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  • SUNRISE PROJECTS, LLC, A WYOMING LIMITED LIABILITY COMPANY VS ALLSTAR FINANCIAL SERVICES, INC., A CALIFORNIA CORPORATION, ET AL. Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction) document preview
  • SUNRISE PROJECTS, LLC, A WYOMING LIMITED LIABILITY COMPANY VS ALLSTAR FINANCIAL SERVICES, INC., A CALIFORNIA CORPORATION, ET AL. Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction) document preview
						
                                

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division West District, Beverly Hills Courthouse, Department 207 21SMCV00756 January 24, 2023 SUNRISE PROJECTS, LLC, A WYOMING LIMITED 9:00 AM LIABILITY COMPANY vs ALLSTAR FINANCIAL SERVICES, INC., A CALIFORNIA CORPORATION, et al. Judge: Honorable Helen Zukin CSR: None Judicial Assistant: J. Young ERM: None Courtroom Assistant: P. Booker Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Timothy Allen Reed via LACC; Michael John Steponovich, Jr via LACC For Defendant(s): Adeline Tungate present in court Other Appearance Notes: Timothy M. Ryan on behalf of Cross-Complainant Thomas M. Shibel via LACC NATURE OF PROCEEDINGS: Hearing on Motion for Summary Judgment filed by Allstar Financial Services, Inc. The Court's tentative ruling is published to all parties via posting on the court's website and counsel for Defendant Allstar Financial Services, Inc. is provided a copy this date in open court. ****************************TENTATIVE RULING****************************** Background This case arises from the sale of real property located at 2478 Glyndon Avenue, Los Angeles, CA 90291. Defendant Allstar Financial Services, Inc., the lender on a loan secured by the property, sought to sell the property at a non-judicial foreclosure sale. Plaintiff Alvin Cox (“Plaintiff”) claims he was the highest bidder for the property under the provisions of a recently- enacted statutory scheme which changes the procedures for certain non-judicial foreclosure sales as codified by the Legislature at Civil Code § 2924m. The property and Defendant Allstar’s attempted sale have given rise to multiple lawsuits which have been consolidated in whole or in part with the initial suit brought by Sunrise Projects, LLC (“Sunrise”), Case Number 21SMCV00756. Plaintiff Cox’s operative pleading is the First Amended Complaint filed July 14, 2021, in Case Number 21SMCV01011 asserting causes of action against Defendant Allstar for violation of Civil Code § 2924m, declaratory relief, unfair competition, and injunctive relief. Defendant Allstar now moves for summary judgment, or, alternatively, summary adjudication as to every cause of action asserted by Plaintiff Cox. Defendant’s motion is opposed by Plaintiff Cox and is Minute Order Page 1 of 8