This case was last updated from U.S. District Courts on 01/30/2022 at 09:09:41 (UTC).

Modesta Marmolejo v. Real Time Resolutions Inc et al

Case Summary

On 12/01/2021 Modesta Marmolejo filed a Property - Foreclosure lawsuit against Real Time Resolutions Inc. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Alka Sagar, George H. Wu and Alicia G. Rosenberg. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-09307

  • Filing Date:

    12/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

Judge Details

Referral Judge

Alicia G. Rosenberg

Presiding Judges

Alka Sagar

George H. Wu

 

Party Details

Plaintiff

Modesta Marmolejo

Defendants

Real Time Resolutions Inc

ZBS Law, LLP

Does 1-10, Inclusive

Attorney/Law Firm Details

Plaintiff Attorneys

Timothy George McFarlin

Attorney at McFarlin LLP

4 Park Plaza Suite 1025

Irvine, CA 92614

Fernando Leone

Attorney at McFarlin LLP

4 Park Plaza Suite 1025

Irvine, CA 92614

Defendant Attorney

Nathaniel R Lucey

Attorney at Sweeny Mason LLP

983 University Avenue Suite 104C

Los Gatos, CA 95112

 

Court Documents

#18

(#18) STATUS REPORT On Plaintiff's Chapter 13 Bankruptcy filed by Defendant Real Time Resolutions Inc. (Lucey, Nathaniel) (Entered: 01/10/2022)

#17

(#17) MINUTE IN CHAMBERS - ORDER by Judge George H. Wu: The Court has received notice of Plaintiff's filing a Chapter 13 bankruptcy (ECF No. 16). Consequently, there is an automatic stay of this action at this point. Defendants' motion to dismiss and scheduling conference now set for 2/7/2022 are taken off-calendar. However, the Court sets a status conference for 2/7/2022 at 8:30 AM., as to potential future dates. The Court requests that Defendants file a status report by 2/3/2022, as to whether they will seek to lift the stay with the bankruptcy court. re: Notice of Filing Bankruptcy #16 . (jp) (Entered: 12/28/2021)

#16

(#16) NOTICE OF FILING BANKRUPTCY filed by Defendant Real Time Resolutions Inc. as to PLAINTIFF MODESTA MARMOLEJO, Bankruptcy Court case number 9:21-bk-11237-DS. (Lucey, Nathaniel) (Entered: 12/23/2021)

#15

(#15) MINUTE ORDER (IN CHAMBERS) - RULING ON APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION #13 by Judge George H. Wu: denying #13 EX PARTE APPLICATION for TRO. (See minute order for details) (mrgo) (Entered: 12/16/2021)

14 #8

Exhibit Exhibit G to Declaration of Trakhtenbroit

14 #7

Exhibit Exhibit F to Declaration of Trakhtenbroit

14 #6

Exhibit Exhibit E to Declaration of Trakhtenbroit

14 #5

Exhibit Exhibit D to Declaration of Trakhtenbroit

14 #4

Exhibit Exhibit C to Declaration of Trakhtenbroit

14 #3

Exhibit Exhibit B to Declaration of Trakhtenbroit

14 #2

Exhibit Exhibit A to Declaration of Trakhtenbroit

14 #1

Declaration of Samuel Trakhtenbroit

14 #14

Main Document

13 #3

Proposed Order

13 #2

Declaration

13 #1

Declaration

13 #13

Main Document

9 #3

Exhibit 1- To RJN

32 More Documents Available

 

Docket Entries

  • 01/10/2022
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  • Docket(#18) STATUS REPORT On Plaintiff's Chapter 13 Bankruptcy filed by Defendant Real Time Resolutions Inc. (Lucey, Nathaniel) (Entered: 01/10/2022)

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  • 12/28/2021
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  • Docket(#17) MINUTE IN CHAMBERS - ORDER by Judge George H. Wu: The Court has received notice of Plaintiff's filing a Chapter 13 bankruptcy (ECF No. 16). Consequently, there is an automatic stay of this action at this point. Defendants' motion to dismiss and scheduling conference now set for 2/7/2022 are taken off-calendar. However, the Court sets a status conference for 2/7/2022 at 8:30 AM., as to potential future dates. The Court requests that Defendants file a status report by 2/3/2022, as to whether they will seek to lift the stay with the bankruptcy court. re: Notice of Filing Bankruptcy #16 . (jp) (Entered: 12/28/2021)

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  • 12/23/2021
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  • Docket(#16) NOTICE OF FILING BANKRUPTCY filed by Defendant Real Time Resolutions Inc. as to PLAINTIFF MODESTA MARMOLEJO, Bankruptcy Court case number 9:21-bk-11237-DS. (Lucey, Nathaniel) (Entered: 12/23/2021)

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  • 12/16/2021
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  • Docket(#15) MINUTE ORDER (IN CHAMBERS) - RULING ON APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION #13 by Judge George H. Wu: denying #13 EX PARTE APPLICATION for TRO. (See minute order for details) (mrgo) (Entered: 12/16/2021)

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  • 12/15/2021
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  • Docket(#14) Opposition Plaintiff's Ex Parte Application for Temporary Restraining Order to Show Cause Re Preliminary Injunction re: EX PARTE APPLICATION for Temporary Restraining Order as to stay foreclosure sale #13 filed by Defendant Real Time Resolutions Inc. (Attachments: #1 Declaration of Samuel Trakhtenbroit, #2 Exhibit Exhibit A to Declaration of Trakhtenbroit, #3 Exhibit Exhibit B to Declaration of Trakhtenbroit, #4 Exhibit Exhibit C to Declaration of Trakhtenbroit, #5 Exhibit Exhibit D to Declaration of Trakhtenbroit, #6 Exhibit Exhibit E to Declaration of Trakhtenbroit, #7 Exhibit Exhibit F to Declaration of Trakhtenbroit, #8 Exhibit Exhibit G to Declaration of Trakhtenbroit)(Lucey, Nathaniel) (Entered: 12/15/2021)

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  • 12/14/2021
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  • Docket(#13) EX PARTE APPLICATION for Temporary Restraining Order as to stay foreclosure sale filed by Plaintiff Modesta Marmolejo. (Attachments: #1 Declaration, #2 Declaration, #3 Proposed Order) (McFarlin, Timothy) (Entered: 12/14/2021)

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  • 12/09/2021
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  • Docket(#12) MINUTE ORDER IN CHAMBERS by Judge George H. Wu. The Court sets a Scheduling Conference for February 7, 2022 at 8:30 a.m. Counsel are reminded of their obligations to disclose information, confer on a discovery plan, and report to the Court, as required by F.R.C.P. 26 and the Local Rules of this Court. Trial counsel are ordered to be present. A Joint 26(f) Report shall be filed with the Court no later than January 31, 2022. See Local Rule 26-1. Defendant Real Time Resolutions, Inc.'s Motion to Dismiss Complaint Pursuant to FRCP Rule 12(b)(6) #9 , filed on December 8, 2021, and set for hearing on February 8, 2022, is advanced to February 7, 2022 at 8:30 a.m. (See minute order for detail) (mrgo) (Entered: 12/10/2021)

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  • 12/09/2021
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  • Docket(#11) STANDING ORDER RE FINAL PRE-TRIAL CONFERENCES FOR CIVIL JURY TRIALS BEFORE JUDGE GEORGE H. WU by Judge George H. Wu. (See attached document for details) (mrgo) (Entered: 12/09/2021)

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  • 12/08/2021
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  • Docket(#10) NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alka Sagar to Judge George H. Wu for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alicia G. Rosenberg. The case number will now reflect the initials of the transferee Judges 2:21-cv-09307 GW(AGRx). (rn) (Entered: 12/08/2021)

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  • 12/08/2021
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  • Docket(#9) NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Real Time Resolutions Inc. Motion set for hearing on 2/8/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Memorandum, #2 Memorandum Request for Judicial Notice, #3 Exhibit 1- To RJN, #4 Exhibit 2- to RJN, #5 Proposed Order) (Lucey, Nathaniel) (Entered: 12/08/2021)

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  • 12/06/2021
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  • Docket(#8) ELECTION REGARDING CONSENT to Proceed before a United States Magistrate Judge Declined, in accordance with Title 28 Section 636c filed by Defendant Real Time Resolutions Inc. The Defendant does not consent. (Lucey, Nathaniel) (Entered: 12/06/2021)

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  • 12/02/2021
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  • Docket(#7) MINUTE (In Chambers) ORDER by Magistrate Judge Alka Sagar. This action has been assigned to the calendar of Magistrate Judge Alka Sagar under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. (hr) (Entered: 12/02/2021)

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  • 12/01/2021
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  • Docket(#6) NOTICE of Interested Parties filed by Defendant Real Time Resolutions Inc, (Lucey, Nathaniel) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#5) NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#4) NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alka Sagar. (Attachments: #1 CV11-C Statement of Consent) (et) (Entered: 12/01/2021)

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  • 12/01/2021
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  • DocketCONFORMED E-FILED COPY OF COMPLAINT against Defendants Real Time Resolutions Inc, ZBS Law, LLP., Does 1-10 Inclusive, filed by Plaintiff Modesta Marmolejo. [FILED IN STATE COURT ON 11/9/2021 SUBMITTED ATTACHED TO EXHIBIT A DECLARATION of Nathaniel R. Lucy #2 . (et) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#3) CIVIL COVER SHEET filed by Defendant Real Time Resolutions Inc. (Lucey, Nathaniel) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#2) DECLARATION of Nathaniel R. Lucy re Notice of Removal (Attorney Civil Case Opening) #1 filed by Defendant Real Time Resolutions Inc. (Attachments: #1 Exhibit A- Complaint, #2 Exhibit B- Summons, #3 Exhibit C- Civil Case Cover Sheet, #4 Exhibit D- Notice of Assignment)(Lucey, Nathaniel) (Entered: 12/01/2021)

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  • 12/01/2021
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  • Docket(#1) NOTICE OF REMOVAL from Ventura, case number 56-2021-00559963 Receipt No: ACACDC-32405202 - Fee: $402, filed by Defendant Real Time Resolutions Inc. (Attorney Nathaniel R Lucey added to party Real Time Resolutions Inc(pty:dft))(Lucey, Nathaniel) (Entered: 12/01/2021)

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