Preview
2024-0004694 Page 2 of 5
RYAN M. DAVIES (State Bar No. 192598)
RICHARD B. CANADA (State Bar No. 322036)
LS Carlson Law
A Professional Law Corporation
85 Enterprise, Suite 310
Aliso Viejo, CA 92656
Telephone: (949) 421-3030
Telecopier: (949) 421-3031
rdavies@lIscarlsonlaw.com
rcanada@lscarlsonlaw.com
paralegals@Jscarlsonlaw.com
Attorneys for Plaintiff ANGELO CALOIARO
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SANTA CRUZ
11
ANGELO CALOIARO, an individual Case No.: 24CV00643
12
Plaintiff, NOTICE OF PENDENCY OF ACTION (LIS
13 PENDENS)
vs.
14
APN: 035-191-01
15 SANTA CRUZ BEACH, LLC, a California
Limited Liability Company; ROGER R. Hon. Timothy Volkmann
16 SPOTSWOOD, TRUSTEE of THE EDNA Dept. 5
CATHERINE MESSINI REVOCABLE LIVING
17 TRUST dated August 25, 1989; THE EDNA Complaint Filed: March 4, 2024
CATHERINE MESSINI REVOCABLE LIVING Trial Date: TBD
18
TRUST dated August 25, 1989; ROCKET
19 MORTGAGE, LLC, a Michigan limited liability
company; MORTGAGE ELECTRONIC
20 REGISTRATION SYSTEMS, INC., a Michigan
corporation; ALL PERSONS UNKNOWN,
21 CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN, OR INTEREST
22
IN THE PROPERTY DESCRIBED IN THE
23 COMPLAINT ADVERSE TO PLAINTIFF’S
TITLE, OR ANY CLOUD UPON PLAINTIFF’S
24 TITLE THERETO; and DOES 1-50, inclusive,
25 Defendants.
26
27 Mt
28 Mt
1
NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
2024-0004594 Page 3 of 5
NOTICE IS HEREBY GIVEN that the above-entitled action concerning and affecting real
property as described herein was commenced on March 4, 2024, by the Plaintiff ANGELO CALOIARO,
an individual, against’ Defendants SANTA CRUZ BEACH, LLC, a California Limited Liability
Company; ROGER R. SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI
REVOCABLE LIVING TRUST dated August 25, 1989; THE EDNA CATHERINE MESSINI
REVOCABLE LIVING TRUST dated August 25, 1989; ROCKET MORTGAGE, LLC, a Michigan
limited liability company, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a
Michigan corporation; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE
10 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE
11 THERETO; and DOES 1-50, inclusive, and is now pending in Department 5 of this Court, located at
12 701 Ocean Street, Santa Cruz, California 95060. The claims raised in the above action are for quiet title
13 and reformation of instrument.
14 This action affects title to or right to possess real property commonly known as 1532 Wharf
15 Road, Capitola, California, 95010, or alternatively, 1500 Wharf Road #32, Capitola, California, 95010.
16 The Assessor’s Parcel Number for the subject property is 035-191-01, and it is legally described as
17 follows:
18 Lots 42, 43, 44, and 51 of Venetian Court, as numbered and designated upon the map
entitled “Map of Venetian Court, Capitola, Santa Cruz, Co., being part of the Rancho
19 Arroyo Del Rodeo, Lloyd Bowman, County Surveyor, March, 1924” filed March 21st,
1924, in Volume 18 of Maps, Page 44, Santa Cruz County Records.
20
21 The parties to the action are as follows:
22 Plaintiff: ANGELO CALOIARO, an individual.
23 Defendants: SANTA CRUZ BEACH, LLC, a California Limited Liability Company; ROGER
24 R. SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI REVOCABLE LIVING TRUST
25 dated August 25, 1989; THE EDNA CATHERINE MESSINI REVOCABLE LIVING TRUST dated
26 August 25, 1989; ROCKET MORTGAGE, LLC, a Michigan limited liability company, MORTGAGE
27 ELECTRONIC REGISTRATION SYSTEMS, INC., a Michigan corporation, ALL PERSONS
28 UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR
2
NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
2024-0004594 Page 4 of 5
1 INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S
2 || TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE THERETO; and DOES 1-50, inclusive.
Dated: March 12, 2024 LS CARLSON LAW, PC
mo Lo
RYAN M. DAVIES
RICHARD B. CANADA
Attorneys for Plaintiffs DOMINIK CALOIARO and
LIANA COPPOLA CALOIARO
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NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
2024-0004594 Page 5 of 5
PROOF OF SERVICE
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE )
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action. My business address is 85 Enterprise, Suite 310, Aliso
Viejo, CA 92656.
On March 12, 2024, I served the following document(s) described as follows:
NOTICE OF PENDENCY OF ACTION (LIS PENDENS)
On the following interested parties in this action:
10 Santa Cruz Beach, LLC Rocket Mortgage, LLC
c/o Matthew J. Aulenta c/o CT Corporation System
11 240 Westgate Drive 330 North Brand Blvd., Suite 700
Watsonville, CA 95076 Glendale, CA 91203
12
Mortgage Electronic Registration Roger R. Spotswood, Trustee
13
System, Inc. 2655 Brommer St., Space 6
14 c/o CT Corporation System Santa Cruz, CA 95062
330 North Brand Blvd., Suite 700
15 Glendale, CA 91203
16 VIA CERTIFIED MAIL -- CCP §1013(a). I caused a true copy of said document(s) to
be placed in a sealed envelope, addressed as above and placed for collection and
17
processing under the firm’s ordinary course of business. I am readily familiar with LS
Carlson Law, PC’s practice of collecting, processing and depositing correspondence for
18
mailing. Under this practice, envelopes would be deposited with the United States Postal
19 Service at Aliso Viejo, California the same day with postage thereon fully prepaid.
20 I declare under penalty of perjury, under the laws of the State of California that the
foregoing is true and correct.
Executed on March 12, 2024, at Aliso Viejo, California.
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23
EPR
Ditine D. Actin)
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Proof Of Service
2024-0004594 Page 1 of 5
2024-0004594 3/12/2024 2:48 PM
OFFICIAL RECORDS OF Santa Cruz County
RECORDING REQUESTED BY
Sheri Thomas, Recorder
R oS
LS CARLSON LAW PC gL ae
RECORDING FEE: $101.00
AND WHEN RECORDED MAIL DOCUMENT TO: COUNTY TAX: $0.00
CITY TAX: $0.00
nae LS CARLSON LAW PC
3513 ER FIRST LEGAL NETWC NPAC
‘STREET ADDRESS Electronically Recorded 5 PGS
85 ENTERPRISE STE 310 RCD160
my,stare
ALISO VIEJO CA 92656
SPACE ABOVE FOR RECORDER'S USE ONLY
LIS PENDENS
itle of Document
Pursuant to Assembly Bill 1466 — Restrictive Covenant (GC Code Section 27388.2), effective January 1, 2022, a fee of two
dollars ($2) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded
per each single transaction per parcel of real property, except those expressly exempted from payment of recording
fees, as authorized by each county’s board of supervisors and in accordance with applicable constitutional
requirements.
Pursuant to Senate Bill 2 — Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of
seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice
required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each
single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five
dollars ($225.00).
Exempt from fee per GC 27388.1(a)(2) and 27388.2 (b); recorded in connection with a transfer subject to the imposition
of documentary transfer tax (DTT).
Exempt from fee per GC 27388.1(a)(2) and 27388.2 (b); recorded in connection with a transfer of real property that is a
residential dwelling to an owner-occupier.
Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached.
Exempt from the fee per GC 27388.1 (a) (1); not related to real property.
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
Preview
2024-0004694 Page 2 of 5 RYAN M. DAVIES (State Bar No. 192598) RICHARD B. CANADA (State Bar No. 322036) LS Carlson Law A Professional Law Corporation 85 Enterprise, Suite 310 Aliso Viejo, CA 92656 Telephone: (949) 421-3030 Telecopier: (949) 421-3031 rdavies@lIscarlsonlaw.com rcanada@lscarlsonlaw.com paralegals@Jscarlsonlaw.com Attorneys for Plaintiff ANGELO CALOIARO THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SANTA CRUZ 11 ANGELO CALOIARO, an individual Case No.: 24CV00643 12 Plaintiff, NOTICE OF PENDENCY OF ACTION (LIS 13 PENDENS) vs. 14 APN: 035-191-01 15 SANTA CRUZ BEACH, LLC, a California Limited Liability Company; ROGER R. Hon. Timothy Volkmann 16 SPOTSWOOD, TRUSTEE of THE EDNA Dept. 5 CATHERINE MESSINI REVOCABLE LIVING 17 TRUST dated August 25, 1989; THE EDNA Complaint Filed: March 4, 2024 CATHERINE MESSINI REVOCABLE LIVING Trial Date: TBD 18 TRUST dated August 25, 1989; ROCKET 19 MORTGAGE, LLC, a Michigan limited liability company; MORTGAGE ELECTRONIC 20 REGISTRATION SYSTEMS, INC., a Michigan corporation; ALL PERSONS UNKNOWN, 21 CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST 22 IN THE PROPERTY DESCRIBED IN THE 23 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S 24 TITLE THERETO; and DOES 1-50, inclusive, 25 Defendants. 26 27 Mt 28 Mt 1 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) 2024-0004594 Page 3 of 5 NOTICE IS HEREBY GIVEN that the above-entitled action concerning and affecting real property as described herein was commenced on March 4, 2024, by the Plaintiff ANGELO CALOIARO, an individual, against’ Defendants SANTA CRUZ BEACH, LLC, a California Limited Liability Company; ROGER R. SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI REVOCABLE LIVING TRUST dated August 25, 1989; THE EDNA CATHERINE MESSINI REVOCABLE LIVING TRUST dated August 25, 1989; ROCKET MORTGAGE, LLC, a Michigan limited liability company, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Michigan corporation; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE 10 COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE 11 THERETO; and DOES 1-50, inclusive, and is now pending in Department 5 of this Court, located at 12 701 Ocean Street, Santa Cruz, California 95060. The claims raised in the above action are for quiet title 13 and reformation of instrument. 14 This action affects title to or right to possess real property commonly known as 1532 Wharf 15 Road, Capitola, California, 95010, or alternatively, 1500 Wharf Road #32, Capitola, California, 95010. 16 The Assessor’s Parcel Number for the subject property is 035-191-01, and it is legally described as 17 follows: 18 Lots 42, 43, 44, and 51 of Venetian Court, as numbered and designated upon the map entitled “Map of Venetian Court, Capitola, Santa Cruz, Co., being part of the Rancho 19 Arroyo Del Rodeo, Lloyd Bowman, County Surveyor, March, 1924” filed March 21st, 1924, in Volume 18 of Maps, Page 44, Santa Cruz County Records. 20 21 The parties to the action are as follows: 22 Plaintiff: ANGELO CALOIARO, an individual. 23 Defendants: SANTA CRUZ BEACH, LLC, a California Limited Liability Company; ROGER 24 R. SPOTSWOOD, TRUSTEE of THE EDNA CATHERINE MESSINI REVOCABLE LIVING TRUST 25 dated August 25, 1989; THE EDNA CATHERINE MESSINI REVOCABLE LIVING TRUST dated 26 August 25, 1989; ROCKET MORTGAGE, LLC, a Michigan limited liability company, MORTGAGE 27 ELECTRONIC REGISTRATION SYSTEMS, INC., a Michigan corporation, ALL PERSONS 28 UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR 2 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) 2024-0004594 Page 4 of 5 1 INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S 2 || TITLE, OR ANY CLOUD UPON PLAINTIFF’S TITLE THERETO; and DOES 1-50, inclusive. Dated: March 12, 2024 LS CARLSON LAW, PC mo Lo RYAN M. DAVIES RICHARD B. CANADA Attorneys for Plaintiffs DOMINIK CALOIARO and LIANA COPPOLA CALOIARO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF PENDENCY OF ACTION (LIS PENDENS) 2024-0004594 Page 5 of 5 PROOF OF SERVICE STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 85 Enterprise, Suite 310, Aliso Viejo, CA 92656. On March 12, 2024, I served the following document(s) described as follows: NOTICE OF PENDENCY OF ACTION (LIS PENDENS) On the following interested parties in this action: 10 Santa Cruz Beach, LLC Rocket Mortgage, LLC c/o Matthew J. Aulenta c/o CT Corporation System 11 240 Westgate Drive 330 North Brand Blvd., Suite 700 Watsonville, CA 95076 Glendale, CA 91203 12 Mortgage Electronic Registration Roger R. Spotswood, Trustee 13 System, Inc. 2655 Brommer St., Space 6 14 c/o CT Corporation System Santa Cruz, CA 95062 330 North Brand Blvd., Suite 700 15 Glendale, CA 91203 16 VIA CERTIFIED MAIL -- CCP §1013(a). I caused a true copy of said document(s) to be placed in a sealed envelope, addressed as above and placed for collection and 17 processing under the firm’s ordinary course of business. I am readily familiar with LS Carlson Law, PC’s practice of collecting, processing and depositing correspondence for 18 mailing. Under this practice, envelopes would be deposited with the United States Postal 19 Service at Aliso Viejo, California the same day with postage thereon fully prepaid. 20 I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on March 12, 2024, at Aliso Viejo, California. 22 23 EPR Ditine D. Actin) 24 25 26 27 28 Proof Of Service 2024-0004594 Page 1 of 5 2024-0004594 3/12/2024 2:48 PM OFFICIAL RECORDS OF Santa Cruz County RECORDING REQUESTED BY Sheri Thomas, Recorder R oS LS CARLSON LAW PC gL ae RECORDING FEE: $101.00 AND WHEN RECORDED MAIL DOCUMENT TO: COUNTY TAX: $0.00 CITY TAX: $0.00 nae LS CARLSON LAW PC 3513 ER FIRST LEGAL NETWC NPAC ‘STREET ADDRESS Electronically Recorded 5 PGS 85 ENTERPRISE STE 310 RCD160 my,stare ALISO VIEJO CA 92656 SPACE ABOVE FOR RECORDER'S USE ONLY LIS PENDENS itle of Document Pursuant to Assembly Bill 1466 — Restrictive Covenant (GC Code Section 27388.2), effective January 1, 2022, a fee of two dollars ($2) for recording the first page of every instrument, paper, or notice required or permitted by law to be recorded per each single transaction per parcel of real property, except those expressly exempted from payment of recording fees, as authorized by each county’s board of supervisors and in accordance with applicable constitutional requirements. Pursuant to Senate Bill 2 — Building Homes and Jobs Act (GC Code Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee imposed by this section shall not exceed two hundred twenty-five dollars ($225.00). Exempt from fee per GC 27388.1(a)(2) and 27388.2 (b); recorded in connection with a transfer subject to the imposition of documentary transfer tax (DTT). Exempt from fee per GC 27388.1(a)(2) and 27388.2 (b); recorded in connection with a transfer of real property that is a residential dwelling to an owner-occupier. Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached. Exempt from the fee per GC 27388.1 (a) (1); not related to real property. THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3.00 Additional Recording Fee Applies)