Related Content
in Kings County
Case
U.S. Bank National Association, As Trustee For Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2006- 3 v. Sekou Reaves a/k/a Sekou Tour'E Reaves, Courtney Lewis, Ruben Beyer, New York City Environmental Control Board, Hon. Nancy T. Sunshine, New York State Department Of Taxation And Finance, New York City Transit Adjudication Bureau, John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon the premises being foreclosed herein
Jul 18, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
519441/2024
Case
Mortgage Assets Management, Llc v. 32 Pulaski Corp, Sanitation Enforcement Agency, Shayla Moore, New York State Department Of Taxation And Finance, United States Of America Internal Revenue Service, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau, Secretary Of Housing And Urban Development, John Doe And Jane Doe #1 Through #7, The Last Seven (7) Names Being Fictitious And Unknown To The Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Parties, If Any, having or claiming an interest in or lien upon the mortgaged premises described in the Complaint
Jul 18, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
519435/2024
Case
M&T Bank v. 1068 East 2nd Llc, Martin Silver, John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon the premises being foreclosed herein
Jul 15, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
518978/2024
Case
Wilmington Savings Fund Society, Fsb, Not In Its Individual Capacity But Solely As Owner Trustee For Verus Securitization Trust 2021-5 v. Albany Heights Llc, Jacob Klein, New York City Environmental Control Board, New York State Department Of Taxation And Finance, John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The premises, described in the complaint,
Jul 19, 2024 |
Real Property - Mortgage Foreclosure - Commercial |
Real Property - Mortgage Foreclosure - Commercial |
519620/2024
Case
Deutsche Bank National Trust Company, As Trustee For New Century Home Equity Loan Trust, Series 2005-C, Asset Backed Pass-Through Certificates v. Freddie G. Arnold a/k/a Freddie Arnold, Elizabeth Varela Arnold, New York State Department Of Taxation And Finance, City Of New York Environmental Control Board, City Of New York Parking Violations Bureau, City Of New York Transit Adjudication Bureau, John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint
Jul 16, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
519171/2024
Ruling
VENTAS REALTY, LIMITED PARTNERSHIP vs MOHAMMED, et al.
Jul 19, 2024 |
Civil Unlimited (Other Real Property (not emin...) |
23CV035374
23CV035374: VENTAS REALTY, LIMITED PARTNERSHIP vs MOHAMMED, et al.
07/19/2024 Hearing on Motion to be Admitted Pro Hac Vice in Department 25
Tentative Ruling - 07/17/2024 Jenna Whitman
The application of Jennifer Metzger Stinnett for admission pro hac vice is GRANTED.
The court sets a compliance date for payment of annual renewal fee. (Gov. Code 70617(e)(2).)
Compliance Hearing renewal PHV Stinnett is scheduled for 07/16/2025 at 03:00 PM in
Department 25 at Rene C. Davidson Courthouse.
Ruling
ARNOLD, KIMBLY vs STEARNS LENDING SERVICES LLC
Jul 16, 2024 |
CV-22-004332
CV-22-004332 – ARNOLD, KIMBLY vs STEARNS LENDING SERVICES LLC – Defendant Loancare LLC’s Motion to Dismiss for Failure to Amend - DENIED.
Following the filing of Plaintiffs’ First Amended Complaint, Defendant’s Motion is denied.
Ruling
Hannah Valdez vs. Guardian/KW Hilltop, LLC
Jul 10, 2024 |
C24-01217
C24-01217
CASE NAME: HANNAH VALDEZ VS. GUARDIAN/KW HILLTOP, LLC
*HEARING ON MOTION IN RE: TO QUASH SERVICE OF SUMMONS
FILED BY: GUARDIAN/KW HILLTOP, LLC
*TENTATIVE RULING:*
Before the Court is Defendant Guardian/KW Hilltop, LLC’s Motion to Quash Service of Summons.
For the following reasons, Defendant’s Motion to Quash Service of Summons is granted.
Factual and Procedural Background
Plaintiffs filed their Complaint on May 7, 2024. Defendant Guardian/KW Hilltop, LLC (“Defendant” or
“Guardian”) has a principal address in California of 151 El Camino, Beverly Hills, California. Their agent
for service of process is CT Corporation System, located at 330 N. Brand Blvd., Glendale, California.
On May 10, 2024, Plaintiff had a person attempt to serve the summons and complaint on Defendant.
Plaintiff did not serve the registered agent, but instead sent a person to 151 El Camino to serve the
papers upon Guardian. The Proof of Service of Summons indicates that the papers were left with a
person identified as “Jane Doe” who was described as: “Gender: F Age: 25 Height: 5’7” Weight: 180
Race: Middle Eastern Hair: black Other: Eyes: Brown) Receptionist.”
The accompanying Declaration of Reasonable Diligence includes the following description of how the
service occurred:
According to the front desk receptionist, there is nobody from KW Hilltop in to accept
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/10/2024
service, and she now not work for them, however there are many companies doing
business at this location. Sub Served to Receptionist.
The Proof of Service by Mail indicates that the Complaint, Summons, and related papers were then
mailed to Defendant at 151 S. El Camino Dr., suite 110 on May 10, 2024.
Defendant contends that the Court should quash the service of summons because Plaintiff failed to
serve the summons in accordance with statutory requirements.
Legal Standard
California Code Civ. Proc., § 418.10 provides in relevant part that “A defendant . . . may serve and file
a notice of motion . . . [t]o quash service of summons on the ground of lack of jurisdiction of the court
over him or her.” (Code Civ. Proc., § 418.10(a).) “When a defendant challenges the court’s personal
jurisdiction on the ground of improper service of process ‘the burden is on the plaintiff to prove the
existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Summers v.
McClanahan (2006) 140 Cal.App.4th 403, 143 quoting Dill v. Berquist Construction Co. (1994) 24
Cal.App.4th 1426, 1439-40.)
“The obligation to serve a party with process is not coextensive with merely providing the party with
notice of the proceeding. Even undisputed actual notice of a proceeding does not substitute for
proper service of the petition or complaint.” (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1206 italics
in original, citations omitted.)
Analysis
Both parties analyze the service of process issues by reference to California Code of Civil Procedure
section 416.10 and cases related thereto. That section, as the title makes clear, applies to “service on
a corporation.” Defendant is a limited liability company, however, not a corporation.
Like a corporation, a limited liability company is required to designate an agent for service of process
on the information form filed biennially with the Secretary of State. (Cal. Corp. Code § 17701.13
(a)(2).) “[P]rocess may be served upon limited liability companies and foreign limited liability
companies as provided in” section 17701.16 of the California Revised Uniform Limited Liability
Company Act. (Cal. Corp. Code § 17701.16 (a).)
Under section 17701.16, service on a limited liability company is effective by serving the person
designated as its agent for service of process. (Cal. Corp. Code § 17701.16 (b); Weil & Brown et al.,
Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2020) 4:171, p. 4-26.) Under certain
circumstances not applicable here, the Secretary of State can be served on behalf of a limited liability
company. (Ibid.)
Plaintiffs concede that they did not attempt to serve Defendant’s agent for service of process.
Instead, they attempted to perform service under California Code of Civil Procedure section 416.10 by
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 27
JUDICIAL OFFICER: TERRI MOCKLER
HEARING DATE: 07/10/2024
serving one of the persons listed as being able to accept service on behalf of a corporation. While that
section allows for the service of a summons on a corporation by serving either (a) the designated
agent for service of process, or (b) a limited set of corporate personnel, the California Revised
Uniform Limited Liability Company Act does not allow for service on personnel of the company. (See
Cal. Corp. Code § 17701.16.)
Based on the above, Defendant’s motion to quash is granted.
Ruling
HD SUPPLY CONSTRUCTION SUPPLY, LTD, A FLORIDA LIMITED PARTNERSHIP VS CRUZ CONCRETE AND STONE INC., A CALIFORNIA CORPORATION, ET AL.
Jul 17, 2024 |
21SMCV00002
Case Number:
21SMCV00002
Hearing Date:
July 17, 2024
Dept:
207 TENTATIVE RULING
DEPARTMENT
207
HEARING DATE
July 17, 2024
CASE NUMBER
21SMCV00002
MOTION
Motion to Strike Answer
MOVING
PARTY
Plaintiff HD Supply Construction Supply, Ltd.
OPPOSING PARTY
none
MOTION
Plaintiff HD Supply Construction Supply, Ltd. (Plaintiff) moves to strike the answer of Defendant Skylark Capital Management, LLC (Skylark).
The motion is unopposed.
ANALYSIS
On a motion to strike, the Court may: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court.
(Code Civ. Proc., § 436, subds. (a)-(b);
Stafford v. Shultz
(1954) 42 Cal.2d 767, 782.)
On March 19, 2021, while represented by counsel, Skylark filed its Answer to Plaintiffs Complaint.
Subsequently, on September 12, 2023, the Court granted Skylarks counsels motion to be relieved as counsel, indicating that counsel would remain counsel of record for Skylark until counsel filed a proof of service of the signed order on Skylark and all other parties who have appeared in the action.
Counsel filed the notice of ruling with proof of service on September 25, 2023.
Thus, Skylarks original counsel was relieved as of September 25, 2023.
Skylark does not appear to have ever retained new counsel and has not filed any documents or otherwise appeared in this matter since counsel was relieved.
A corporation has the capacity to bring a lawsuit because it has all the powers of a natural person in carrying out its business.
However, under a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before courts of record.
(
CLD Construction, Inc. v. City of San Ramon
(2004) 120 Cal.App.4th 1141, 1145 [cleaned up].)
As such, entities, like Skylark, must be represented by a licensed attorney.
(See, e.g.,
Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Board
(2002) 99 Cal.App.4th 1094, 1101.)
Thus, in light of the fact that Skylark appears unrepresented by a licensed attorney, Plaintiff moves to strike Skylarks answer as not drawn or filed in conformity with the laws of California, and pursue a default judgment against Skylark.
However, Skylark was represented by counsel at the time the Answer was filed.
Thus, the Answer was both drawn and filed in conformity with the laws of California, notwithstanding that Skylarks counsel was subsequently relieved.
As such, Plaintiff has not articulated a valid legal basis to strike Skylarks otherwise properly drawn and filed Answer.
CONCLUSION AND ORDER
Therefore, having found Skylarks Answer was drawn and filed in conformity with the laws of the State of California at the time it was filed, the Court denies Plaintiffs motion to strike.
Plaintiff shall provide notice of the Courts ruling and file the notice with a proof of service forthwith.
DATED:
July 17, 2024
___________________________
Michael E. Whitaker
Judge of the Superior Court
Ruling
Wilkinson vs. Wilkinson, et al.
Jul 17, 2024 |
23CV-0202523
WILKINSON VS. WILKINSON, ET AL.
Case Number: 23CV-0202523
This matter is on calendar for trial setting. The matter is at issue. The Court designates this matter as a Plan II
case and intends to set the matter for trial no later than December 16, 2024. The parties are ordered to meet and
confer prior to the hearing regarding proposed dates for a court trial. An appearance is necessary on today’s
calendar.
Ruling
202300574382PRCE
Jul 16, 2024 |
Roger L. Lund
|
Hearing on Petition For Authority to Move Conservatee; Pettion for Authority to sell Conservatee's Real Property etc. |
202300574382PRCE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
202300574382PRCE: In the Matter of Donald Emanuel Clemons
07/16/2024 in Department J6
Hearing on Petition For Authority to Move Conservatee; Pettion for Authority to sell
Conservatee's Real Property etc.
The Public Guardian, as conservator of the person and estate of Donald
Emanuel Clemons, is authorized to move the Conservatee to the least restrictive
appropriate placement to meet his care needs.
Petitioner requests authority to sell the conservatee’s residence stating it is to his
advantage, benefit and best interest. The Petition complies with Probate Code
§2541.
The Court notes that the Verification of the Petition at page 8 is not signed. Upon
proper verification of the petition and filing of a Final Inventory & Appraisal to
confirm the assets of the estate, the court intends to grant the Petition.
PG also requests authority to enter into an exclusive listing agreement. (Probate
Code § 2543(b); 10150(c).) PG states that it is necessary and to the advantage
of the estate that such contract be executed because it is the most efficient
method of marketing the property.
Petitioner has provided the information required by Probate Code §10150(c) and
CRC rule 7.453. The court intends to grant the request to enter into an exclusive
listing agreement.
Future dates to remain as previously ordered.
The clerk shall give notice.
__________________
The Court uses Zoom exclusively for remote appearances in Department J6. For information on
the Zoom procedures, and for general information regarding Judge Lund and his courtroom
rules and procedures, please visit: http://www.judgerogerlund.com.
Ruling
CALIFORNIA OPEN LANDS V. BUTTE COUNTY DEPARTMENT OF
Jul 17, 2024 |
20CV01220
20CV01220 CALIFORNIA OPEN LANDS V. BUTTE COUNTY DEPARTMENT OF
PUBLIC WORKS
EVENT: Plaintiff’s Motion for Appellate Attorneys’ Fees
Defendant’s Request for Judicial Notice is granted. The Court finds that the amounts of
time claimed are not facially excessive or unreasonable, except for the following: 2.1
hours [as set forth in the Opposition at Defendant’s Table 3] for administrative tasks, and
1.4 hours [as set forth in the Opposition at Defendant’s Table 1] for
timekeeping/inconsistent errors.
The Court therefore awards the following attorneys’ fees:
Mr. Packard: 24.9 hours x $825/hour = $20,542.50
Mr. Acree: 183.7 hours x $750/hour = $137,775.00
Mr. Carlon: 108.0 hours x $400/hour = $43,200.00
Total = $201,517.50
Counsel for the Plaintiff shall submit a form of order consistent with this ruling within two
weeks.
Document
Deutsche Bank National Trust Company, As Trustee For New Century Home Equity Loan Trust, Series 2005-C, Asset Backed Pass-Through Certificates v. Freddie G. Arnold a/k/a Freddie Arnold, Elizabeth Varela Arnold, New York State Department Of Taxation And Finance, City Of New York Environmental Control Board, City Of New York Parking Violations Bureau, City Of New York Transit Adjudication Bureau, John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint
Jul 16, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
519171/2024
Document
Finance Of America Reverse Llc v. Any And All Known Or Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, And All Other Parties Claiming An Interest By, Through, Under Or Against The Estate Of Cynthia Stroy, Deceased, United States Of America Acting On Behalf Of The Secretary Of Housing And Urban Development, Keith Stroy, As Heir, Devisee, Distributee Of The Estate Of Cynthia Stroy, Deceased, Ernest Stroy, As Heir, Devisee, Distributee Of The Estate Of Cynthia Stroy, Deceased, Edreasha Stroy, As Heir, Devisee, Distributee Of The Estate Of Kevin Emanuel Stroy, Deceased, Radeesha Stroy, As Heir, Devisee, Distributee Of The Estate Of Kevin Emanuel Stroy, Deceased, Sahdeera Stroy, As Heir, Devisee, Distributee Of The Estate Of Kevin Emanuel Stroy, Deceased, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises
Nov 09, 2021 |
Cenceria Edwards
|
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
528735/2021
Document
Finance Of America Reverse Llc v. Any And All Known Or Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, And All Other Parties Claiming An Interest By, Through, Under Or Against The Estate Of Cynthia Stroy, Deceased, United States Of America Acting On Behalf Of The Secretary Of Housing And Urban Development, Keith Stroy, As Heir, Devisee, Distributee Of The Estate Of Cynthia Stroy, Deceased, Ernest Stroy, As Heir, Devisee, Distributee Of The Estate Of Cynthia Stroy, Deceased, Edreasha Stroy, As Heir, Devisee, Distributee Of The Estate Of Kevin Emanuel Stroy, Deceased, Radeesha Stroy, As Heir, Devisee, Distributee Of The Estate Of Kevin Emanuel Stroy, Deceased, Sahdeera Stroy, As Heir, Devisee, Distributee Of The Estate Of Kevin Emanuel Stroy, Deceased, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises
Nov 09, 2021 |
Cenceria Edwards
|
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
528735/2021
Document
Hsbc Bank Usa, N.A., As Indenture Trustee For The Registered Holders Of The Renaissance Home Equity Loan Asset-Backed Certificates, Series 2005-1 v. Eddie Freeman A/K/A Eddie T. Freeman, New York City Environmental Control Board, Virginia Bond, New York State Department Of Taxation And Finance, John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Subject Property described in the Complaint
Jul 18, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
519440/2024
Document
Fareverse Llc I/L/T/N Finance Of America Reverse Llc v. Joseph Dweck AS CO-EXECUTOR AND AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JULIA DWECK, Leah Esses AS CO-EXECUTOR AND AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JULIA DWECK, Karen Kessel AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JULIA DWECK, Cindy Zalta AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JULIA DWECK, Marlene Cohen AS HEIR AND DISTRIBUTEE OF THE ESTATE OF JULIA DWECK, Secretary Of Housing And Urban Development, New York City Parking Violations Bureau, New York City Environmental Control Board, New York City Transit Adjudication Bureau, New York State Department Of Taxation And Finance, United States Of America, John Doe 1-JOHN DOE 12 THE LAST TWELVE NAMES BEING FICTITIOUS AND UNKNOWN TO PLAINTIFF,THE PERSONS OR PARTIES INTENDED BEING THE TENANTS,OCCUPANTS,PERSONS OR CORPORATIONS,IF ANY,HAVING OR CLAIMING AN INTEREST IN OR LIEN UPON THE PREMISES,DESCRIBED IN THE COMPLAINT
Jul 17, 2024 |
Real Property - Mortgage Foreclosure - Residential |
Real Property - Mortgage Foreclosure - Residential |
519316/2024
