to yesterday that Fay disbursed in the loan." Ex. J 10:7-8 AND quote and cite to the testimony provided "yesterday."). = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:NOV-05-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Thereto
Rulings:Real Property/Housing Court Law and Motion Calendar for November 5, 2020 line 2.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion To Disregard And Set Aside And Referees Tentative Report And Recommendations Re Plaintiffs Motion For Sanctions And Objections Theretois continued to November 9, 2020. Moving party is ordered to provide a courtesy copy of the moving papers and Referee's Report and Recommendation with a cover letter reflecting new hearing date no later than November 5, 2020 by 9:00 a.m. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:OCT-19-2020 09:00 AM
Calendar Matter:Defendants Amended Notice Of Motion And Motion To Maintain Designation Of Securitization Servicing Agreement As Confidential
Rulings:Matter on calendar for Monday, October 19, 2020, Line 4,DEFENDANTs FAY SERVICING, LLC, WILMINGTON TRUST's Motion To Maintain Designation Of Securitization Servicing Agreement As ConfidentialOff calendar per the notice of withdrawal of the motion filed on September 22, 2020. =(302/JPT)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:SEP-16-2020 09:30 AM
Calendar Matter:MOTION TO CONSOLIDATE ACTIONS OF CASE(S) CGC-19-579779 WITH CASE CGC-19-573856
Rulings:Real Property/Housing Court Law and Motion Calendar for September 16, 2020. line 2.PLAINTIFF JULIANA CLEGG MOTION TO CONSOLIDATE ACTIONS OF CASE(S) CGC-19-579779 WITH CASE CGC-19-573856is GRANTED for trial and discovery consolidation only. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:SEP-09-2020 09:30 AM
Calendar Matter:MOTION TO CONSOLIDATE ACTIONS OF CASE(S) CGC-19-579779 WITH CASE CGC-19-573856
Rulings:Real Property/Housing Court Law and Motion Calendar for September 09,2020. line 2.PLAINTIFF JULIANA CLEGG MOTION TO CONSOLIDATE ACTIONS OF CASE(S) CGC-19-579779 WITH CASE CGC-19-573856is continued to September 15, 2020 to be heard with other pending motions. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:JUL-31-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion Of Defendants Fay Servicing, Llc And Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee Fro Mfra Trust 2014-2 For Disburssement Of Attorneys Fees And Costs From Escrow And Courts Registry; Memorandum Of Points And Authorities; And Declarations Of Lukasz I. Wozniak, Kimerly Guerin In Support Thereof
Rulings:Real Property/Housing Court Law and Motion Calendar for July 28, 2020 line 2 .Motion Of Defendants' Fay Servicing, Llc And Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee Fro Mfra Trust 2014-2 For Disburssement Of Attorneys Fees And Costs From Escrow And Courts Registry; Due to COVID-19 pandemic telephonic appearances are encouraged. If you appear in-person for your case notify the department by 5:00 p.m. one day before the hearing at Department501ContestTR@sftc.org. Department will follow social distancing guidelines and you will be required to wear a mask or a face covering. By 8:00 a.m. on the date of the hearing moving and opposing parties to submit electronic copies of their respective proposed orders (note: prevailing party to prepare an order repeating the tentative ruling verbatim in addition to any other proposed orders) in an editable format to Dept501Orders@sftc.org, so that the judge can modify it prior to signing, if needed. All communications shall include in the subject line the case name, number and hearing date. (e.g. "Smith v. Jones; CGC-18-555555; June 1, 2020"). All communications sent to the Court must be copied to the opposing party/counsel for whom e-mail addresses are known. The e-mail address provided herein shall only be used for the purposes indicated above. No unauthorized communications will be considered or responded to. Motion for Disbursement of Attorney's Fees and Costs from Escrow is DENIED without prejudice. Defendant to file the motion in this department or before the trial judge after all factual disputes in this case, including the propriety and reasonableness of the fees, are resolved by the trier of fact. =(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:JUN-24-2020 09:30 AM
Calendar Matter:MOTION TO CONSOLIDATE ACTIONS , CGC-19-579779 WITH CASE CGC-19-573856
Rulings:Real Property/Housing Court Law and Motion Calendar for June 24, 2020 line 11.PLAINTIFF JULIANA CLEGG's MOTION TO CONSOLIDATE ACTIONS, CGC-19-579779 WITH CASE CGC-19-573856continued to June 26, 2020 to be heard with other pending motions. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:MAY-10-2019 09:30 AM
Calendar Matter:MOTION TO STRIKE COMPLAINT
Rulings:Real Property/Housing Court Law and Motion Calendar for May 10, 2019 line 5.DEFENDANTS FAY SERVICING, LLC, WILMINGTON TRUST'S, MOTION TO STRIKE COMPLAINTCONTINUED to May 21, 2019 pursuant to parties' stipulation. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:MAY-01-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Reconsideration; Memorandum Of Points And Authorities In Support Thereof
Rulings:Real Property/Housing Court Law and Motion Calendar for May 1, 2020 line 1.DEFENDANTs FAY SERVICING, LLC and WILMINGTON TRUST's Motion For Reconsiderationcontinued to June 26, 2020. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:MAR-13-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion For A Preliminary Injunction Against Defendants Wilmington Trust, National Association As Trustee Of The Mfra Trust 2014-2 And Fay Servicing Llc
Rulings:Real Property/Housing Court Law and Motion Calendar for March 13, 2020 line 1.PLAINTIFF JULIANA CLEGG Notice Of Motion And Motion For A Preliminary Injunction Against Defendants Wilmington Trust, National Association As Trustee Of The Mfra Trust 2014-2 And Fay Servicing Llcis continued to April 1, 2020 for Plaintiff to comply with SFLR 2.7B and provide a curtesy copies of filings made on March 6, 2020 and March 11, 2020. Courtesy copies to be delivered to department 501 no later than March 20, 2020 with a cover letter reflecting new hearing date. =(501/SKF)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:MAR-12-2020 09:30 AM
Calendar Matter:Notice Of Motion And Motion For Judgment On The Pleadings; Memorandum Of Points And Authorities In Support Thereof
Rulings:Real Property/Housing Court Law and Motion Calendar for March 12, 2020 line 7.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, Notice Of Motion And Motion For Judgment On The Pleadings; Memorandum Of Points And Authorities In Support Thereofis continued to March 13, 2020 to be heard with other pending motion(s). =(501/SKF)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:JAN-03-2020 09:30 AM
Calendar Matter:Order To Show Cause For Temporary Restraining Order
Rulings:Real Property/Housing Court Law and Motion Calendar for January 3, 2020 line 5.Order To Show Cause For Temporary Restraining OrderOFF CALENDAR per request of the moving party. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:DEC-31-2019 09:30 AM
Calendar Matter:MOTION FOR LEAVE TO File Second Amended Complaint
Rulings:Real Property/Housing Court Law and Motion Calendar for Dec. 31, 2019 line 1.PLAINTIFF JULIANA CLEGG MOTION FOR LEAVE TO File Second Amended Complaintis GRANTED, Second Amended Complaint shall be filed and served forthwith. Trial is continued to July 22, 2020. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:DEC-20-2019 09:30 AM
Calendar Matter:Order To Show Cause For Temporary Restraining Order
Rulings:Real Property/Housing Motion Calendar for Friday December 20, 2019 Line 5 (part 3 of 3).Order To Show Cause For Temporary Restraining Orderis continued to December 31, 2019 on Court's own motion. If parties agree on a different date for a hearing after December 31, 2019 parties may jointly provide a different date before 8:00 a.m. on December 20, 2019 to Department501ContestTR@sftc.org. No appearances required.=(501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:NOV-15-2019 09:00 AM
Calendar Matter:Notice Of Motion And Motion To Compel Further Deposition Of The Person Most Knowledgeable Of Wilmington Trust, N.A., As Trustee Of The Mfra Trust 2014-2 And Request For Monetary Sanctions Against Wilmington Trust And Defendant'S Counsel
Rulings:Matter on calendar for Friday, November 15, 2019, Line 3,PLAINTIFF JULIANA CLEGG's Motion To Compel Further Deposition Of The Person Most Knowledgeable Of Wilmington Trust, N.A., As Trustee Of The Mfra Trust 2014-2 And Request For Monetary Sanctions Against Wilmington Trust And Defendant'S CounselPro Tem Judge Katherine Gallo, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling:Parties to appear to discuss the scope of the discovery requested, the implementation of a protective order and the appointment of a discovery referee. The court recommends that the parties appear in person. Any party who contests a tentative ruling must send an email to klgallo@discoveryreferee.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/JPT)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:NOV-06-2019 09:00 AM
Calendar Matter:Notice Of Motion And Motion To Enforce Subpoenas Duces Tecum Issued To First Bridge Lending And Dryden Capital Over Objections Of Paul Clegg; Declaration Of Lukasz I. Wozniak In Support Thereof
Rulings:Matter on calendar for Wednesday, November 6, 2019, Line 5, DEFENDANTS FAY SERVICING, LLC, WILMINGTON TRUST'S Motion To Enforce Subpoenas Duces Tecum Issued To First Bridge Lending And Dryden Capital Over Objections Of Paul CleggOff calendar as moot per stipulation. =(302/JPT)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:OCT-30-2019 09:00 AM
Calendar Matter:Notice Of Motion And Motion To Enforce Subpoenas Duces Tecum Issued To First Bridge Lending And Dryden Capital Over Objections Of Paul Clegg; Declaration Of Lukasz I. Wozniak In Support Thereof
Rulings:Matter on calendar for Wednesday, October 30, 2019, Line 3DEFENDANTS FAY SERVICING, LLC, WILMINGTON TRUST'S, Motion To Enforce Subpoenas Duces Tecum Issued To First Bridge Lending And Dryden Capital Over Objections Of Paul CleggContinued to Nov-06-2019 per stipulated agreement and email dated 10-22-19 =(302/JPT)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:OCT-29-2019 09:00 AM
Calendar Matter:Notice Of Motion And Motion To Compel Further Deposition Of The Person Most Knowledgeable Of Wilmington Trust, N.A., As Trustee Of The Mfra Trust 2014-2 And Request For Monetary Sanctions Against Wilmington Trust And Defendant'S Counsel
Rulings:Matter on calendar for Tuesday, October 29, 2019, Line 3, PLAINTIFF JULIANA CLEGG'S Motion To Compel Further Deposition Of The Person Most Knowledgeable Of Wilmington Trust, N.A., As Trustee Of The Mfra Trust 2014-2 And Request For Monetary Sanctions Against Wilmington Trust And Defendant'S CounselPro Tem Judge Tony Schoenberg, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge.The Pro Tem Judge has issued the following tentative ruling:Continued to November 15, 2019 on the court's motion. The Judge Pro Tem recuses himself.Any party who contests a tentative ruling must send an email to tschoenberg@fbm.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/JPT)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:OCT-17-2019 09:30 AM
Calendar Matter:DEMURRER TO COMPLAINT
Rulings:Real Property/Housing Court Law and Motion Calendar for October 17, 2019 line 3.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, DEMURRER TO COMPLAINTsustained without leave to amend. Newly added causes of action are preempted by HOLA. Additionally, the property is owned by a trust, not a natural person and not a borrower within the meaning of HBOR. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:SEP-18-2019 09:30 AM
Calendar Matter:DEMURRER TO COMPLAINT
Rulings:Real Property/Housing Court Law and Motion Calendar for Sep 18, 2019 line 5.DEFENDANT FAY SERVICING, LLC, WILMINGTON TRUST, DEMURRER TO COMPLAINTcontinued to October 17, 2019 for the moving party to comply with SFLR 2.7B and provide courtesy copies of the moving papers and the operative complaint to department 501 no later than September 23, 2019 with a cover letter reflecting new hearing date. (Courtesy copy of reply received at 11:00 a.m. on September 17, 2019. See SFRL 2.7B for timely delivery rules). =(501/RBU)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:MAY-21-2019 09:30 AM
Calendar Matter:MOTION TO STRIKE COMPLAINT
Rulings:Real Property/Housing Court Law and Motion Calendar for May 21, 2019 line 6.DEFENDANT FAY SERVICING, LLC and WILMINGTON TRUST's MOTION TO STRIKE COMPLAINT GRANTED in part and DENIED in part. Motion is denied as to the request for punitive damages. Sufficient facts are alleged to support a request for punitive damages based on fraud. Motion is GRANTED as to the request and references to emotional distress damages. Plaintiff fails to cite any authority for a proposition that at trust, as opposed to an individual, may recover emotional distress damages. Green v. Central Mortgage (2015) 148 F. Supp.3d 852 is not on point. = (501/CFH)


Case Number:*******3856
Case Title:JULIANA CLEGG VS. WILMINGTON TRUST, NATIONAL ASSOCIATION ET AL
Court Date:APR-02-2021 09:30 AM
Calendar Matter:MOTION FOR SUMMARY ADJUDICATION Of Issues On Defendant Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee For Mfra Trust 2014-2 And Notice Of Joinder In Defendant Fay Servicing, Llcs Motion For Summary Judgment Or, Alternatively, For Summary Adjudication Of Issues
Rulings:Real Property/Housing Court Law and Motion Calendar for April 2, 2021 line 2.DEFENDANT WILMINGTON TRUST, MOTION FOR SUMMARY ADJUDICATION Of Issues On Defendant Wilmington Trust, National Association, Not In Its Individual Capacity, But Solely As Trustee For Mfra Trust 2014-2 And Notice Of Joinder In Defendant Fay Servicing, LLC's Motion For Summary Judgment Or, Alternatively, For Summary Adjudication Of Issuesis OFF CALENDAR, Notice of Settlement on file. =(501/CFH)


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