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Las Vegas Development Group LLC, Plaintiff(s) vs. RBT Home Maintenance LLC, Defendant(s)
An Other Title To Property case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Clark County, NV. Judge Williams, Timothy C. presiding.
Case Details
Case Number
Filing Date
March 18, 2015
Last Refreshed
November 21, 2020
Filing Location
Clark County, NV
OTHER JUDGES ON THIS CASE
Richard F Scotti;Category
Other Title to Property
Case Outcome Type
Order of Dismissal With Prejudice
Status
Dismissal
OTHER JUDGES ON THIS CASE
Parties
Plaintiffs
Las Vegas Development Group Llc
Attorneys for Plaintiffs
Roger P Croteau, Esq
Defendants
Bank Of America Na
Dorta, Jorge L
Rbt Home Maintenance Llc
Recontrust Company Na
Soler, Yuliet
Attorneys for Defendants
Darren T. Brenner
Jared B. Jennings
Other Parties
Absolute Collection Services
(Cross Defendant)
Bank Of America Na
(Counter Claimant)
Bank Of America Na
(Cross Claimant)
Darren T. Brenner
(Attorney)
Hacienda North Homeowners Association
(Cross Defendant)
Las Vegas Development Group Llc
(Counter Defendant)
Recontrust Company Na
(Cross Claimant)
Roger P Croteau, Esq
(Attorney)
Shane Cox
(Attorney)
Troy L. Isaacson
(Attorney)
Case Events
| Date | Type | Description | |
|---|---|---|---|
| January 29, 2019 | Docket Event |
Reporters Transcript Court Reporters transcript of Proceedings (Civil) 4-3-18 |
|
| January 24, 2019 | Docket Event | Request for Transcript of Proceedings to Peggy Isom, Court Reporter, Department XVI | |
| January 14, 2019 | Docket Event |
Notice of Posting Bond Hacienda North Homeowners Association's Notice of Posting Bond |
|
| January 08, 2019 | Docket Event |
Case Appeal Statement Hacienda North Homeowners Association's Statement of Cross-Appeal |
|
| January 08, 2019 | Docket Event |
Notice of Appeal Hacienda North Homeowners Association's Notice of Cross-Appeal |
|
| January 04, 2019 | Docket Event |
Notice of Posting Bond Notice of Posting of Bond on Appeal |
|
| December 31, 2018 | Docket Event |
Notice of Appeal Bank of America and Recontrust Company's Notice of Appeal |
|
| December 31, 2018 | Docket Event |
Case Appeal Statement Bank of America and Recontrust Company's Case Appeal Statement |
|
| November 27, 2018 | Docket Event |
Notice of Entry of Stipulation & Order for Dismissal Notice of Entry of Stipulation and Order and Dismissal |
|
| November 26, 2018 | Docket Event | Stipulation and Order for Dismissal | |
| June 19, 2018 | Docket Event |
Writ Electronically Issued Writ of Execution |
|
| May 16, 2018 | Docket Event | Judgment in for the Hacienda North Homeowners' Association and Against Bank of America, N.A. and Recontrust Company, N.A. | |
| May 16, 2018 | Docket Event | Notice of Entry of Judgment | |
| May 07, 2018 | Docket Event | Notice of Entry of Order | |
| May 07, 2018 | Docket Event |
Order Granting Motion Order Granting the Motion of the Hacienda North Homeowners' Association for an Award of Attorney's Fees, Costs and Interest |
|
| April 23, 2018 | Docket Event |
Bench Trial Vacated Judge: Williams, Timothy C. |
|
| April 10, 2018 | Docket Event |
Order to Statistically Close Case Civil Order to Statistically Close Case |
|
| April 05, 2018 | Docket Event |
Pretrial/Calendar Call Mr. Brenner noted the Order regarding the fee issue was not yet filed. Court stated as soon as it received the order, this case would be closed. COURT ORDERED, trial date VACATED. Judge: Williams, Timothy C. |
|
| April 03, 2018 | Docket Event |
All Pending Motions MOTION OF THE HACIENDA NORTH HOMEOWNERS' ASSOCIATION FOR AN AWARD OF ATTORNEY'S FEES, COSTS AND INTEREST MOTION TO STRIKE BANK OF AMERICA, N.A. AND RECONSTRUCT'S OPPOSITION TO THE HACIENDA NORTH HOMEOWNERS' ASSOCIATION'S MOTION FOR AN AWARD OF ATTORNEY'S FEES AND COSTS, OR, IN THE ALTERNATIVE, REPLY THERETO Natalie Winslow, Esq. present on behalf of Defendant Bank of America and Recontrust Company NA. Mr. Isaacson reviewed applicable statutory law and points in support of request for attorney fees and costs. Ms. Winslow stated the attorney handling this case just returned from medical leave and overlooked the NRS 18.010 argument; argued fees would not be proper because there was no contract between the parties, each side should be responsible for their own attorney's fees, and this case was brought in good faith. Court noted it did not recall any acts of wrongful foreclosure or unjust enrichment. Ms. Winslow stated there was sufficient basis to file the Complaint by Bank of America. Court inquired regarding timing of filing the Offer of Judgment and Motion for Summary Judgment. Ms. Winslow stated the amount of attorney's fees was not addressed in the Opposition. COURT ORDERED, Motion GRANTED; costs awarded pursuant to the statute; attorney fees awarded pursuant to NRS 18.010 and Chapter 116 to the prevailing party. Court found the rejection of the offer of judgment was not unreasonable or in bad faith. COURT FURTHER ORDERED, Motion to Strike DENIED. Mr. Isaacson to prepare order and show counsel. Judge: Williams, Timothy C. |
|
| April 03, 2018 | Docket Event |
Motion to Strike Bank of America, N.A. and Reconstruct's Opposition to the Hacienda North Homeowners' Association's Motion for an Award of Attorney's Fees and Costs, or, in the Alternative, Reply Thereto
Judge: Williams, Timothy C. |
|
| April 03, 2018 | Docket Event |
Motion for Attorney Fees and Costs Motion of the Hacienda North Homeowners' Association for an Award of Attorney's Fees, Costs and Interest Judge: Williams, Timothy C. |
|
| April 02, 2018 | Docket Event | Receipt of Copy of Order Shortening Time on Motion to Strike Bank of America, N.A.'s and Reconstruct's Opposition to the Hacienda North Homeowners' Association's Motion for an Award of Attorney's Fees and Costs, or in the Alternative, Reply Thereto | |
| April 02, 2018 | Docket Event |
Opposition to Motion Defendants' Opposition to Plaintiff's Motion to Strike |
|
| March 29, 2018 | Docket Event | Order Shortening Time | |
| March 27, 2018 | Docket Event | Motion to Strike Bank of America, N.A. and Reconstruct's Opposition to the Hacienda North Homeowners' Association's Motion for an Award of Attorney's Fees and Costs, or, in the Alternative, Reply Thereto | |
| March 21, 2018 | Docket Event |
Opposition to Motion Bank of America, N.A. and Recontrust's Opposition to the Hacienda North Homeowners Association's Motion for Attorneys Fees and Costs |
|
| March 07, 2018 | Docket Event | Notice of Entry of Order Granting Bank of America, N.A. and Recontrust's Motion for Summary Judgment | |
| March 05, 2018 | Docket Event |
Order Granting Motion Order Granting Bank of America, N.A. and ReconTrust's Motion for Summary Judgment |
|
| February 28, 2018 | Docket Event |
Motion for Attorney Fees and Costs Motion of the Hacienda North Homeowners' Association for an Award of Attorney's Fees, Costs and Interest |
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| February 28, 2018 | Docket Event | Memorandum of Costs and Disbursements | |
| February 26, 2018 | Docket Event |
Findings of Fact, Conclusions of Law and Judgment Findings of Fact and Conclusions of Law and Order Granting the Motion for Summary Judgment by the Hacienda North Homeowners' Association |
|
| February 26, 2018 | Docket Event | Notice of Entry of Order | |
| February 06, 2018 | Docket Event |
Motion for Summary Judgment Defendants Bank of America and Recontrust Company NA's Motion for Summary Judgment on All Plaintiff's Claims Judge: Williams, Timothy C. |
|
| February 06, 2018 | Docket Event |
All Pending Motions HACIENDA NORTH HOMEOWNERS' ASSOCIATION'S MOTION FOR SUMMARY JUDGMENT DEFENDANTS BANK OF AMERICA AND RECONTRUST COMPANY NA'S MOTION FOR SUMMARY JUDGMENT ON ALL PLAINTIFF'S CLAIMS Arguments by counsel regarding tender, Section 107, and the HOA foreclosure sale. Court advised if this is a rejected tender case, that has a significant impact on the HOA sale. COURT ORDERED, Defendants Bank of America and Recontrust Company NA's Motion for Summary Judgment GRANTED, stated there was a valid tender, and Bank of America had a right to foreclose; COURT FURTHER ORDERED, Hacienda North Homeowners' Association's Motion for Summary Judgment GRANTED, Judge: Williams, Timothy C. |
|
| February 01, 2018 | Docket Event |
Motion for Summary Judgment Mr. Jennings discussed statute of limitations issues and stated summary judgment should be granted. Court reviewed applicable case law. Mr. Lachman requested that this court reserve its ruling until Bank of America's Motions for Summary Judgment is heard, argued regarding tender; submitted on briefs. Court discussed the date of the breach, commercial unreasonableness and bonafide purchaser. Court stated it would review the briefs and ORDERED, matter CONTINUED. CONTINUED TO: 2/6/18 9:00 AM Judge: Williams, Timothy C. |
|
| January 30, 2018 | Docket Event |
Reply in Support Defendants Bank of America and Reconstruct Company's Reply in Support of Their Motion for Summary Judgment on All Plaintiff's Claims |
|
| January 24, 2018 | Docket Event | Reply in Support of Hacienda North Homeowners' Association's Motion for Summary Judgment | |
| January 19, 2018 | Docket Event | Opposition to Motion for Summary Judgment | |
| January 19, 2018 | Docket Event |
Joinder Defendant RBT Home Maintenance, LLC's Joinder to Defendant Bank of America's Opposition to the HOA's Motion for Summary Judgment |
|
| January 02, 2018 | Docket Event |
Opposition to Motion For Summary Judgment Hacienda North Homeowners' Association's Opposition to Defendants bank of America and Reconstruct Company, NA's Motion for Summary Judgment on all Plaintiff's Claims |
|
| January 02, 2018 | Docket Event |
Opposition to Motion For Summary Judgment -Defendant Bank Of America s Opposition To The HOA s Motion For Summary Judgment |
|
| December 14, 2017 | Docket Event |
Motion for Summary Judgment Hacienda North Homeowners' Association's Motion for Summary Judgment |
|
| December 14, 2017 | Docket Event |
Motion for Summary Judgment Defendants Bank of America and ReconTrust Company, N.A.'s Motion for Summary Judgment on Plaintiff's Claims |
|
| December 04, 2017 | Docket Event | Notice of Entry of Order | |
| December 04, 2017 | Docket Event | Notice Of Change Of Address | |
| December 04, 2017 | Docket Event | Stipulation and Order to Extend Discovery Deadlines (Fourth Request) | |
| November 13, 2017 | Docket Event |
Bench Trial Vacated - per Stipulation and Order Judge: Williams, Timothy C. |
|
| November 08, 2017 | Docket Event | Notice of Completion of NRED Mediation | |
| October 26, 2017 | Docket Event |
Pretrial/Calendar Call Vacated - per Stipulation and Order Judge: Williams, Timothy C. |
|
| August 21, 2017 | Docket Event |
Amended Order Setting Civil Non-Jury Trial 3rd Amended Order Setting Civil Non-Jury Trial, Pre-Trial/Calendar Call |
|
| August 18, 2017 | Docket Event | Notice of Entry of Order | |
| August 17, 2017 | Docket Event | Stipulation and Order to Extend Discovery Deadlines (Third Request) | |
| August 10, 2017 | Docket Event | Notice Of Entry Of Protective Order | |
| August 09, 2017 | Docket Event | Stipulated Protective Order | |
| August 08, 2017 | Docket Event | Subpoena Duces Tecum | |
| May 30, 2017 | Docket Event |
Bench Trial Vacated - per Stipulation and Order Judge: Williams, Timothy C. |
|
| May 25, 2017 | Docket Event |
Status Check Vacated Judge: Williams, Timothy C. |
|
| May 16, 2017 | Docket Event |
Designation of Expert Witness Cross-Defendant, Hacienda North Homeowners' Association's Designation of Expert Witness |
|
| May 11, 2017 | Docket Event |
Pretrial/Calendar Call Vacated - per Stipulation and Order Judge: Williams, Timothy C. |
|
| April 24, 2017 | Docket Event | Stipulation and Order to Extend Discovery Deadlines (Second Request) | |
| April 19, 2017 | Docket Event | Amended Order Setting Civil Non-Jury Trial, Pre-Trial/Calendar Call | |
| March 10, 2017 | Docket Event | Notice of Hearing | |
| March 06, 2017 | Docket Event |
Bench Trial Vacated - per Stipulation and Order Judge: Williams, Timothy C. |
|
| February 22, 2017 | Docket Event | Notice Of Entry Of Stipulation And Order To Vacate Supplemental Briefing | |
| February 21, 2017 | Docket Event | Stipulation and Order to Vacate Supplemental Briefing | |
| February 20, 2017 | Docket Event |
Answer to Crossclaim Cross-Defendant, Absolute Collection Services, LLC's Answer to Crossclaim |
|
| February 20, 2017 | Docket Event |
Initial Appearance Fee Disclosure Cross-Defendant, Absolute Collection Services, LLC's Initial Appearance Fee Disclosure |
|
| February 16, 2017 | Docket Event |
Pretrial/Calendar Call Vacated - per Stipulation and Order Judge: Williams, Timothy C. |
|
| January 26, 2017 | Docket Event |
All Pending Motions DEFENDANTS BANK OF AMERICA AND RECONTRUST COMPANY'S MOTION FOR SUMMARY JUDGMENT ON ALL PLAINTIFF'S CLAIMS .. JOINDER OF DEFENDANT RBT HOME MAINTENANCE, LLC, TO DEFENDANTS BANK OF AMERICA AND RECONTRUST COMPANY MOTION FOR SUMMARY JUDGMENT ON ALL PLAINTIFF'S CLAIMS Mr. Croteau argued the Saticoy Bay (SB) decision dismissed this entire case, the basis for the motion was out, and that the only thing left was the tender issue. Mr. Jennings requested a continuance to have an opportunity to review the SB decision. Court stated agreement as everyone should have a full and fair opportunity to review the decision AND THEREFORE ORDERED, Briefing Schedule Set, Bank of America's supplement due 02/10/17, Opposition due 02/27/17, Reply due 03/06/17, Motion for Summary Judgment CONTINUED; Joinder CONTINUED. CONTINUED TO: 03/16/17 9:00 AM Judge: Williams, Timothy C. |
|
| January 26, 2017 | Docket Event |
Motion for Summary Judgment Defendants Bank of America and ReconTrust Company's Motion for Summary Judgment on all Plaintiff's Claims Judge: Williams, Timothy C. |
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| January 26, 2017 | Docket Event |
Joinder Of Defendant RBT Home Maintenance, LLC, To Defendants Bank Of America And Recontrust Company Motion For Summary Judgment On All Plaintiff's Claims
Judge: Williams, Timothy C. |
|
| January 25, 2017 | Docket Event |
Joinder to Motion For Summary Judgment Joinder of Defendant RBT Home Maintenance, LLC. To Defendant Bank of America and Recontrust Company's Motion for Summary Judgment |
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| January 19, 2017 | Docket Event |
Demand for Prior Discovery Cross-Defendant Hacienda North Homeowners' Association's Demand for Prior Discovery |
|
| January 19, 2017 | Docket Event |
Reply in Support Defendant Bank of America and ReconTrust Company's Reply in Support of Its Motion for Summary Judgment |
|
| January 13, 2017 | Docket Event | Joinder by Hacienda North Homeowners Association and Supplement to Las Vegas Development Group, LLC's Opposition to Motion for Summary Judgment | |
| January 09, 2017 | Docket Event | Initial Appearance Fee Disclosure (NRS Chapter 19) | |
| January 09, 2017 | Docket Event |
Answer to Crossclaim Cross-Defendant Hacienda North Homeowners Association's Answer to Bank of America, N.A.'s Cross-Claims and Counterclaims |
|
| January 06, 2017 | Docket Event | Opposition to Motion for Summary Judgment | |
| December 29, 2016 | Docket Event | Affidavit Of Service | |
| December 23, 2016 | Docket Event | Affidavit of Service | |
| December 23, 2016 | Docket Event |
Joinder to Motion For Summary Judgment Joinder Of Defendant RBT Home Maintenance, LLC, To Defendants Bank Of America And Recontrust Company Motion For Summary Judgment On All Plaintiff's Claims |
|
| December 22, 2016 | Docket Event | Affidavit of Service | |
| December 16, 2016 | Docket Event |
Motion for Summary Judgment Defendants Bank of America and ReconTrust Company's Motion for Summary Judgment on all Plaintiff's Claims |
|
| December 12, 2016 | Docket Event | Amended Order setting Civil Non-Jury Trial, Pre-Trial/Calendar Call | |
| December 09, 2016 | Docket Event | Notice of Entry of Stipulation and Order to Extend discovery Deadlines (First Request) | |
| December 09, 2016 | Docket Event |
Amended Answer Defendant Bank of America and ReconTrust Company's Amended Answer to Plaintiff's Complaint Adding Cross-Claims and Counterclaims |
|
| December 08, 2016 | Docket Event |
Order Stipulation and Order To Extend Discovery Deadlines (First Request) |
|
| December 06, 2016 | Docket Event | Notice of Entry of Order Granting Defendant Bank of America's Motion to Add Parties and Amend Pleadings | |
| December 05, 2016 | Docket Event |
Order Granting Motion Order Granting Defendant Bank of America's Motion to Add Parties and Amend Pleadings |
|
| September 27, 2016 | Docket Event |
Motion for Leave Defendant Bank of America and ReconTrust Company's Motion for Leave to Amend Answer to Assert Affirmative Defenses, CounterClaims, and to Join Parties and Add Claims Mr. Habdas argued the Pltf.'s opposition was barred pursuant to the statute of limitations, that his client had offered a tender at the time of the sale, and that he believed their Deed of Trust would stand pursuant to the Bourne Valley case. Mr. Croteau argued that it had been five years since the sale and Bank of America had not contested it, that the bank was trying to assert Quiet Title against his client and pursuant to NRS 11.070 and NRS 11.080 they must show the request was not barred by the statute of limitations, and that the bank was asserting new claims against other parties; however that does not waive the statute of limitations. Mr. Croteau further argued if the Homeowners Association sale was not alleged as improper then any claims against Pltf. were improper and the bank had no means to contest. Mr. Habdas argued the motion was timely and if any other parties later argued it were untimely they could. COURT ORDERED, Motion GRANTED. Judge: Williams, Timothy C. |
|
| September 20, 2016 | Docket Event |
Reply in Support Defendant Bank of America's Reply in Support of Its Motion to Add Parties and Amend Pleadings |
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| September 16, 2016 | Docket Event |
Answer to Crossclaim Defendant Bank of America's Answer and Affirmative Defenses to RBT Home Maintenance's Cross-Claim |
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| August 31, 2016 | Docket Event | Opposition to Motion for Leave to Amend Answer | |
| August 25, 2016 | Docket Event | Notice Of Entry Of Stipulation And Order For Defendant RBT Home Maintenance To File A Cross-Claim Against Defendant Bank Of America N.A. Pursuant To EDCR 7.20 (c)(5). | |
| August 25, 2016 | Docket Event |
Crossclaim Defendant RBT Home Maintenance Cross-Claim Against Defendant Bank Of America N.A. |
|
| August 24, 2016 | Docket Event | Stipulation And Order For Defendant, RBT Home Maintenance, To File A Cross-Claim Against Defendant, Bank Of America N.A. Pursuant To EDCR 7.20 (C)(5). | |
| August 23, 2016 | Docket Event |
Motion for Leave to File Defendant Bank of America and ReconTrust Company's Motion for Leave to Amend Answer to Assert Affirmative Defenses, CounterClaims, and to Join Parties and Add Claims |
|
| March 23, 2016 | Docket Event | Order Setting Civil Non-Jury Trial, Pre-Trial/Calendar Call | |
| March 16, 2016 | Docket Event | Scheduling Order | |
| March 16, 2016 | Docket Event | Notice Of Change Of Firm Name | |
| February 02, 2016 | Docket Event |
Discovery Conference Counsel anticipate 3 - 5 days for trial re: Quiet Title. No settlement conference requested. COMMISSIONER RECOMMENDED, discovery cutoff is 11/16/16; adding parties, amended pleadings, and initial expert disclosures DUE 08/18/16; rebuttal expert disclosures DUE 09/16/16; dispositive motions TO BE FILED BY 12/16/16. Scheduling Order will issue. Judge: Bulla, Bonnie |
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| January 12, 2016 | Docket Event | Notice to Appear for Discovery Conference | |
| November 23, 2015 | Docket Event | Joint Case Conference Report | |
| October 28, 2015 | Docket Event |
Answer Defendant RBT Home Maintenance LLC's Answer |
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| September 29, 2015 | Docket Event | Notice of Early Case Conference | |
| August 20, 2015 | Docket Event | Notice of Entry of Order | |
| August 18, 2015 | Docket Event | Order Denying Motion to Dismiss or, in the Alternative, Motion for Summary Judgment | |
| August 11, 2015 | Docket Event |
Motion to Dismiss Defendant RBT Home Maintenance, LLC's Motion to Dismiss and in the Alternative Motion for Summary Judgment Also present was Sonia Silva from RBT Home Maintenance LLC. Mr. Jennings argued the property was purchased by his client on August 4, 2011 while the Pltf.'s sat on their rights for four and a half years. My client's paid the taxes, HOA fees, and repaired the property; and now the Pltf.'s want to swoop in on a technicality to get the property. Mr. Croteau argued the Deft.'s purchased the property at a foreclosure sale and they knew what kind of title they had, they purchased it at a fraction of its cost, and they were looking to keep their windfall. Further arguments by counsel regarding Quiet Title and Laches. COURT ORDERED, Motion DENIED Judge: Williams, Timothy C. |
|
| August 06, 2015 | Docket Event |
Reply to Opposition Defendant RBT Home Maintenance, LLC's Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss and in the Alternative for Summary Judgment |
|
| July 29, 2015 | Docket Event | Default Yuliet Soler | |
| July 28, 2015 | Docket Event |
Answer Bank Of America, N.A. and Recontrust Company's Answer To Plaintiff's Complaint |
|
| July 27, 2015 | Docket Event |
Opposition to Motion to Dismiss Opposition to Defendant RBT Home Maintenance, LLC's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment |
|
| July 07, 2015 | Docket Event | Default | |
| July 02, 2015 | Docket Event |
Initial Appearance Fee Disclosure Defendant RBT Homes Maintenance LLC's Initial Appearance Fee Disclosure |
|
| July 01, 2015 | Docket Event |
Motion To Dismiss - Alternative Motion For Summary Judgment Defendant RBT Home Maintenance, LLC's Motion to Dismiss and in the Alternative Motion for Summary Judgment |
|
| May 22, 2015 | Docket Event | Affidavit of Service | |
| May 15, 2015 | Docket Event | Notice of Department Reassignment | |
| May 15, 2015 | Docket Event |
Peremptory Challenge Defendants Bank of America N.A. and Recontrust Company, N.A.'s Peremptory Challenge of Judge |
|
| May 14, 2015 | Docket Event | Initial Appearance Fee Disclosure on behalf of Bank of America, N.A. and ReconTrust Company, N.A. | |
| May 14, 2015 | Docket Event | Notice of Appearance of Counsel on behalf of Bank of America, N.A. and ReconTrust Company, N.A. | |
| May 04, 2015 | Docket Event |
Case Reassigned to Department 15 Case reassigned from Judge Richard F Scotti Dept 2 
|
|
| April 16, 2015 | Docket Event | Affidavit of Service | |
| April 13, 2015 | Docket Event | Affidavit of Service | |
| April 13, 2015 | Docket Event | Affidavit of Laura Mitz | |
| April 08, 2015 | Docket Event | Affidavit of Attempted Service | |
| April 07, 2015 | Docket Event | Affidavit of Service Bank of america, N.A. | |
| April 01, 2015 | Docket Event | Proof of Service | |
| March 19, 2015 | Docket Event | Lis Pendens | |
| March 18, 2015 | Docket Event | Complaint | |
| March 18, 2015 | Docket Event | Case Opened |
