Preview
IN THE CIRCUIT COURT OF THE 13TH
JUDICIAL CIRCUIT IN AND FOR
HILLSBOROUGH COUNTY, FLORIDA.
CASE NO.: 29-2008-CA-027456
WILMINGTON TRUST COMPANY,
SUCCESSOR TRUSTEE TO CITIBANK, N.A.,
AS TRUSTEE, FOR THE BENEFIT OF
REGISTERED HOLDERS OF STRUCTURED
ASSET MORTGAGE INVESTMENTS II TRUST
2007-AR3, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-AR3,
Plaintiff,
vs.
SHAWN AARON; UNKNOWN SPOUSE OF
SHAWN AARON; CHEVEL WEST
COMMUNITY ASSOCIATION; STATE OF
FLORIDA DEPARTMENT OF REVENUE;
UNKNOWN TENANT #1; UNKNOWN TENANT
#2,
Defendants.
/
PLAINTIFF’S NOTICE OF FILING DOCKETS
Plaintiff, WILMINGTON TRUST COMPANY, SUCCESSOR TRUSTEE TO
CITIBANK, N.A., AS TRUSTEE, FOR THE BENEFIT OF REGISTERED HOLDERS OF
STRUCTURED ASSET MORTGAGE INVESTMENTS Il TRUST 2007-AR3, MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2007-AR3 (“Plaintiff”), hereby files the attached
dockets for the above-styled case:
e Docket dated April 2, 2013
e Docket dated May 30, 2013
11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
Plaintiff's Notice of Filing Dockets
Case No.: 29-2008-CA-027456
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
United States Mail, on this 7 day of November, 2013 to the following:
D. Rand Peacock, Jr., Esq.
Rand Peacock, P.A.
Attorney for Defendant
5716 5" Avenue North
St. Petersburg, FL 33710
‘and@peacock-law.com
Gutman Skrande, Esq.
Wargo French LLP
Co-Counsel for Plaintiff
201 S. Biscayne Blvd., Floor 28
Miami, FL 33131-4309
yskrande@wargofrench.com GREENSPOON MARDER, P.A.
TRADE CENTRE SOUTH, SUITE 700
100 WEST CYPRESS CREEK ROAD
FORT LAUDERDALE, FL 33309
Telephone: (954) 491-1120
Facsimile: (954) 343-6266
Heather.Craig@gmlaw.com
GMForeclosure@gmlaw.com
eather E Taig
i lorida Bar No. 62198
11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
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CASE SUMMARY
Case No. 08-CA-027456
CITIBANK N A VS AARON;S Case Type: Mortgage Foreclosure
Date Filed: Wet
Division M
Judicial Otticer Div M, Senior Judge
Unilorm Case ‘Number -A027456A001HC
PARTY INFORMATION
Defendant AARON, SHAWN aN ‘PEACOCK, Jr
7 ao. 5719(W)
PROSE
Retained
Defendant (CHEVEL WEST COMMUNITY ASSN COURTENAY S. TERRELL
813-221-9600(W),
KEITH WILLIAM MEEHAN:
813-221-9600(W)
Defendant Florida State Department of Revenue
Plaintit CITIBANK NA MARISOL MORALES
305-698-5839(W)
EDMUND OSCAR LOOS, II
407-425-6559(W)
LORI A SOCHIN
305-579-0637(W)
TENNILLE M. SHIPWASH
954-491-1 12000)
Events & ORDERS OF THE COURT,
OTHER EVENTS AND HEARINGS
11/18/2008] COMI
USER ID2STAFORDM
CITIBANK NA
11/18/2008] CIVIL COVER SHEET
R ID2STAFORDM
Party: CITIBANK NA
11/18/2008] LISPI
USER ID2STAFORDM
CITIBANK NA
11/18/2008] SUMMONS ISSUED
6, USER. ie STAFORDM
11/21/2008] CONVERT!
ReGen 21-NOV-2008,$362.50,
PT 2 User Id = STAFORDM, ReceiptNo = 1447339. USER ID=STAFORDM
: CITI
12/02/2008] ANSWER AND DEFENSES
GHEVAL WEST COMMUNITY ASSOCIATION, INC. USER !D=NEWSOMEF
L WEST COMMUNITY
12/12/2008} suntan RETURNED SERVED
FLORIDA DEPARTMENT OF REVENUE 11/25/08. USER 1D2>GRAHAMD
12/12/2008} suMtON REED Now se
SERVED
‘OFSI IWN AARON 12/8/08. USER !D2GRAHAMD
12/12/2008} SUMMONS RGTURNED.
RE SERVE
AARON 12/8/08. USER 1D2GRAHAMD
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Page 2 of 5
12/12/2008] SUMMONS RETURNED NOT SERVED
TENANT #2. USER ID=GRAHAMD
12/12/2008] SUMMONS PEND, NOT.
‘#1, USER ID2GRAHAMD
12/12/2008) SUMMONS, RETURNED
WEST COMMUNITY ASSOCIATION 11/26/08. USER IDsGRAHAMD
12/29/2008}
SHAWN AARON. USER ID=MCBRIDEKA
05/22/2009] NOTICE OF APPEARANCE
HIAWN ARRON. USER !D2GRAHAMD
05/22/2009] ANSWER AND DEFENSES OF
AARON. USER ID2GRAHAMD
05/22/2009] MOTION TO AMEND:
Al WER ANSWER | an DEFEDANT SHAWN AARON WITH SUPPORTING MEMORANDUM OF LAW. USER IO=MANNTI
06/11/2009] NOTICE OF DROBPING PAI
P
WN SPOUSE OF SHAWN AARON, UNKNOWN TENANT# 1 AND UNKNOWN TENANT# 2. USER {Do VIRGILS
Party: CITIBANK NA
06/11/2009} cEAIEICATE OES UMET ANCE WITH FORECLOSURE PROCEDURES
06/1 1/2009} worn FOR SUMMARY JUDGMENT
06/11/2009] area OFNNON MILITARY
i SERVICE
06/1 1/2009} nonce OF FILING
"IDAVITS. USER ID=JUNE
06/1 1/2009] AFFIDAVIT AS TO ATTORNEY FEES
06/1 1/2009] AFFIDAVIT OF ATTORNEY
'IFF'S ATTY. USER IDeJUNE
06/11/2009} AoW). AS TOCOSTS:
06/11/2009) Morn POR DEFAULT AND DEFAULT ENTERE!
OF FLORIDA DEPT. OF | ;. USER !OsMAHER
vida Stato Department of Revenue
07/13/2009] CONVERTED
- REQ FOR PRODUCTION
OF DOCUMENT. USER !DaMCKENZIEA
07/13/2009} Feo FOR ADMISSIONS
07/13/2009} nomic OF FILING
'T DISCOVERY REQUEST AND QUALIFIED WRITTEN REQUEST NOT ATCHD. USER ID>MCKENZIEA
07/13/2008) CORRESPON
ANN S PELLEGRINO ESO. USER IDeMCKENZIEA
07/12/2009] INTERROGATORIES
USER ID@MCKENZIEA
07/16/2009] NOTICE OF
L NOTE, ORIGINAL RECORDE MORTGAGE AND RECORDED ASSIGNMENT OF MORTGAGE. USER I1D2GRAHAMD
08/24/2009] AFFIDAVI
LING. USER IDeMCKENZIEA
08/24/2003} REQUEST FOR PRODUCTION
USER ID=MALLARI
08/24/2009} NOTICE OF SERVICE OF INTERROGATORIES
08/24/2009) nesPONsE re Reguest TO PRODUCE
08/24/2009) response TO REQUEST FOR ADMISSIONS
MALLARI
08/24/2009} MOTION TO STRIKE
‘FENDANTS AMENDED AFFIRMATIVE DEFENSES. USER ID-MANNTI
, CITIBANKNA
10/02/2009] NOTICE OF FILING
‘OF AMOUNT DUE ATCHD. USER ID=>MCKENZIEA
10/02/2009} AFFIDAVIT (OF AMOUNT QUE
USER ID:
10/14/2009] NOTICE OF: Senvice OF ANSWERS TO INTERROGATORIES
11/04/2009] AFFIDAVIT
LING. USER IDeMALLARDJ
11/09/2009] NOTICE OF APPEARANCI
J>MALLARDJ
ty: AARON, SHAWN:
11/09/2009} request FOR PRODUCTION
11/23/2009} cOnRESPoNDEN
SLLEGRINO, ESO., USER ID=MELVINLA
AARON, Se
11/23/2009) CONVERTED
SeNOTICE. OF WITHDRAWL. MOTION/NOTICE TO WITHDRAW ATTORNEY ANN SMITH PELLEGRINO. USER ID=MELVINLA
ye AARON. ‘SHAWN
11/23/2009] AFFID:
MAILING. USER ID2NEWSOMEF
01/08/2010] ORDER ON - TO-FOR
TO WITHDRAWAS COUNSEL 01/08/10 RAF. USER IDsMARTNEZ
03/02/2010] RESPONSE TO REQUESTTO PRODUCE
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08/25/2010| AGREED ORDER:
DEFENDANT MOTION TO AMEND ANSWER IS GRANTED DEFENDANT WILL SERVE AN AMENDED ANSWER AND ANY AMENDED
TIVE DEFENSES WITHIN 20 DAYS PLAINTIFF MOTION TO STRIKE IS DEEMED MOOT 8/23/10 JAP. USER IDoMCKENZIEA
09/21/2010} moron, ‘De AA GEMENT OF TIME
02/22/2011) ORDER FOR ENLARGEMENT OF TIME
REED ORDER / GRANTED 20 DAYS 02/21/11 AS. USER IDaMANGUALLI
04/13/2011 AMENDED ANSWER
\RON. USER ID=GRAHAMD
06/01/2011 CORRESPONDENCE
MARDER, P.A. RE: NOTICE OF CHANGE OF FIRM ATTORNEY OF RECORD. USER ID2MANGUALLI
06/01/2011] CONVERTED
19 - NOTICE OF CHANGE OF ATTORNEY. OF RECORD FOR PLTF TENNILLE SHIPWASH, ESQ. USER 1D=MANGUALLI
07/27/2011] MOTION FOR SUMMARY JUDGME!
MANN}
P: BANK NA
01/19/2012] RETURNED MAIL
TICE OF HEARING
02/23/2012] WITNESS AND EXHIBIT LIST
02/27/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle )
NUT 6/12 GAM AT 2020/12
04/10/2012) nonce “OF CHANGE
CHAN OF ADDRESS OF COUNSEL
oar
04/17/2012] MOTION TO WITHDRAW
AARON, SHAWN,
04/17/2012] NOTICE
ISCHARGEAS COUNSEL FOR SHAWN AARON
04/20/2012] En
MARISOL MORALES ESQ. FROMD. RAND PEACOCK, JR
04/20/2012] RS NNO TA
E oaw
04/20/2012] NOnIeE OF MEDIATION CONFERENCE
TERAL 5/11/12 AT 1:30 PM
04/20/2012} vere TO CLERK FROM
RAND PEACOCK JR
04/20/2012) nonce OF APPEARANCE
\RON, SHAWN
04/25/2012] CORI
04/25/2012] CROSS: NOTICE a HEARING
S212 Ai
08/02/2012] NOTICE OF MEDIATION CONFERENCE
MAY 11, 2012 1:30PM AMENDED UNILATERAL
05/07/2012] verTeR TO CLERK FROM
EACOCK, JR.
05/07/2012} EMERGENCY MOTION
L PRE-TRIAL DEPOSITIONS EXHIBIT ATTACHED
: AARON, SHA\
05/07/2012] euenenty MOTIO!
it wrenaa DEPOSTIONS EXHIBIT ATTACHED
05/07/2012] noniee oF APPEARANCE
UNAVAILABILITY
7: AARON, SHAWN
05/07/2012 ere
=D ROSS, ESQ. FROM D. RAND PEACOCK
JR.
05/09/2012} onpeR re, WITHDRAWAL OF COUNSEL (Judicial Oicer§ ‘Sisco, Michelle )
SHAWN AARON DISCHARED Wd BARNESPA
05/15/2012} meDihmion RESULTS REPORT
06/01/2012! naniceooF, AOR RANCE
06/21/2012] NoTIge oF PRODUCTION
06/21/2012] LETTER
RAND PEACOCK
07/09/2012] MOTION FOR EXTENSION OF TIMI
SPOND ANDSOR OBJECT TO SUBPOENA DUCES TECUM TO STRUCTURED ASSET MORTGAGE. INVESTMENTS It INC.
07/19/2012] ORDER Serna sPaE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle )
NT art OAM PT 6/1:
: 08/18/2012
07/20/2012} LETTER 170 CLERK
¢ roe
07/20/2012] arnoavn OF SeuiceSe RETURNED SEI
IRED ASSET MORTGAGE INVESTMENTS, II INC
bate Sewed: 07/10/2012
07/22/2012] OBJECTI
SUBPOENA DUCES TECUM TO STUCTURED ASSET MORTGAGE INVESTMENTS 1! INC
08/24/2012] NOTICE OF
ED COPY
con OF ASSIGNMENT OF MORTGAGE - ATTACHED
24/2012] NOTICE
TIFIED COPY
COP? OF DEPOSITION OF GREGORYN, ALLEN - ATTACHED
08/24/2012| NOTICE OF
MOTION TO TAKE JUDICIAL NOTICE OF ASSIGNMENT OF MORTGAGE - ATTACHED
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08/24/2012! MOTION FOR FINAL JUDGMENT
ly: AARON, SHAWN
08/24/2012! seed DOCKET TEXT
RY SUBMISSIONS IN SUPPORT
OF THIS MOTION FOR FINAL JUDGMENTOF FORECLOSURE EXHIBITS ATTACHED
09/05/2012! MOTIONTO :
IE NON JURY TRIAL
IBANK NA
09/05/2012] IDED WITNESS LIST
09/06/2012] NOTICE OF FILING
APOSTILLE 9/5/12 - ATTACHED
09/06/2012) OBYJI
UNTIFF'S WITNESS
09/07/2012} OES TONATION OF EMAL ADDRESS
‘MANDATORY EMAIL SERVICE RULE /PRIMARY AND SECONDARY
09/10/2012} DESIGNATION OF EMAIL ADDRESS:
TO FLA.R.JUD. ADMIN. 2.516
09/13/2012] ORDER GRANTING (Judicial Officer: Sisco,
3 ORE TENUS MOTION FOR LEAVE TO AMEND COMPLAINT / DEFT 10 DAYS
igned: 09/1;
09/14/2012! ON EOTIONFOR
I cil ow Sisco, Michelle )
PLTFS WITNE:
09/14/2012) ORDER rants MOTION
uc TO - FOR (Judicial Officer: Sisco, Michelle )
AMEND COMI
2 ean
09/18/2012] MOTION FOR EXTENSION OF TI
FILE AMENDED COMPLAINT EXHIBITS ATTACHED
arty: CITIBANK NA
09/18/2012] AMENDED COMPLAINT
09/19/2012] ANSWER AND AFFIRMATIVE DEFENSES
SQUEST FOR AFFIRM RELIEF
CHEVEL WEST COMMUNITY ASSN:
09/19/2012] AMENDED WITNESS LIST
09/21/2012] NOTICE OF APPEARANCE
[DMUND O LOOS I! ESQ
Party: CITIBANK NA
09/21/2012] DESIGNATION OF EMAIL ADI
09/24/2012] MOTION TO DISMISS AMENDED COMPLAINT
AARON, SHAWN,
10/05/2012} ae ae MOTION TO- FOR
RON, SHAWN:
10/08/2012 ORDER DENYING MO’
ISMISS- 20 DAYS-MS 10/8/12
10/08/2012] NOTICE OF FILIt
POWER OF ATTY - ATTACHE!
10/12/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Olficer: Judge, Presiding )
‘2/18/13 GAM PT 2/11/13 330PM
te 2: 10/12/2012
10/12/2012] JUDGE'S COPIES OF PLEADINGS
10/29/2012] ANSWER AND AFFIRMATIVE DEFENSES
. HAN
ACOt
10/30/2012) aNeweR AND AFFIRMATIVE DEFENSES
Per ARON, SHAWN
. RAND,Jr
11/08/2012) noniee
DEPOSITION OF TRIAL WITH
11/09/2012] AMENDED NOTICE OF TAKING DEPOSITION
OF
11/26/2012] REPLY TO AMTIAMATIVE DEFENS!
& MOTION TO STRIKE THE AFFIRMATIVE DEFENSES OF DFOT, SHAWN AARON EXHIBITS ATTACHED
7: CITIBANKNA
12/11/2012 OBsESTION
‘OF DEPOSITION OF MARILYN LEA
12/21/2012] REQUEST FOR PR
INDANT’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
01/18/2013] MOTION FOR EXTENSION
SSPOND TO. DEPENDANT $ 2ND REQUEST FOR PRODUCTION
CITIBANK
01/18/2013} nonce OF CHANGE OF ADDRESS OF COUNSEL
=NCI 1 S BISCAYNE BOULEVARD, SUITE 1000, MIAM!
FL 33131
01/18/2013} MOTION FOR SUMMARY JUDGMENT
01/22/2013] MOTION FOR EXTENSION OF TIME
SSPOND TO DFDT 2ND REQUEST FOR PRODUCTION
ITIBANK
01/22/2013} NOTICE OF CHANGE OF ADDRESS OF COU!
‘& FRENCH, LLP 201 S. BISCAYNE BOULEVARD, SUITE 1000 MIAMI, FL 33131 PHNOE: 305-777-6000 FAX: 305-777-6001
01/25/2013] MOTION FOR SUMMARY JUDGMENT
;CTED DFDT'S AMENDED
Party: AARON, SHAWN
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Page 5 of 5
01/30/2013] RESPONSE IN OPPOSITION TO.
DFTO'S AMENDED MOTION FOR FINAL SUMMARY JUDGMENT EXHIBITS ATTACHED
02/01/2013] MOTION TO COMPE!
Pane SR
a SauBITS ATTACHED
02/01/2013} MOTION tosTake
YN FLEA as. we WITNESS / EXHIBITS ATTACHED
Party: AARON, SHA\
02/04/2013) RESPONSE TO REQUEST FOR PRODUCTION
02/07/2013] NOTICE OF FILING
‘LAW IN OPPOSITION TO DEF'S MOTION TO STRIKE TRIAL WITNESS - COPY ATTACHED
02/09/2013] RESPONSE
OF CASE LAW IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE MARILYN F. LEA AS TRIAL WITNESS
02/11/2013] DESIGNATION TO COURT REI
02/25/2013] OBJECTION
EMERGENCY /TO EXCLUDE JUDGE FOR NON-COMPLIANCE WITH ADMINISTRATIVE ORDER S-2012-053
AARON,
02/25/2013} nope a oaoona.
13 THROUGH 03/1:
02/25/2013} ORDER GRANTING
6 MOTION TO - FOR {Judicial Officer: Div M, Senior Judge )
3ET TRIAL IN DIVISI
02/26/2013] NOTICE OF NON-AVAILABILITY
DOUGLAS RAND PEACOCK, JR, ESQ
/ JAN, 25TH, MARCH 3RD, AUG. 6TH, SEPT, 30TH ANY YEAR / WEEK OF MARCH 25-29,
MAY 23, 2013, WEEKON NOV. 25-29,
02/27/2013] name oF NON-AVAILABILITY
02/28/2013) Novice OF NON AVAILABILITY
THROUGH 03/12/13
02/28/2013] AMENDED Exwier List
02/28/2013} ee WITNESS LIST
HRD
03/04/2013} enERGENEY MOTION
NE awn
03/07/2013} onsea GRANTING MOTION
Mi TO - FOR (Judicial Officer: Div M, Senior Judge )
03/08/2013| ORDER GRANTING MOTION TO - FOR (Judicial Officer: Div M, Senior Judge )
TAIAL (AMENDED)
2: 03/08/201:
03/15/2013] MOTION IN LIMII
TION IN LIMINE TO PROHIBIT INTRODUCTION OF TESTIMONY
AARON, SHAWN
03/25/2013] EMERGENCY MOTION
‘COMPEL DEPOSITION OF DEF.
Party: CITIBANK NA
03/28/2013] RESPONSE
RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DEPOSITION
FINANCIAL INFORMATION
Plaintift CITIBANK NA 362.50
Total Financial Assessment 362.50
Total Payments and 0.00
Balance Due as of 04/02/2013
11/18/2008 ‘Transaction Assessment 1.00
‘Transaction Assessment 0.50
11/18/2008 3.50
11/18/2008 Transaction Assessment 80.00
11/18/2008 | Transaction Assessment 5.00
11/18/2008 | Transaction Assessment 15.00
11/18/2008 ‘Transaction Assessment
‘Transaction Assessment 195.00
11/18/2008
11/21/2008 | Transaction Assessment 60.00
11/21/2008 Transaction Assessment (382.50)
1121/2008! tn person payment Receipt # 1447339 CITIBANK NA
Unoiticial Record
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CASE SUMMARY
Case No. 08-CA-027456
CITIBANK N A VS AARON;S Case Type: Mortgage Foreclosure
DateFi 11/21/2008
Division M
Judicial Officer: Div M, Senior Judge
Uniform Case Number: 292008CA027456A001HC
PARTY INFORMATION.
Attorne
Defendant AARON, SHAWN: RAND PEACOCK, Jr
7EraB0S7 1900)
PROSE
Retained
Defendant CHEVEL WEST COMMUNITY ASSN ey ‘S. TERRELL
seen
221 3600(W)
ioe iLLIAM MEEHAN
organ79600(W)
Defendant Florida State Department of Revenue
Plaintitt CITIBANK NA MARISOL MORALES:
305-698-5839(W)
EDMUND OSCAR LOOS, Ill
407-425-6559(W)
Loni ASO
SOCHIN
308:570-069700)
‘TENNILLE M. SHIPWASH
954-491-1120(W)
EVENTS & ORDERS
OF THE COURT
OTHER EVENTS AND HEARINGS:
11/18/2008) COM
A ID=STAFORDM
CITIBANK NA
11/18/2008) CIVIL COVER SHEET
USER ID=STAFORDM
CITIBANK NA
11/18/2008] LIS PENDENS
)eSTAFOROM
CITIBANK NA
11/18/2008) SUMMONS ISSUED
ER lo=STAFORDM
11/212008| conv
CPT RECEIPT C21-NOV-2008,$362.50, User Id « STAFORDM, Receipt No « 1447339. USER ID2STAFORDM
CITIBANK
12/02/2008} ANSWER ANDA DEFENSESOF
‘COMMUNITY ASSOCIATION, INC. USER IDsNEWSOMEF
GHEVEL WEST COMMUNITY ASSN
42/12/2008| SUMMONS RETURNED SER!
STATE OF FLORIDA DEPARTMENT ‘OF REVENUE 11/25/08. USER 1D2>GRAHAMD-
12/12/2008] SUMMONS: PRED NOT SERVED
FOF SHAWN AARON 12/8/08. USER 1D=GRAHAMD
12/12/2008} SUMMONS, RSTURNED ‘SER
AARON 12/8/08. USER 'D=GRAHAMD
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11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8
Page 2 of 5
12/12/2008 sO RETURNED NOT SERVED
TENANT #2. USER !D2GRAHAMD
12/12/2008} suis PETURNED NOT SERVED
#1, USER ID2GRAHAMD
12/12/2008 suiitons RETURNED
n st
'T COMMUNITY ASSOCIATION 11/26/08. USER IDoGRAHAMD
12/29/2008)
‘SHAWN AARON. USER iD=MCBRIDEKA
AARON,SI
05/22/2009] NOTICE OF APPEARANCE
| ARRON. USER ID=GRAHAMD
05/22/2009] ANSWER AND DEFENSES OF
}HAWN AARON. USER ID2GRAHAMD
05/22/2009} MOTION TO AMENt
=R ANSWER BINCEFEDANT SHAWN AARON WITH SUPPORTING MEMORANDUMOF LAW. USER 1D=MANNTI
AARON,
06/11/2009] NOTICE Sin DROPPING PARTY(
P
OF SHAWN AARON, UNKNOWN TENANT# 1 AND UNKNOWN TENANT
# 2. USER ID=VIRGILS
” CITIBANK NA
06/11/2009] CERTIFICATE OF COMPLIANCE WITH FORECLOSURE PROCEDURES
=NEl
06/11/2009] MOTION FOR SUMMARY JUDGMENT
06/11/2009] AFFIDAVIT OF NON MILITARY SERVICE
08/11/2009] NOTICE OF FILING
“IDAVITS. USER !0=JUNE
06/1 1/2009] AFFIDAVIT AS TO ATTORNEY FEES
IDaJUNE
06/11/2009] AFFIDAVIT OF ATTORNEY
'IFF'S ATTY. USER IO=JUNE
06/1 1/2009] AFFIDAVIT AS TO COSTS
06/11/2009] MOTION FOR DEFAULT AND DEFAULT ENTER!
‘STATE OF FLORIDA DEPT. OF REVENUE. USER !0=MAHER
Florida State Department of Revenue
07/13/2009] CONVERTEDEV
- REQFOR + PRODUCTION OF DOCUMENT. USER ID=MCKENZIEA
07/13/2009} Request FOR AOUISsiON'
07/13/2009} NOTICE OF
FIRST DISCOVERY REQUEST AND QUALIFIED WRITTEN REQUEST NOT ATCHD. USER IDoMCKENZIEA
07/13/2009) CORRESPONDENCE
EGRINO ESO. USER 1D=MCKENZIEA
07/13/2008) INTERROGATORIES
A IDsMCKENZIEA
07/16/2009} NOTICE OF
RECORDED MORTGAGE AND PAYMENT RIDER, FIXED/ADJUS TABLE RATE RIDER USER !02GRAHAMD
08/24/2009) AOC.
LING. USER IDoMCKENZIEA
08/24/2009) réauesr FOR PRODUCTION
IDsMALLARDJ
08/24/2009) womce orse SeRvIce® OF INTERROGATORIES
08/24/2009} response mo
0 y REQUEST TO PRODUCE
08/24/2009} AESPONSE NORE REQUEST FOR ADMISSIONS
ER ID=MALLARDJ
08/24/2009] MOTION TO STRIKE
SNDANTS AMENDED AFFIRMATIVE DEFENSES. USER ID=MANNTI
Party: CITIBANK NA
10/02/2009} Norice ‘OF FILING
“IDAVIT OF AMOUNT DUE ATCHD. USER IDeMCKENZIEA
10/02/2009) ASEDAVIT OF AMOUNT QUE
10/14/2009] NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES
11/04/2009] AFFIDAVIT
MAILING. USER IDoMALLARDJ
11/09/2009] NOTICE OF APPEARANCE
MALLARDS
AARON, SHAWN
11/09/2009] REQUEST FOR PRODUCTION
11/23/2000] CORRESPONDENCE
NN S. PELLEGRINO. ESQ..
& USER ID=MELVINLA
Pary: AARON. §
11/23/2009} CO!
1020 - SO ROTICE OF WITHDRAWL. MOTION/NOTICE TO WITHDRAW ATTORNEY ANN SMITH PELLEGRINO. USER ID=MELVINLA
; AARON, SHAWN
11/29/2009| AFFIDAVI
MAILING. USER ID2>NEWSOMEF
01/08/2010] ORDER ON - TO - F'
WITHDRAW
AS COUNSEL 01/08/10 RAF. USER ID>MARTNEZ
03/02/2010] RESPONSE TO REQUEST TO PRODUCE
ML
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1/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9
Page 3 of 5
08/25/2010] AGREED ORDER
TO AMEND ANSWER IS GRANTED DEFENDANT WILL SERVE AN AMENDED ANSWER AND ANY AMENDED
TIVE DEFENSES WITHIN 20 DAYS PLAINTIFF MOTION TO STRIKE IS DEEMED MOOT 8/23/10 JAP. USER !D=MCKENZI
09/21/2010] MOTION FOR ENLARGEMENT OF TIME
R IDsKANTAKI
02/22/2011] ORDER FOR ENLARGEMENT OF TIME
SIE tibia GRANTED 20 DAYS 02/21/11 RS. USER ID=MANGUALLI
04/13/2011] AMENDEDAl
‘AARON.
aFON. USER 1D=GRAHAMD
06/01/2011] CORRESPONDEN!
:ENSPOON MARDER, P.A. RE: NOTICE OF CHANGE OF FIRM ATTORNEY OF RECORD. USER 10>MANGUALLI
06/01/2011] CONVERTED EVI
19 - NOTICE OF CHANGE OF ATTORNEY. OF RECORD FOR PLTF TENNILLE SHIPWASH, ESQ. USER ID2MANGUALLI
07/27/2011) momen FOR SUMMARY JUDGMENT
ay, CITIBANK NA
01/19/2012} RETURNED MAIL
TICE OF HEARING
02/23/2012] WITNESS AND EXHIBITLI:
02/27/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle )
NST 6/1/12 9AM PT 2/23/12 11.
2:
04/10/2012] NOTICE OF CHANGE OF ADDRESS OF COUNSEL
1
04/17/2012] MOTIONTO WITHDRAW
AARON, SHAWN
04/17/2012] NOTICE
DISCHARGEAS COUNSEL FOR SHAWN AARON
04/20/2012] LETTER
MARISOL MORALES ESQ. FROMD. RAND PEACOCK, JR
04/20/2012] EMERGENCY
"INUE TRIAL
RON,SI
04/20/2012 NoTice OF MEDIATION CONFERENCE
TERAL 5/11/12 AT 1:30 PM
94/20/2012! ereR Bo CLERK FROM
04/20/2012] nonce Of
a APPEARANCE
RON, SHAWN:
04/25/2012 CORRESPONDENCE
04/25/2012] CROSS NOTICE OF HEARING
Si2/12AT 9:45 AM
05/02/2012] NOTICE OF MEDIATION CONT
Y11, 2012 1:30PM AMENDED UNILATERAL
05/07/2012] terre TO CLERK FRO!
PEACOCK, JR.
05/07/2012! EMERGENCY MOTION
COMPEL PRE-TRIAL DEPOSITIONS EXHIBIT ATTACHED
1, SHAWN:
08/07/2012] EMERGENCY MOTION
:L PRE-TRIAL DEPOSTIONS EXHIBIT ATTACHED
‘SHA\
05/07/2012) wong OF oF APPEARANCE
ORARON, SHAWN
08/07/2012} LI RTO
JARED ROSS, ESQ. FROMD. RAND PEACOCK JA.
05/09/2012} ORDER FOR WITHDRAWAL OF COUNSEL (Judicial Oboes: ‘Sisco, Michelle )
D, SHAWN AARON DISCHARED WJ BARNESPA
ate 2: 05/08/2012
05/15/2012] MEDIATION RESULTS REPORT
06/01/2012} nomiceooF, APPEARANCE
06/21/2012} Ronee OFF PRODUCTION
06/21/2012! LETTER F
EACOCK
07/09/2012] MOTION Fon EXTENSION OF TIME
‘oO RESPOND AND/OR OBJECT TO SUBPOENA DUCES TECUM TO STRUCTURED ASSET MORTGAGE INVESTMENTS It INC.
CITIBANK NA|
07/19/2012] lonBek ‘SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle )
‘9/10/12 9AM, PT 9/6/12 1030 AM
09/18/2012
07/20/2012] LETTER TO CLERK FROM
07/20/2012| AFFIDAVIT OF SERVICE RETURNED SER‘
ED ASSET MORTGAGE INVESTMENTS, 1 INC
late Served: 07/10/2012
07/23/2012] OBJECTION
IPOENA DUCES TECUM TO STUCTURED ASSET MORTGAGE INVESTMENTS 1! INC
08/24/2012] NOTICE OF
“IED COPY OF ASSIGNMENT OF MORTGAGE - ATTACHED
08/24/2012] NOTICE OF FILING
“IED COPY OF DEPOSITION OF GREGORY N. ALLEN - ATTACHED
08/24/2012! NOTICE OF Fil
MOTION TO TAKE JUDICIAL NOTICE OF ASSIGNMENT OF MORTGAGE - ATTACHED
http://pubrec
10. hillsclerk.com/CaseDetail.aspx?CaseID=23 15007 5/30/2013
11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10
Page 4 of 5
08/24/2012] MOTION FOR FINAL JUDGMENT
08/24/2012] SEE DOCKET TEXT
EVIDENTIARY SUBMISSIONS IN SUPPORT OF THIS MOTION FOR FINAL JUDGMENT OF FORECLOSURE EXHIBITS ATTACHED
09/05/2012] MOTION TO - Ft
TINUE. NON JURY TRIAL
NA
09/05/2012) AMI DED WITNESS UST
09/06/2012] NOTICE OF FILIN(
TILLE 9/5/12 - ATTACHED
09/06/2012} COST
PLAINTIFF'S WITNESS:
09/07/2012! besiananion ‘OF EMAIL ADDRESS
[PLIANCE WITH NEW MANDATORY EMAIL SERVICE RULE /PRIMARY AND SECONDARY
09/10/2012} bestcnarion OF EMAIL ADDRESS
}UANT TO FLA.R.JUD. ADMIN. 2.516
09/13/2012 onDER G (, ial Otticer: Sisco, Michelle )
3 ORE TENUS MOTION FOR LEAVE TO AMEND COMPLAINT / DEFT 10 DAYS
: 08/13/2012
09/14/2012| ORDER ON -TO - FOR (Judicial Officer: Sisco, Michelle )
OBJECTION TO PLTFS WITNE:
2: 09/14/201
09/14/2012] ORDER GRANTING MOTION TO - FOR (Judicial Officer: Sisco, Michelle )
Date 2: 09/14/2012
09/16/2012] MOTION FOR EXTENSION OF TIME
FILE AMENDED COMPLAINT EXHIBITS ATTACHED
CITIBANK NA
09/18/2012] AMENDED COMPLA!
2
09/19/2012] ANSWER AND AFFIRMATIVE DEFENSES
REQUEST FOR AFFIRM RELIEF
arty: CHEVEL WEST COMMUNITY ASSN
09/19/2012] AMENDED WITNESS LIST
09/21/2012] NOTICE OF APPEARANCE
SDMUND O LOOS Il ESQ
Party: CITIBANK NA
09/21/2012] DESIGNATION OF EMAIL ADDRESS
09/24/2012] MOTION TO DISMISS AMENDED COMPLAINT
10/05/2012} AMENDED MOTION TO- FOR
10/08/2012} onsen DENYING MOTIO!
}- 20 DAYS-MS 10/8/12
10/08/2012] nonce OF
TED POWER OF ATTY - ATTACH!
10/12/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Olficer: Judge, Presiding )
NJT 2/18/13 SAM PT 2/11/13 330PM
ite 2: 10/12/2012
10/12/2012] JUDGE'S COPIES OF PLEADINGS:
10/29/2012] ANSWER AND AFFIRMATIVE DEFENSES
AARON, SHAWN
10/30/2012} ANSWER ano AFFIRMATIVE DEFENSES
Par AARON, SHAWN
, PEACOCK,RAND, Jr
11/08/2012 NoTIce
TION OF TRIAL WITNES:
11/09/2012] AMENDED NOTICE OF TAKING DEPOSITION
WAL
11/26/2012 REPLY 10 APFINMATIVE OI DEFENS!
é MOTION TO STRIKE THE AFFIRMATIVE DEFENSES OF DFDT, SHAWN AARON EXHIBITS ATTACHED
7 CITIBANK NA
12/11/2012] osiecrion
TICE OF DEPOSITION OF MARILYNLEA
12/21/2012 neque
INDANT'S SECOND BEQUEST FOR PRODUCTION OF DOCUMENTS
01/18/2013} orion FOR EXTENSION
Spon |TanDEFENDANTS: '2ND REQUEST FOR PRODUCTION
01/18/2013) womide or CHANGE OF ADDRESS OF COI
'& FRENCH LLP20! S BISCAYNE BOULEVARD, SUITE 1000, MIAMI FL. 33131
01/18/2013} MOTION FOR SUMMARY JUDGMENT
01/22/2013] MOTION FOR EXTENSION OF TIMI
TO. RESPOND TO DFDT 2ND REQUEST FOR PRODUCTION
CITIBANK
01/22/2013} Novice OF CHANGE OF ADDRESS OF COUN:
& FRENCH, LLP 201 S. BISCAYNE BOULEVARD, SUITE 1000 MIAMI, FL. 33131 PHNOE: 305-777-6000 FAX: 305-777-6001
01/25/2013} wore FOR SUMMARY JUDGMENT
ED DFOT'S AMENDED
Pane ‘AARON, SHAWN
http://pubrec
1 0.hillsclerk.com/CaseDetail.aspx ?CaseID=23 15007 5/30/2013
11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 11
Page 5 of 5
01/30/2013] RESPONSE IN OPPOSITIOI
AMENDED MOTION FOR FINAL SUMMARY JUDGMENT EXHIBITS ATTACHED
02/01/2013] MOTION TO COM!
prors. FIRST /. EXHIBITS ATTACHED
RON, SHA\
02/01/2013} MOTION TO sake
HLYN FLEA gs al WITNESS / EXHIBITS ATTACHED
02/04/2013} response TO REQUEST FOR PRODUCTION
0207/2013} norice OF FILII
‘LAW IN OPPOSITION TO DEF'S MOTION TO STRIKE TRIAL WITNESS - COPY ATTACHED
02/09/2013] RESPONSI
TO FILING OF CASE LAW IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE MARILYN F. LEA AS TRIAL WITNESS
02/11/2013] DESIGNATION TO COURT REPORT!
02/25/2013] OBJECTION AND MOTI
ERO TO EXCLUDE JUDGE FOR NON-COMPLIANCE WITH ADMINISTRATIVE ORDER S-2012-053
02/25/2013} NOTICE or INON-AVAILABILITY
13 THROUGH 03/12/1.
02/26/2013] ORDER GRANTING MOTION TO - FOR (Judicial Officer: Div M, Senior Judge )
BESET TRIAL IN DIVISIONM-
/2013
02/26/2013} ome ‘OF NON-AVAILABILITY
‘DOUGLAS RAND PEACOCK, JR, ESQ / JAN. 25TH, MARCH 3RD, AUG. 6TH, SEPT, 30TH ANY YEAR / WEEK OF MARCH 25.29,
Sore MAY 23,2019, WEEK ON NOV. 25-29, 2013
02/27/2013} norice OF NON-AVAILABILITY
02/28/2013} NOTICE OF NON-AVAILABILITY
THROUGH 03/12/13
02/28/2013) AMENDED EXHIBIT LIST
02/28/2013] AMENDED WITNESS LIST
03/04/2013] EMERGENCY MOTION
CONTINUE TRIAL
03/07/2013) one SRANG MOTION TO - FOR (Judicial Officer: Div M, Senior Judge )
03/08/2013} ORDER GRANTING S MOTION TO - FOR (Judicial Officer: Div M, Senior Judge )
ONT. TRIAL AMENDED)
03/15/2013} mono IN LIMINE
TIONIN LIMINE TO PROHIBIT INTRODUCTION
OF TESTIMONY
AARON,SI
02/29/2013] EMERGENCY
‘COMPEL DEPOSITION OF DEF.
CITIBANK
03/28/2013] RESPOI
FT'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DEPOSITION
AARON, SHA\
04/02/2013] AFFIDAVIT OF ATTORNEY'S FEES AND COSTS:
04/05/2013] NOTICE OF FILII
VERIFIED RETURN OF SERVICE AND SUBPOENA FOR TRIAL
04/05/2013] SUBPOENA RETURNED SERVED
04/15/2013] RESPONSE IN OPPOSITION TO.
“ENDANTS MOTION IN LIMINE TO PROHIBIT THE INTRODUCTION OF TESTIMONY (EXHIBIT ATTACHED)
05/02/2013] NOTICE OF Fil
UAL TRANSCRIPT HELD ON APRIL 16, 2013
FINANCIAL NFORMATION.
Plaintiff CITIBANK NA
Total Financial Assessment 362.50
Total Payments and Credits 362.50
Balance Due as of 05/30/2013 0.00
11/18/2008 ‘Transaction Assessment 1.00
11/18/2008 ‘Transaction Assessment 0.50
11/18/2008 Transaction 3.50
11/18/2008 | Transaction Assessment 80.00
11/18/2008 Te Assessment 5.00
14/18/2008 Transaction Assessment 15.00
11/18/2008 ‘Transaction Assessment 195.00
11/21/2008 | Transaction Assessment
11/21/2008 ‘Transaction Assessment
11/21/2008 | In person payment Receipt # 1447339 CITIBANK NA. (362.50)
Unolficial Record
http://pubrec10.hillsclerk.com/CaseDetail.aspx?CaselD=23 15007 5/30/2013
11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 12
Related Content
in Hillsborough County
Ruling
PATRICK MALLOY, AN INDIVIDUAL, ET AL. VS CAREY HELLMAN
Jul 30, 2024 |
23STCV25326
Case Number:
23STCV25326
Hearing Date:
July 30, 2024
Dept:
56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
PATRICK MOLLOY, etc., et al.,
Plaintiffs,
vs.
CAREY HELLMAN, etc., et al.,
Defendants.
CASE NO.: 231STCV25326
[TENTATIVE] ORDER RE:
DEMURRER TO COMPLAINT
Date: July 30, 2024
Time: 8:30 a.m.
Dept. 56
MOVING PARTY: Defendant Carey Hellman dba Hellman Associates (Hellman)
RESPONDING PARTY: Plaintiffs
The Court has considered the moving, opposition and reply papers.
BACKGROUND
This action was filed on October 17, 2023 and arises out of construction work performed by Defendant Hellman on Plaintiffs duplex (the Project).
The proposal for the Project was presented by Hellman to Plaintiffs on December 10, 2022. (Complaint, para. 6.)
Hellman performed work on the Project from January 6 to April, 2023.
(Complaint, para. 12.)
Plaintiffs allege that After some of [the allegedly deficient work] came to light, [Plaintiffs] learned that Hellmans contractors license with the Contractors State License Board (CSLB) was inactive or had lapsed.
They further discovered that some of the subcontractors Hellman hired for the work were also not licensed.
(Complaint, para. 16.)
The Complaint alleges causes of action for Breach of Implied-In-Fact Contract; 2) Negligence; 3) Breach of Implied Warranty; 4) Disgorgement Per Bus. & Prof. Code (B&PC) §7031; 5) Unfair Business Practices Per B&PC § 17200,
et seq.
; and 6) Fraud.
All of these causes of action rely, among other things, on Plaintiffs allegation that Hellman was an unlicensed contractor at the time he performed work on the Project.
On December 22, 2023, Defendant Hellman filed his demurrer to the Fourth, Fifth and Sixth Causes of Action of the Complaint.
REQUEST FOR JUDICIAL NOTICE
Defendants Request for Judicial Notice of a copy of a Contractors License naming Hellman and dated January 1982 is DENIED.
This is not an official record of the status of Hellmans license at the time of his work on the Project.
The Court does, however, accept the Declaration of Christopher L. Mass, Esq. in Support of Opposition to Demurrer (Mass Decl.), which provides the foundation for the record of the status of Hellmans contractors license since November 1, 2009.
This document evidences that Defendants license was not active during the period of time that Defendant was working on the Project.
DISCUSSION
Legal Standard
Legal Standard for Demurrer
[A] demurrer tests the legal sufficiency of the allegations in a complaint. (
Lewis v. Safeway, Inc.
(2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See
Donabedian v. Mercury Ins. Co.
(2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contents].) For purposes of ruling on a demurrer, all facts pleaded in a complaint are assumed to be true, but the reviewing court does not assume the truth of conclusions of law. (
Aubry v. Tri-City Hosp. Dist.
(1992) 2 Cal.4th 962, 967.)
Analysis for Demurrer
Fourth Cause of Action
Defendant alleges that Plaintiffs Fifth Cause of Action for Disgorgement is not a valid cause of action because it is based on the allegation that Defendant was not licensed while working on the Project, whereas Defendant possessed a contractors license during the entire construction project.
Defendants purported evidence of his initial licensure in 1983 does not, however, support his contention that he was actively licensed when he worked on the Project.
[1]
The evidence supplied by the Mass Declaration shows that Defendant was not actively licensed during his work on the Project.
Defendants Demurrer to the Fourth Cause of Action of the Complaint is therefore OVERRULED.
Fifth Cause of Action
Defendants Demurrer to the Fifth Cause of Action for violation of the B&PC Section 17200 for Unfair Business Practices depends upon his position that he was not in violation of the CSLB rules for contractor licensing at the time he performed work on the Project.
As indicated above, the Court does not accept Defendants position that he was licensed throughout his work on the Project.
Even if he were so licensed, which apparently he was not, the allegation that his subcontractors were also not licensed would provide all necessary support for an Unfair Business Practices claim. (Complaint, para. 16.)
Defendants Demurrer to the Fifth Cause of Action of the Complaint is therefore OVERRULED.
Sixth Cause of Action
Defendants Demurrer to the Sixth Cause of Action for Fraud is also based upon the premise that Defendant was properly licensed throughout the time he worked on the Project.
Defendant has not established that this is the case and, for that reason, the Demurrer to the Sixth Cause of Action is OVERRULED.
Moving party is ordered to give notice of this ruling.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.
If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 30th day of July 2024
Hon. Holly J. Fujie
Judge of the Superior Court
[1]
Although the Demurrer makes a reference to the one year statute of limitations for claims under B&PC Section 7031, Defendant worked on the Project from January through April of 2023 and this action was filed on October 17, 2023 well within any one year statute of limitations.
Ruling
MARIA PADILLA, ET AL. VS JOSEPH HEFFESSE, ET AL.
Jul 29, 2024 |
23STCV15942
Case Number:
23STCV15942
Hearing Date:
July 29, 2024
Dept:
53
Superior Court of California
County of Los Angeles Central District
Department 53
maria padilla
, et al.;
Plaintiffs
,
vs.
joseph heffesse,
as trustee of the Coldwater Canyon Trust
, et al.;
Defendants
.
Case No.:
23STCV15942
Hearing Date:
July 29, 2024
Time:
10:00 a.m.
[tentative] Order
RE:
petition for approval of compromise of claim for minor claimant anthony jayden diaz
MOVING PARTY:
Petitioner Jeanette Oliveros
RESPONDING PARTY:
Unopposed
Petition for Approval of Compromise of Claim for Minor Claimant Anthony Jayden Diaz
The court considered the moving papers filed in connection with this petition.
No opposition papers were filed.
DISCUSSION
Plaintiff and petitioner Jeanette Oliveros (Petitioner) seeks court approval of the settlement made on behalf of minor claimant Anthony Jayden Diaz (Minor Claimant) in this action.
The compromise of a minors disputed claim for damages is valid only after it has been approved, upon the filing of a petition, by the court.¿ (Prob. Code, § 3500.)¿ The petition must be verified by the petitioner, must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, and must be prepared on Judicial Council form MC-350.¿ (Cal. Rules of Court, rule 7.950.)¿
Defendants Joseph Heffesse, as trustee of the Coldwater Canyon Trust, Sandra B. Sternberg Heffesse, and LA Properties Heffesse LLC have agreed to pay a total of $175,000 to settle this action, of which $5,000 will be separately allocated to Minor Claimant.
(MC-350, ¶¶ 10-11.)
Of the $5,000 allocated to Minor Claimant, $1,250 will be paid to counsel for attorneys fees and $134.35 will be paid to counsel for legal costs.
(MC-350, ¶¶ 13, 16.)
The remaining $3,615.65 will be paid or delivered to the parent of Minor Claimant, i.e., Petitioner, without bond, on the terms and under the conditions specified in Probate Code sections 3401-3402.
(MC-350, ¶ 18, subd. (b)(5); MC-350, Attachment 18b(5), Oliveros Decl., ¶¶ 1-2, 6; Prob. Code, §§ 3401, 3402.)
The court has reviewed the petition and finds the settlement to be fair and reasonable, and in the best interest of Minor Claimant.
The court further finds that the declaration of Rachel Fishenfeld is sufficient to support the request for attorneys fees in the amount of $1,250 (representing 25 percent of the $5,000 settlement).
(Fishenfeld Decl., ¶¶ 2-3, 6-11; Cal. Rules of Ct., rule 7.955.)
The court therefore grants Petitioners petition.
ORDER
The court grants petitioner Jeanette Oliveross petition for approval of compromise of claim on behalf of minor claimant Anthony Jayden Diaz.
The court orders that the $3,615.65 settlement on behalf of minor claimant Anthony Jayden Diaz may be paid to plaintiff and petitioner Jeanette Oliveros pursuant to Probate Code sections 3401 and 3402.
The court orders petitioner Jeanette Oliveros to give notice of this ruling.
IT IS SO ORDERED.
DATED:
July 29, 2024
_____________________________
Robert B. Broadbelt III
Judge of the Superior Court
Ruling
AHLUWALIA, NIRMAL KUMAR vs KHACHO, ESAM
Jul 28, 2024 |
CV-22-003529
CV-22-003529 – AHLUWALIA, NIRMAL KUMAR vs KHACHO, ESAM – Defendant and Cross-Complainant Esam Khacho’s Motion for Summary Judgment or Summary Adjudication – MOOT.
In view of the Court’s granting of Plaintiff’s Motion to be Relieved from Deemed Admissions, on which deemed admissions Defendant’s Motion for Summary Judgment is founded, this motion is moot.
Ruling
Arturo Rodriguez vs. Ravdeep Singh
Jul 25, 2024 |
23CECG04769
Re: Arturo Rodriguez v. Ravdeep Singh
Superior Court Case No. 23CECG04769
Hearing Date: July 25, 2024 (Dept. 502)
Motion: Defendants’ Demurrer to the Complaint and Motion to Strike
Tentative Ruling:
To order the hearing off calendar, as no motion was filed for this hearing date, and
it does not appear any notice was given to plaintiff of this hearing.
Explanation:
Plaintiff filed a motion for judgment on the pleadings against defendants’ answer,
which was originally scheduled for March 28, 2024, but was continued to May 14, 2024,
to allow plaintiff to correct defects in his proof of service of the motion. His motion was
granted on May 14, 2024.
On May 10, 2024, defendants filed a memorandum of points and authorities and
four declarations in support of a demurrer, and these papers reflected a hearing date of
May 14, 2024. However, defendants had not calendared a hearing for a demurrer, and
instead were apparently attempting to use the date for plaintiff’s motion as a hearing
date for their own motion. When defendants appeared for oral argument at this hearing,
the court informed them that they did not have a motion on calendar, and they needed
to obtain a hearing date from the court’s Law and Motion desk before filing moving
papers.
After this, defendants obtained a hearing date, but they did not file any moving
papers for this hearing date. Perhaps defendants believed that the papers they filed on
May 10, 2024, served as the moving papers for the July 25th hearing. This is incorrect.
Those papers did not give plaintiff any notice of a hearing on July 25, 2024. Furthermore,
there is no Notice of Motion included with the papers filed on May 10, 2024. Nor is there
a proof of service of any moving papers on plaintiff for a hearing on July 25, 2024. The
statement in the Declaration of June Waara that she verbally informed plaintiff of the
hearing on July 25, 2024, does not make for service of the motion on plaintiff.
If defendants desire a hearing on a demurrer to the complaint, they must obtain
a hearing date from the Law and Motion clerk, and thereafter file moving papers
properly indicating the date they obtained, which show timely and proper service of the
motion on plaintiff. Even though defendants are self-represented, they are held to the
same standards as attorneys and they must follow the rules of civil procedure.
(Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985.)
Also, the declaration of non-party June Waara filed on defendants’ behalf on July
12, 2024 indicates that she met and conferred with plaintiff regarding the demurrer, which
defendants are supposed to do. (Code Civ. Proc., § 430.41.) Ms. Waara’s status as a
licensed and bonded Unlawful Detainer Assistant and Process Server does not give her
any authority to meet and confer with plaintiff on defendants’ behalf. Ms. Waara should
take care not to practice law without a license.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure
section 1019.5, subdivision (a), no further written order is necessary. The minute order
adopting this tentative ruling will serve as the order of the court and service by the clerk
will constitute notice of the order.
Tentative Ruling
Issued By: KCK on 07/23/24 .
(Judge’s initials) (Date)
Ruling
JASON KRISTAL VS. TRILION CAPITAL FUND, LLC ET AL
Jul 22, 2024 |
CGC24613604
Real Property/Housing Court Law and Motion Calendar for July 22, 2024 line 4. DEFENDANT TRILION CAPITAL FUND, LLC, TCF PROPERTIES, LLC, DAVID WEINER DEMURRER TO COMPLAINT is continued to August 15, 2024 for the moving party to provide a courtesy copy of the moving papers and reply no later than July 23, 2024 with a cover letter reflecting new hearing date. (Opposition received). =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
MARSHALL vs SKYLINE DEVELOPMENT CO LLC
Jul 23, 2024 |
PSC1901112
Marshal v. Skyline
PSC1901112 Hearing on Motion to Tax Costs
Development Co LLC
Tentative Ruling:
This is a derivative action brought by certain homeowners in a planned community located in
Palm Springs, California. On February 13, 2019, Plaintiffs Gemma Marshall, Lynn Leskera, Mark
Matthews, Lori Matthews, Sandy Kaufman 4, and Dave Davidson, derivatively on behalf of
Pinnacle Owners Association, Inc. (collectively, “Plaintiffs”) filed their original “Member Derivative
Complaint” against Defendant Skyline Development Co. LLC (“Skyline”) for: (1) breach of
governing documents and (2) breach of fiduciary duty. After multiple demurrers and motions, on
January 3, 2023, Plaintiffs filed the operative Third Amended Complaint (“TAC”) against
Defendants Skyline Development Co., LLC, Jennifer Roberts, and David Gilbert (together
3
That motion was originally scheduled to be heard on July 10, 2024, but pursuant to an ex parte request by Plaintiff
the matter was continued and is set to be heard on September 18, 2024.
4
At some point, Lawrence Lichter was substituted in as trustee of the Sanford Kaufman Living Trust.
“Defendants”). The TAC asserts causes of action for: (1) breach of governing documents and
violation of the Davis-Stirling Act (I); (2) breach of governing documents and violation of the Davis-
Stirling Act (II); (3) breach of fiduciary duty of board director; (4) breach of fiduciary duty of
controlling shareholder; and (5) breach of fiduciary duty (supplemental). Thereafter, a demurrer
to the breach of fiduciary duty cause of action was sustained.
On April 10, 2024, the parties attended a Mandatory Settlement Conference (“MSC”) with Judge
Tam Nomoto Schumann (Ret.). At the MSC, the parties entered into a settlement agreement that
was conditioned on the signing of a formal written agreement, pursuant to which, among other
things, the parties would be responsible for their own costs. Following the MSC, the parties
exchanged drafts of a written agreement, but due to the introduction of additional terms, the
settlement fell apart.
On April 15, 2024, Lichter filed a request for dismissal of his claims against Defendants, and the
dismissal was entered the same day. On April 24, 2024, Defendants filed a memorandum of costs
seeking the recovery of $14,536.20.
***
Lichter moves to strike the costs sought by Defendants. He argues that the parties reached a
settlement agreement at the MSC, under which the parties would bear their own fees and costs.
He relied on this agreement in dismissing his claims, and Defendants are acting in bad faith by
seeking to recover costs. He also argues that Plaintiffs are the ones who realized their litigation
goals in the settlement, so they should be deemed the prevailing party. Finally, he argues that
costs should not be awarded against him because it is a derivative action and his claims are the
same as those brought by the other Plaintiffs.
In opposition, Defendants argue that at the MSC (which Lichter did not attend in violation of a
court order 5), the parties reached a conditional settlement that would become final once
formalized in writing. They argue that the written agreement never happened, so there is no
settlement. Despite this, Lichter voluntarily dismissed his complaint as to all Defendants, making
them the prevailing party. Finally, they argue that Lichter does not dispute the appropriateness of
any of the costs sought, so the motion should be denied entirely.
In reply, Lichter argues that Defendants are not the prevailing parties and it would be inequitable
to award costs against him.
Analysis
Under C.C.P. §1032(b), unless otherwise provided, “a prevailing party is entitled as a matter of
right to recover costs in any action or proceeding.” C.C.P. §1032(a)(4) defines prevailing party as:
(1) party with a net monetary recovery; (2) a defendant who is dismissed; (3) a defendant where
neither plaintiff nor defendant recovers anything; and (4) a defendant as against those plaintiffs
who do not recover any relief against that defendant. (Ibid.) “If any party recovers other than
monetary relief and in situations other than as specified, the “prevailing party” shall be as
determined by the court, and under those circumstances, the court, in its discretion, may allow
costs or not and, if allowed, may apportion costs between the parties on the same or adverse
sides pursuant to rules adopted under Section 1034.” (Ibid.)
The court has no discretion in awarding fees if the moving party falls into one of the four categories
set forth in C.C.P. § 1032(a)(4). (Michell v. Olick (1996) 49 Cal.App.4th 1194, 1198; see also,
Vons Cos., Inc. v. Lyle Parks Jr., Inc. (2009) 177 Cal.App.4th 823, 832 [“absent statutory authority,
‘the court has no discretion to deny costs to the prevailing party’”][citation omitted].) Additionally,
when a plaintiff voluntarily dismisses a complaint, the defendant is the prevailing party. (Santisas
5
Lichter was, however, represented by counsel at the MSC.
v. Goodin (1998) 17 Cal.4th 599, 606.) “This is true … regardless of whether the dismissal is with
or without prejudice.” (Cano v. Glover (2006) 143 Cal.App.4th 326, 331.)
In the present case, Lichter dismissed the action against Defendants. While he claims the parties
agreed that each party would bear their own costs, any such agreement was never formalized. 6
Accordingly, Defendants are the prevailing parties as to Lichter and are entitled to their costs.
Defendants seek to recover costs totaling $14,536.20.
C.C.P. § 1033.5(a) contains a list of items specifically allowed as recoverable costs, and §
1033.5(b) contains a list of items that “are not allowable as costs, except when expressly
authorized by law.” An item neither specifically allowable under subdivision (a) nor prohibited
under subdivision (b) may be allowed or denied in the discretion of the court if certain
requirements are satisfied. (C.C.P. § 1033.5(c)(4).) In particular, the item “shall be reasonably
necessary to the conduct of the litigation rather than merely convenient or beneficial to its
preparation” and “shall be reasonable in amount.” (C.C.P. § 1033.5(c)(2) and (3).) Objection to
any item or items on the cost memorandum may be made by filing and serving a noticed motion
to tax cost. (C.C.P. § 1034; CRC 3.1700 (b)(1).)
If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking
to tax costs to show that they were not reasonable or necessary. (Ladas v. California State
Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-774.) “A verified memorandum of costs is
prima facie evidence of their propriety,” and the opposing party has the burden to demonstrate
that they are not proper. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266.) A verified
memorandum does not require copies of bills, invoices or other documentation to be attached.
(Id. at 1267.) If the items are properly objected to, they are put in issue and the burden of proof is
on the party claiming them as costs. (Ladas, supra, 19 Cal.App.4th at 774.)
Here, Defendants filed a verified memorandum of costs. The costs sought (for filing and motion
fees, deposition costs, service of process, court reporter fees, and a discovery referee) appear to
be proper charges, and Lichter has not challenged any specific cost. Accordingly, Defendants are
awarded costs totaling $14,536.20.
Ruling:
Deny the motion. Award costs to Defendants in the amount of $14,536.20 to be paid by Lichter.
6
If Lichter contends the dismissal was erroneously filed, he can seek to vacate the dismissal.
Ruling
VEGA VS GAGNI
Jul 19, 2024 |
MSC19-02639
MSC19-02639
CASE NAME: VEGA VS GAGNI
HEARING ON DEMURRER TO: BAY AREA ESCROW DEMURRER TO PLAINTIFF'S S.A.C FILED BY BAY
AREA ESCROW SERVICES
FILED BY:
*TENTATIVE RULING:*
Introduction
Before the Court is Defendant Bay Area Escrow Services (“Bay Area Escrow”)’ Demurrer. The
Demurrer relates to Plaintiff Roman Vega (“Vega”)’s Complaint for five contract and fraud related
causes of action.
For the following reasons, the Demurrer is sustained with leave to amend. Plaintiff Roman Vega
shall have until August 8, 2024 to amend.
Meet and Confer Requirement
On February 7, 2024, Defendant’s counsel and Plaintiff’s counsel met and conferred over the
telephone regarding Defendant’s intent to file a demurrer and Defendant’s counsel sent an email to
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 2 SITTING IN 18
JUDICIAL OFFICER: GINA DASHMAN
HEARING DATE: 07/19/2024
Plaintiff’s counsel with a summary of their conversation. (Rood Decl. at ¶¶ 3-4.) Mr. Rood requested
more time to consider the issues and on February 20, 2024, Mr. Rood sent an email to Defendant’s
counsel stating that he expects Defendant to file a demurrer. (Rood Decl. at ¶¶ 6-7.) Thus,
Defendant’s meet and confer requirement has been satisfied.
The Second Amended Complaint
Defendant Joly Gagni is a real estate investor who purchased 1341 Rosemary Lane in Concord (the
Property) with the intent to remodel and sell it. (SAC ¶ 2.) Title to the Property was taken in the name
of Sierra Capital Investments, LLC, which was owned and operated by Gagni. (¶ 2.) Gagni added
plaintiff Roman Vega as an LLC member for the purchase of the Property and solicited funds from
Vega for the down payment. (¶¶ 2-3.)
Vega provided $80,000 as initial funds for the purchase of the Property. (¶ 4.) The parties agreed that
Vega would be reimbursed this amount from the net proceeds of the sale of the Property, and the
rest of the proceeds would be split evenly between them. (¶ 4.)
Under the agreement, Gagni was required to supervise and fund the remodeling of the Property,
which she failed to do. (¶ 5.) Vega was required to invest additional funds for the remodeling. (¶ 5.)
As the property was being offered for sale, Gagni attempted to take all the net proceeds for herself.
(¶ 6.) In response, Vega filed this action and recorded a lis pendens. (¶ 6.) The parties agreed the lis
pendens would be withdrawn, allowing for the Property to be sold, while the sale proceeds remained
in an escrow opened with Bay Area Escrow. (¶ 6.) Net proceeds in the amount of $76,579.04 were to
be retained by Bay Area Escrow, pending a written agreement of the parties or a judgment. (¶ 6.)
Vega alleges that Bay Area Escrow was required to retain the sale proceeds in escrow and could not
act on any request to disburse the funds unless all parties agreed in writing. Vega alleges Bay Area
Escrow breached its contract with the parties and committed negligence when it allowed Gagni to
unilaterally withdraw the funds from escrow. (¶ 7.)
Vega filed the original complaint naming Gagni and Sierra Capital Investments on December 18, 2019.
Vega executed the subject escrow instructions on December 20, 2019. Vega amended his complaint
to name Bay Area Escrow on August 15, 2023. The parties stipulated to the filing of the second
amended complaint (SAC). Bay Area Escrow then filed this demurrer to SAC claiming that Vega’s
causes of action for negligence and breach of contract are barred by a one-year limitations period in
the escrow instructions. Vega filed a notice of non-opposition to the demurrer and requesting leave
to amend. Bay Area Escrow filed a reply in which it objected to Vega’s request to amend, claiming
Vega had not met his burden to show the defect in the statute of limitations could be cured by
amendment.
Legal Standard
“The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 2 SITTING IN 18
JUDICIAL OFFICER: GINA DASHMAN
HEARING DATE: 07/19/2024
Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal. App. 4th 1413, 1420.) A complaint “is sufficient if it
alleges ultimate rather than evidentiary facts” (Doe v. City of Los Angeles (2007) 42 Cal. 4th 531, 550),
but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and
with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the
plaintiff’s claim. (Doheny Park Terrace Homeowners Assn., Inc. v. Truck Ins. Exchange (2005) 132 Cal.
App. 4th 1076, 1099.) Legal conclusions are insufficient. (Id. at 1098–1099; Doe at 551, fn. 5.) The
Court “assume[s] the truth of the allegations in the complaint but do[es] not assume the truth of
contentions, deductions, or conclusions of law.” (California Logistics, Inc. v. State of California (2008)
161 Cal. App. 4th 242, 247.)
Analysis
The escrow instructions attached to the SAC provide for a one-year contractual limitations period
from the close of escrow.
STATUTE OF LIMITATIONS: the instructions contained in these general provisions and any
supplemental instructions shall be construed and interpreted according to California law. NO
ACTION SHALL LIE AGAINST ESCROW HOLDER FOR ANY CLAIMS, LOSSES, LIABILITY OR
ALLEGED CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, HOWEVER CAUSED OR
OCCURRED IN THIS ESCROW TRANSACTION OR IN CONNECTION WITH THE HANDLING OR
PROCESSING OF THIS ESCROW TRANSACTION, UNLESS BROUGHT WITHIN TWELVE 12
MONTHS AFTER THE CLOSE OF ESCROW OR ANY CANCELLATION OR TERMINATION OF
ESCROW FOR ANY REASON WHATSOEVER.
(SAC Ex. D, ¶ 13.)
Bay Area Escrow argues the escrow closed no later than June 8, 2021 because this is the date the new
owners of the Property recorded their deed. As Vega did not file this lawsuit until August 15, 2023,
Bay Area Escrow claims that all causes of action in the complaint are time-barred.
"A demurrer based on a statute of limitations will not lie where the action may be, but is not
necessarily, barred. [Citation.] In order for the bar of the statute of limitations to be [] raised by
demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not
enough that the complaint shows that the action may be barred." (Guardian N. Bay, Inc. v. Superior
Ct. (2001) 94 Cal. App. 4th 963.)
Here, no defect in the statute of limitations appears on the face of the SAC or any judicially noticeable
matter. Bay Area Escrow provides a Lexis Nexis printout purporting to show that escrow closed by
June 8, 2021, which is the date the new owners of the Property recorded their deed. (See Def.’s RJN,
Exh. 1.) This document is extrinsic to the SAC and not the proper subject of judicial notice under
Evidence Code section 452(d).
As a result, the Court might have found that Bay Area Escrow was limited to making its objection by
answer under CCP section 430.30(b). However, Vega has specifically requested leave to amend the
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
MARTINEZ, CA
DEPARTMENT 2 SITTING IN 18
JUDICIAL OFFICER: GINA DASHMAN
HEARING DATE: 07/19/2024
SAC to address the issues raised in the demurrer. While Vega did not meet their burden by failing to
show how the defects in the SAC can be cured (Reply at p. 2: 19-25), “[L]iberality in permitting
amendment is the rule, if a fair opportunity to correct any defect has not been given." (Angie M. v.
Superior Court (1995) 37 Cal. App. 4th 1217, 1227.) When the Complaint, liberally construed, can
state a cause of action under any theory or there is a reasonable possibility that amendment could
cure the defect, it is an abuse of discretion for a judge to deny leave to amend. (JP Morgan Chase
Bank, N.A. v Ward (2019) 33 Cal. App. 5th 678, 684.) If Vega has not had an opportunity to amend the
Complaint in response Demurrer, leave to amend should be liberally allowed as a matter of fairness,
unless the Complaint shows on its face that it cannot be amended. (City of Stockton v Superior Court
(2007) 42 Cal. App. 4th 730, 747; Align Technol. Inc. v Tran (2009) 27 Cal. App. 4th 197, 216.)
Accordingly, Vega’s request to amend is granted.
Ruling
HAUT vs BUSH
Jul 24, 2024 |
CVRI2401221
MOTION TO COMPEL ARBITRATION
CVRI2401221 HAUT VS BUSH
BY KEVIN BUSH, SEABOARD INC.
Tentative Ruling: Grant motion to compel arbitration and stay action as to these Defendants
pending completion of arbitration.
Preview
IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA. CASE NO.: 29-2008-CA-027456 WILMINGTON TRUST COMPANY, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE, FOR THE BENEFIT OF REGISTERED HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2007-AR3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR3, Plaintiff, vs. SHAWN AARON; UNKNOWN SPOUSE OF SHAWN AARON; CHEVEL WEST COMMUNITY ASSOCIATION; STATE OF FLORIDA DEPARTMENT OF REVENUE; UNKNOWN TENANT #1; UNKNOWN TENANT #2, Defendants. / PLAINTIFF’S NOTICE OF FILING DOCKETS Plaintiff, WILMINGTON TRUST COMPANY, SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE, FOR THE BENEFIT OF REGISTERED HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS Il TRUST 2007-AR3, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR3 (“Plaintiff”), hereby files the attached dockets for the above-styled case: e Docket dated April 2, 2013 e Docket dated May 30, 2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 Plaintiff's Notice of Filing Dockets Case No.: 29-2008-CA-027456 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail, on this 7 day of November, 2013 to the following: D. Rand Peacock, Jr., Esq. Rand Peacock, P.A. Attorney for Defendant 5716 5" Avenue North St. Petersburg, FL 33710 ‘and@peacock-law.com Gutman Skrande, Esq. Wargo French LLP Co-Counsel for Plaintiff 201 S. Biscayne Blvd., Floor 28 Miami, FL 33131-4309 yskrande@wargofrench.com GREENSPOON MARDER, P.A. TRADE CENTRE SOUTH, SUITE 700 100 WEST CYPRESS CREEK ROAD FORT LAUDERDALE, FL 33309 Telephone: (954) 491-1120 Facsimile: (954) 343-6266 Heather.Craig@gmlaw.com GMForeclosure@gmlaw.com eather E Taig i lorida Bar No. 62198 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 Page | of 5 ‘Skio to Main Content Logout My Account Search Menu New Civil Search Refine Search Back Location : Hi'sborough County. FL Helo CASE SUMMARY Case No. 08-CA-027456 CITIBANK N A VS AARON;S Case Type: Mortgage Foreclosure Date Filed: Wet Division M Judicial Otticer Div M, Senior Judge Unilorm Case ‘Number -A027456A001HC PARTY INFORMATION Defendant AARON, SHAWN aN ‘PEACOCK, Jr 7 ao. 5719(W) PROSE Retained Defendant (CHEVEL WEST COMMUNITY ASSN COURTENAY S. TERRELL 813-221-9600(W), KEITH WILLIAM MEEHAN: 813-221-9600(W) Defendant Florida State Department of Revenue Plaintit CITIBANK NA MARISOL MORALES 305-698-5839(W) EDMUND OSCAR LOOS, II 407-425-6559(W) LORI A SOCHIN 305-579-0637(W) TENNILLE M. SHIPWASH 954-491-1 12000) Events & ORDERS OF THE COURT, OTHER EVENTS AND HEARINGS 11/18/2008] COMI USER ID2STAFORDM CITIBANK NA 11/18/2008] CIVIL COVER SHEET R ID2STAFORDM Party: CITIBANK NA 11/18/2008] LISPI USER ID2STAFORDM CITIBANK NA 11/18/2008] SUMMONS ISSUED 6, USER. ie STAFORDM 11/21/2008] CONVERT! ReGen 21-NOV-2008,$362.50, PT 2 User Id = STAFORDM, ReceiptNo = 1447339. USER ID=STAFORDM : CITI 12/02/2008] ANSWER AND DEFENSES GHEVAL WEST COMMUNITY ASSOCIATION, INC. USER !D=NEWSOMEF L WEST COMMUNITY 12/12/2008} suntan RETURNED SERVED FLORIDA DEPARTMENT OF REVENUE 11/25/08. USER 1D2>GRAHAMD 12/12/2008} suMtON REED Now se SERVED ‘OFSI IWN AARON 12/8/08. USER !D2GRAHAMD 12/12/2008} SUMMONS RGTURNED. RE SERVE AARON 12/8/08. USER 1D2GRAHAMD http://pubrec 10. hillsclerk.com/CaseDetail.aspx ?CaseID=23 15007 4/2/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 Page 2 of 5 12/12/2008] SUMMONS RETURNED NOT SERVED TENANT #2. USER ID=GRAHAMD 12/12/2008] SUMMONS PEND, NOT. ‘#1, USER ID2GRAHAMD 12/12/2008) SUMMONS, RETURNED WEST COMMUNITY ASSOCIATION 11/26/08. USER IDsGRAHAMD 12/29/2008} SHAWN AARON. USER ID=MCBRIDEKA 05/22/2009] NOTICE OF APPEARANCE HIAWN ARRON. USER !D2GRAHAMD 05/22/2009] ANSWER AND DEFENSES OF AARON. USER ID2GRAHAMD 05/22/2009] MOTION TO AMEND: Al WER ANSWER | an DEFEDANT SHAWN AARON WITH SUPPORTING MEMORANDUM OF LAW. USER IO=MANNTI 06/11/2009] NOTICE OF DROBPING PAI P WN SPOUSE OF SHAWN AARON, UNKNOWN TENANT# 1 AND UNKNOWN TENANT# 2. USER {Do VIRGILS Party: CITIBANK NA 06/11/2009} cEAIEICATE OES UMET ANCE WITH FORECLOSURE PROCEDURES 06/1 1/2009} worn FOR SUMMARY JUDGMENT 06/11/2009] area OFNNON MILITARY i SERVICE 06/1 1/2009} nonce OF FILING "IDAVITS. USER ID=JUNE 06/1 1/2009] AFFIDAVIT AS TO ATTORNEY FEES 06/1 1/2009] AFFIDAVIT OF ATTORNEY 'IFF'S ATTY. USER IDeJUNE 06/11/2009} AoW). AS TOCOSTS: 06/11/2009) Morn POR DEFAULT AND DEFAULT ENTERE! OF FLORIDA DEPT. OF | ;. USER !OsMAHER vida Stato Department of Revenue 07/13/2009] CONVERTED - REQ FOR PRODUCTION OF DOCUMENT. USER !DaMCKENZIEA 07/13/2009} Feo FOR ADMISSIONS 07/13/2009} nomic OF FILING 'T DISCOVERY REQUEST AND QUALIFIED WRITTEN REQUEST NOT ATCHD. USER ID>MCKENZIEA 07/13/2008) CORRESPON ANN S PELLEGRINO ESO. USER IDeMCKENZIEA 07/12/2009] INTERROGATORIES USER ID@MCKENZIEA 07/16/2009] NOTICE OF L NOTE, ORIGINAL RECORDE MORTGAGE AND RECORDED ASSIGNMENT OF MORTGAGE. USER I1D2GRAHAMD 08/24/2009] AFFIDAVI LING. USER IDeMCKENZIEA 08/24/2003} REQUEST FOR PRODUCTION USER ID=MALLARI 08/24/2009} NOTICE OF SERVICE OF INTERROGATORIES 08/24/2009) nesPONsE re Reguest TO PRODUCE 08/24/2009) response TO REQUEST FOR ADMISSIONS MALLARI 08/24/2009} MOTION TO STRIKE ‘FENDANTS AMENDED AFFIRMATIVE DEFENSES. USER ID-MANNTI , CITIBANKNA 10/02/2009] NOTICE OF FILING ‘OF AMOUNT DUE ATCHD. USER ID=>MCKENZIEA 10/02/2009} AFFIDAVIT (OF AMOUNT QUE USER ID: 10/14/2009] NOTICE OF: Senvice OF ANSWERS TO INTERROGATORIES 11/04/2009] AFFIDAVIT LING. USER IDeMALLARDJ 11/09/2009] NOTICE OF APPEARANCI J>MALLARDJ ty: AARON, SHAWN: 11/09/2009} request FOR PRODUCTION 11/23/2009} cOnRESPoNDEN SLLEGRINO, ESO., USER ID=MELVINLA AARON, Se 11/23/2009) CONVERTED SeNOTICE. OF WITHDRAWL. MOTION/NOTICE TO WITHDRAW ATTORNEY ANN SMITH PELLEGRINO. USER ID=MELVINLA ye AARON. ‘SHAWN 11/23/2009] AFFID: MAILING. USER ID2NEWSOMEF 01/08/2010] ORDER ON - TO-FOR TO WITHDRAWAS COUNSEL 01/08/10 RAF. USER IDsMARTNEZ 03/02/2010] RESPONSE TO REQUESTTO PRODUCE http://pubre1 c 0.hillsclerk.com/CaseDetail.aspx ?CaseID=23 15007 4/2/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 Page 3 of 5 08/25/2010| AGREED ORDER: DEFENDANT MOTION TO AMEND ANSWER IS GRANTED DEFENDANT WILL SERVE AN AMENDED ANSWER AND ANY AMENDED TIVE DEFENSES WITHIN 20 DAYS PLAINTIFF MOTION TO STRIKE IS DEEMED MOOT 8/23/10 JAP. USER IDoMCKENZIEA 09/21/2010} moron, ‘De AA GEMENT OF TIME 02/22/2011) ORDER FOR ENLARGEMENT OF TIME REED ORDER / GRANTED 20 DAYS 02/21/11 AS. USER IDaMANGUALLI 04/13/2011 AMENDED ANSWER \RON. USER ID=GRAHAMD 06/01/2011 CORRESPONDENCE MARDER, P.A. RE: NOTICE OF CHANGE OF FIRM ATTORNEY OF RECORD. USER ID2MANGUALLI 06/01/2011] CONVERTED 19 - NOTICE OF CHANGE OF ATTORNEY. OF RECORD FOR PLTF TENNILLE SHIPWASH, ESQ. USER 1D=MANGUALLI 07/27/2011] MOTION FOR SUMMARY JUDGME! MANN} P: BANK NA 01/19/2012] RETURNED MAIL TICE OF HEARING 02/23/2012] WITNESS AND EXHIBIT LIST 02/27/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle ) NUT 6/12 GAM AT 2020/12 04/10/2012) nonce “OF CHANGE CHAN OF ADDRESS OF COUNSEL oar 04/17/2012] MOTION TO WITHDRAW AARON, SHAWN, 04/17/2012] NOTICE ISCHARGEAS COUNSEL FOR SHAWN AARON 04/20/2012] En MARISOL MORALES ESQ. FROMD. RAND PEACOCK, JR 04/20/2012] RS NNO TA E oaw 04/20/2012] NOnIeE OF MEDIATION CONFERENCE TERAL 5/11/12 AT 1:30 PM 04/20/2012} vere TO CLERK FROM RAND PEACOCK JR 04/20/2012) nonce OF APPEARANCE \RON, SHAWN 04/25/2012] CORI 04/25/2012] CROSS: NOTICE a HEARING S212 Ai 08/02/2012] NOTICE OF MEDIATION CONFERENCE MAY 11, 2012 1:30PM AMENDED UNILATERAL 05/07/2012] verTeR TO CLERK FROM EACOCK, JR. 05/07/2012} EMERGENCY MOTION L PRE-TRIAL DEPOSITIONS EXHIBIT ATTACHED : AARON, SHA\ 05/07/2012] euenenty MOTIO! it wrenaa DEPOSTIONS EXHIBIT ATTACHED 05/07/2012] noniee oF APPEARANCE UNAVAILABILITY 7: AARON, SHAWN 05/07/2012 ere =D ROSS, ESQ. FROM D. RAND PEACOCK JR. 05/09/2012} onpeR re, WITHDRAWAL OF COUNSEL (Judicial Oicer§ ‘Sisco, Michelle ) SHAWN AARON DISCHARED Wd BARNESPA 05/15/2012} meDihmion RESULTS REPORT 06/01/2012! naniceooF, AOR RANCE 06/21/2012] NoTIge oF PRODUCTION 06/21/2012] LETTER RAND PEACOCK 07/09/2012] MOTION FOR EXTENSION OF TIMI SPOND ANDSOR OBJECT TO SUBPOENA DUCES TECUM TO STRUCTURED ASSET MORTGAGE. INVESTMENTS It INC. 07/19/2012] ORDER Serna sPaE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle ) NT art OAM PT 6/1: : 08/18/2012 07/20/2012} LETTER 170 CLERK ¢ roe 07/20/2012] arnoavn OF SeuiceSe RETURNED SEI IRED ASSET MORTGAGE INVESTMENTS, II INC bate Sewed: 07/10/2012 07/22/2012] OBJECTI SUBPOENA DUCES TECUM TO STUCTURED ASSET MORTGAGE INVESTMENTS 1! INC 08/24/2012] NOTICE OF ED COPY con OF ASSIGNMENT OF MORTGAGE - ATTACHED 24/2012] NOTICE TIFIED COPY COP? OF DEPOSITION OF GREGORYN, ALLEN - ATTACHED 08/24/2012| NOTICE OF MOTION TO TAKE JUDICIAL NOTICE OF ASSIGNMENT OF MORTGAGE - ATTACHED http://pubrec10.hillsclerk.com/CaseDetail.aspx ?CaselD=23 15007 4/2/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 Page 4 of 5 08/24/2012! MOTION FOR FINAL JUDGMENT ly: AARON, SHAWN 08/24/2012! seed DOCKET TEXT RY SUBMISSIONS IN SUPPORT OF THIS MOTION FOR FINAL JUDGMENTOF FORECLOSURE EXHIBITS ATTACHED 09/05/2012! MOTIONTO : IE NON JURY TRIAL IBANK NA 09/05/2012] IDED WITNESS LIST 09/06/2012] NOTICE OF FILING APOSTILLE 9/5/12 - ATTACHED 09/06/2012) OBYJI UNTIFF'S WITNESS 09/07/2012} OES TONATION OF EMAL ADDRESS ‘MANDATORY EMAIL SERVICE RULE /PRIMARY AND SECONDARY 09/10/2012} DESIGNATION OF EMAIL ADDRESS: TO FLA.R.JUD. ADMIN. 2.516 09/13/2012] ORDER GRANTING (Judicial Officer: Sisco, 3 ORE TENUS MOTION FOR LEAVE TO AMEND COMPLAINT / DEFT 10 DAYS igned: 09/1; 09/14/2012! ON EOTIONFOR I cil ow Sisco, Michelle ) PLTFS WITNE: 09/14/2012) ORDER rants MOTION uc TO - FOR (Judicial Officer: Sisco, Michelle ) AMEND COMI 2 ean 09/18/2012] MOTION FOR EXTENSION OF TI FILE AMENDED COMPLAINT EXHIBITS ATTACHED arty: CITIBANK NA 09/18/2012] AMENDED COMPLAINT 09/19/2012] ANSWER AND AFFIRMATIVE DEFENSES SQUEST FOR AFFIRM RELIEF CHEVEL WEST COMMUNITY ASSN: 09/19/2012] AMENDED WITNESS LIST 09/21/2012] NOTICE OF APPEARANCE [DMUND O LOOS I! ESQ Party: CITIBANK NA 09/21/2012] DESIGNATION OF EMAIL ADI 09/24/2012] MOTION TO DISMISS AMENDED COMPLAINT AARON, SHAWN, 10/05/2012} ae ae MOTION TO- FOR RON, SHAWN: 10/08/2012 ORDER DENYING MO’ ISMISS- 20 DAYS-MS 10/8/12 10/08/2012] NOTICE OF FILIt POWER OF ATTY - ATTACHE! 10/12/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Olficer: Judge, Presiding ) ‘2/18/13 GAM PT 2/11/13 330PM te 2: 10/12/2012 10/12/2012] JUDGE'S COPIES OF PLEADINGS 10/29/2012] ANSWER AND AFFIRMATIVE DEFENSES . HAN ACOt 10/30/2012) aNeweR AND AFFIRMATIVE DEFENSES Per ARON, SHAWN . RAND,Jr 11/08/2012) noniee DEPOSITION OF TRIAL WITH 11/09/2012] AMENDED NOTICE OF TAKING DEPOSITION OF 11/26/2012] REPLY TO AMTIAMATIVE DEFENS! & MOTION TO STRIKE THE AFFIRMATIVE DEFENSES OF DFOT, SHAWN AARON EXHIBITS ATTACHED 7: CITIBANKNA 12/11/2012 OBsESTION ‘OF DEPOSITION OF MARILYN LEA 12/21/2012] REQUEST FOR PR INDANT’S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS 01/18/2013] MOTION FOR EXTENSION SSPOND TO. DEPENDANT $ 2ND REQUEST FOR PRODUCTION CITIBANK 01/18/2013} nonce OF CHANGE OF ADDRESS OF COUNSEL =NCI 1 S BISCAYNE BOULEVARD, SUITE 1000, MIAM! FL 33131 01/18/2013} MOTION FOR SUMMARY JUDGMENT 01/22/2013] MOTION FOR EXTENSION OF TIME SSPOND TO DFDT 2ND REQUEST FOR PRODUCTION ITIBANK 01/22/2013} NOTICE OF CHANGE OF ADDRESS OF COU! ‘& FRENCH, LLP 201 S. BISCAYNE BOULEVARD, SUITE 1000 MIAMI, FL 33131 PHNOE: 305-777-6000 FAX: 305-777-6001 01/25/2013] MOTION FOR SUMMARY JUDGMENT ;CTED DFDT'S AMENDED Party: AARON, SHAWN http://pubrec 10. hillsclerk.com/CaseDetail.aspx ?CaseID=23 15007 4/2/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6 Page 5 of 5 01/30/2013] RESPONSE IN OPPOSITION TO. DFTO'S AMENDED MOTION FOR FINAL SUMMARY JUDGMENT EXHIBITS ATTACHED 02/01/2013] MOTION TO COMPE! Pane SR a SauBITS ATTACHED 02/01/2013} MOTION tosTake YN FLEA as. we WITNESS / EXHIBITS ATTACHED Party: AARON, SHA\ 02/04/2013) RESPONSE TO REQUEST FOR PRODUCTION 02/07/2013] NOTICE OF FILING ‘LAW IN OPPOSITION TO DEF'S MOTION TO STRIKE TRIAL WITNESS - COPY ATTACHED 02/09/2013] RESPONSE OF CASE LAW IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE MARILYN F. LEA AS TRIAL WITNESS 02/11/2013] DESIGNATION TO COURT REI 02/25/2013] OBJECTION EMERGENCY /TO EXCLUDE JUDGE FOR NON-COMPLIANCE WITH ADMINISTRATIVE ORDER S-2012-053 AARON, 02/25/2013} nope a oaoona. 13 THROUGH 03/1: 02/25/2013} ORDER GRANTING 6 MOTION TO - FOR {Judicial Officer: Div M, Senior Judge ) 3ET TRIAL IN DIVISI 02/26/2013] NOTICE OF NON-AVAILABILITY DOUGLAS RAND PEACOCK, JR, ESQ / JAN, 25TH, MARCH 3RD, AUG. 6TH, SEPT, 30TH ANY YEAR / WEEK OF MARCH 25-29, MAY 23, 2013, WEEKON NOV. 25-29, 02/27/2013] name oF NON-AVAILABILITY 02/28/2013) Novice OF NON AVAILABILITY THROUGH 03/12/13 02/28/2013] AMENDED Exwier List 02/28/2013} ee WITNESS LIST HRD 03/04/2013} enERGENEY MOTION NE awn 03/07/2013} onsea GRANTING MOTION Mi TO - FOR (Judicial Officer: Div M, Senior Judge ) 03/08/2013| ORDER GRANTING MOTION TO - FOR (Judicial Officer: Div M, Senior Judge ) TAIAL (AMENDED) 2: 03/08/201: 03/15/2013] MOTION IN LIMII TION IN LIMINE TO PROHIBIT INTRODUCTION OF TESTIMONY AARON, SHAWN 03/25/2013] EMERGENCY MOTION ‘COMPEL DEPOSITION OF DEF. Party: CITIBANK NA 03/28/2013] RESPONSE RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DEPOSITION FINANCIAL INFORMATION Plaintift CITIBANK NA 362.50 Total Financial Assessment 362.50 Total Payments and 0.00 Balance Due as of 04/02/2013 11/18/2008 ‘Transaction Assessment 1.00 ‘Transaction Assessment 0.50 11/18/2008 3.50 11/18/2008 Transaction Assessment 80.00 11/18/2008 | Transaction Assessment 5.00 11/18/2008 | Transaction Assessment 15.00 11/18/2008 ‘Transaction Assessment ‘Transaction Assessment 195.00 11/18/2008 11/21/2008 | Transaction Assessment 60.00 11/21/2008 Transaction Assessment (382.50) 1121/2008! tn person payment Receipt # 1447339 CITIBANK NA Unoiticial Record http://pubre c10 hillsclerk.com/CaseDetail.aspx?CaselD=23 15007 4/2/2013 11 Electronically Filed: Hillsborough County/13th Judicial Circuit Page 7 Page | of 5 ‘Siup to Main Content Logout My Account Search Menu New Civi Search Refine Search Back Location : Hi'sborough County. FL Help CASE SUMMARY Case No. 08-CA-027456 CITIBANK N A VS AARON;S Case Type: Mortgage Foreclosure DateFi 11/21/2008 Division M Judicial Officer: Div M, Senior Judge Uniform Case Number: 292008CA027456A001HC PARTY INFORMATION. Attorne Defendant AARON, SHAWN: RAND PEACOCK, Jr 7EraB0S7 1900) PROSE Retained Defendant CHEVEL WEST COMMUNITY ASSN ey ‘S. TERRELL seen 221 3600(W) ioe iLLIAM MEEHAN organ79600(W) Defendant Florida State Department of Revenue Plaintitt CITIBANK NA MARISOL MORALES: 305-698-5839(W) EDMUND OSCAR LOOS, Ill 407-425-6559(W) Loni ASO SOCHIN 308:570-069700) ‘TENNILLE M. SHIPWASH 954-491-1120(W) EVENTS & ORDERS OF THE COURT OTHER EVENTS AND HEARINGS: 11/18/2008) COM A ID=STAFORDM CITIBANK NA 11/18/2008) CIVIL COVER SHEET USER ID=STAFORDM CITIBANK NA 11/18/2008] LIS PENDENS )eSTAFOROM CITIBANK NA 11/18/2008) SUMMONS ISSUED ER lo=STAFORDM 11/212008| conv CPT RECEIPT C21-NOV-2008,$362.50, User Id « STAFORDM, Receipt No « 1447339. USER ID2STAFORDM CITIBANK 12/02/2008} ANSWER ANDA DEFENSESOF ‘COMMUNITY ASSOCIATION, INC. USER IDsNEWSOMEF GHEVEL WEST COMMUNITY ASSN 42/12/2008| SUMMONS RETURNED SER! STATE OF FLORIDA DEPARTMENT ‘OF REVENUE 11/25/08. USER 1D2>GRAHAMD- 12/12/2008] SUMMONS: PRED NOT SERVED FOF SHAWN AARON 12/8/08. USER 1D=GRAHAMD 12/12/2008} SUMMONS, RSTURNED ‘SER AARON 12/8/08. USER 'D=GRAHAMD http://pubrec10.hillsclerk.com/CaseDetail.aspx ?Casel D=23 15007 5/30/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 8 Page 2 of 5 12/12/2008 sO RETURNED NOT SERVED TENANT #2. USER !D2GRAHAMD 12/12/2008} suis PETURNED NOT SERVED #1, USER ID2GRAHAMD 12/12/2008 suiitons RETURNED n st 'T COMMUNITY ASSOCIATION 11/26/08. USER IDoGRAHAMD 12/29/2008) ‘SHAWN AARON. USER iD=MCBRIDEKA AARON,SI 05/22/2009] NOTICE OF APPEARANCE | ARRON. USER ID=GRAHAMD 05/22/2009] ANSWER AND DEFENSES OF }HAWN AARON. USER ID2GRAHAMD 05/22/2009} MOTION TO AMENt =R ANSWER BINCEFEDANT SHAWN AARON WITH SUPPORTING MEMORANDUMOF LAW. USER 1D=MANNTI AARON, 06/11/2009] NOTICE Sin DROPPING PARTY( P OF SHAWN AARON, UNKNOWN TENANT# 1 AND UNKNOWN TENANT # 2. USER ID=VIRGILS ” CITIBANK NA 06/11/2009] CERTIFICATE OF COMPLIANCE WITH FORECLOSURE PROCEDURES =NEl 06/11/2009] MOTION FOR SUMMARY JUDGMENT 06/11/2009] AFFIDAVIT OF NON MILITARY SERVICE 08/11/2009] NOTICE OF FILING “IDAVITS. USER !0=JUNE 06/1 1/2009] AFFIDAVIT AS TO ATTORNEY FEES IDaJUNE 06/11/2009] AFFIDAVIT OF ATTORNEY 'IFF'S ATTY. USER IO=JUNE 06/1 1/2009] AFFIDAVIT AS TO COSTS 06/11/2009] MOTION FOR DEFAULT AND DEFAULT ENTER! ‘STATE OF FLORIDA DEPT. OF REVENUE. USER !0=MAHER Florida State Department of Revenue 07/13/2009] CONVERTEDEV - REQFOR + PRODUCTION OF DOCUMENT. USER ID=MCKENZIEA 07/13/2009} Request FOR AOUISsiON' 07/13/2009} NOTICE OF FIRST DISCOVERY REQUEST AND QUALIFIED WRITTEN REQUEST NOT ATCHD. USER IDoMCKENZIEA 07/13/2009) CORRESPONDENCE EGRINO ESO. USER 1D=MCKENZIEA 07/13/2008) INTERROGATORIES A IDsMCKENZIEA 07/16/2009} NOTICE OF RECORDED MORTGAGE AND PAYMENT RIDER, FIXED/ADJUS TABLE RATE RIDER USER !02GRAHAMD 08/24/2009) AOC. LING. USER IDoMCKENZIEA 08/24/2009) réauesr FOR PRODUCTION IDsMALLARDJ 08/24/2009) womce orse SeRvIce® OF INTERROGATORIES 08/24/2009} response mo 0 y REQUEST TO PRODUCE 08/24/2009} AESPONSE NORE REQUEST FOR ADMISSIONS ER ID=MALLARDJ 08/24/2009] MOTION TO STRIKE SNDANTS AMENDED AFFIRMATIVE DEFENSES. USER ID=MANNTI Party: CITIBANK NA 10/02/2009} Norice ‘OF FILING “IDAVIT OF AMOUNT DUE ATCHD. USER IDeMCKENZIEA 10/02/2009) ASEDAVIT OF AMOUNT QUE 10/14/2009] NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES 11/04/2009] AFFIDAVIT MAILING. USER IDoMALLARDJ 11/09/2009] NOTICE OF APPEARANCE MALLARDS AARON, SHAWN 11/09/2009] REQUEST FOR PRODUCTION 11/23/2000] CORRESPONDENCE NN S. PELLEGRINO. ESQ.. & USER ID=MELVINLA Pary: AARON. § 11/23/2009} CO! 1020 - SO ROTICE OF WITHDRAWL. MOTION/NOTICE TO WITHDRAW ATTORNEY ANN SMITH PELLEGRINO. USER ID=MELVINLA ; AARON, SHAWN 11/29/2009| AFFIDAVI MAILING. USER ID2>NEWSOMEF 01/08/2010] ORDER ON - TO - F' WITHDRAW AS COUNSEL 01/08/10 RAF. USER ID>MARTNEZ 03/02/2010] RESPONSE TO REQUEST TO PRODUCE ML http: Hipubrect hillsclerk.com/CaseDetail.aspx?CaseID=23 15007 5/30/2013 1/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 9 Page 3 of 5 08/25/2010] AGREED ORDER TO AMEND ANSWER IS GRANTED DEFENDANT WILL SERVE AN AMENDED ANSWER AND ANY AMENDED TIVE DEFENSES WITHIN 20 DAYS PLAINTIFF MOTION TO STRIKE IS DEEMED MOOT 8/23/10 JAP. USER !D=MCKENZI 09/21/2010] MOTION FOR ENLARGEMENT OF TIME R IDsKANTAKI 02/22/2011] ORDER FOR ENLARGEMENT OF TIME SIE tibia GRANTED 20 DAYS 02/21/11 RS. USER ID=MANGUALLI 04/13/2011] AMENDEDAl ‘AARON. aFON. USER 1D=GRAHAMD 06/01/2011] CORRESPONDEN! :ENSPOON MARDER, P.A. RE: NOTICE OF CHANGE OF FIRM ATTORNEY OF RECORD. USER 10>MANGUALLI 06/01/2011] CONVERTED EVI 19 - NOTICE OF CHANGE OF ATTORNEY. OF RECORD FOR PLTF TENNILLE SHIPWASH, ESQ. USER ID2MANGUALLI 07/27/2011) momen FOR SUMMARY JUDGMENT ay, CITIBANK NA 01/19/2012} RETURNED MAIL TICE OF HEARING 02/23/2012] WITNESS AND EXHIBITLI: 02/27/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle ) NST 6/1/12 9AM PT 2/23/12 11. 2: 04/10/2012] NOTICE OF CHANGE OF ADDRESS OF COUNSEL 1 04/17/2012] MOTIONTO WITHDRAW AARON, SHAWN 04/17/2012] NOTICE DISCHARGEAS COUNSEL FOR SHAWN AARON 04/20/2012] LETTER MARISOL MORALES ESQ. FROMD. RAND PEACOCK, JR 04/20/2012] EMERGENCY "INUE TRIAL RON,SI 04/20/2012 NoTice OF MEDIATION CONFERENCE TERAL 5/11/12 AT 1:30 PM 94/20/2012! ereR Bo CLERK FROM 04/20/2012] nonce Of a APPEARANCE RON, SHAWN: 04/25/2012 CORRESPONDENCE 04/25/2012] CROSS NOTICE OF HEARING Si2/12AT 9:45 AM 05/02/2012] NOTICE OF MEDIATION CONT Y11, 2012 1:30PM AMENDED UNILATERAL 05/07/2012] terre TO CLERK FRO! PEACOCK, JR. 05/07/2012! EMERGENCY MOTION COMPEL PRE-TRIAL DEPOSITIONS EXHIBIT ATTACHED 1, SHAWN: 08/07/2012] EMERGENCY MOTION :L PRE-TRIAL DEPOSTIONS EXHIBIT ATTACHED ‘SHA\ 05/07/2012) wong OF oF APPEARANCE ORARON, SHAWN 08/07/2012} LI RTO JARED ROSS, ESQ. FROMD. RAND PEACOCK JA. 05/09/2012} ORDER FOR WITHDRAWAL OF COUNSEL (Judicial Oboes: ‘Sisco, Michelle ) D, SHAWN AARON DISCHARED WJ BARNESPA ate 2: 05/08/2012 05/15/2012] MEDIATION RESULTS REPORT 06/01/2012} nomiceooF, APPEARANCE 06/21/2012} Ronee OFF PRODUCTION 06/21/2012! LETTER F EACOCK 07/09/2012] MOTION Fon EXTENSION OF TIME ‘oO RESPOND AND/OR OBJECT TO SUBPOENA DUCES TECUM TO STRUCTURED ASSET MORTGAGE INVESTMENTS It INC. CITIBANK NA| 07/19/2012] lonBek ‘SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Officer: Sisco, Michelle ) ‘9/10/12 9AM, PT 9/6/12 1030 AM 09/18/2012 07/20/2012] LETTER TO CLERK FROM 07/20/2012| AFFIDAVIT OF SERVICE RETURNED SER‘ ED ASSET MORTGAGE INVESTMENTS, 1 INC late Served: 07/10/2012 07/23/2012] OBJECTION IPOENA DUCES TECUM TO STUCTURED ASSET MORTGAGE INVESTMENTS 1! INC 08/24/2012] NOTICE OF “IED COPY OF ASSIGNMENT OF MORTGAGE - ATTACHED 08/24/2012] NOTICE OF FILING “IED COPY OF DEPOSITION OF GREGORY N. ALLEN - ATTACHED 08/24/2012! NOTICE OF Fil MOTION TO TAKE JUDICIAL NOTICE OF ASSIGNMENT OF MORTGAGE - ATTACHED http://pubrec 10. hillsclerk.com/CaseDetail.aspx?CaseID=23 15007 5/30/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 10 Page 4 of 5 08/24/2012] MOTION FOR FINAL JUDGMENT 08/24/2012] SEE DOCKET TEXT EVIDENTIARY SUBMISSIONS IN SUPPORT OF THIS MOTION FOR FINAL JUDGMENT OF FORECLOSURE EXHIBITS ATTACHED 09/05/2012] MOTION TO - Ft TINUE. NON JURY TRIAL NA 09/05/2012) AMI DED WITNESS UST 09/06/2012] NOTICE OF FILIN( TILLE 9/5/12 - ATTACHED 09/06/2012} COST PLAINTIFF'S WITNESS: 09/07/2012! besiananion ‘OF EMAIL ADDRESS [PLIANCE WITH NEW MANDATORY EMAIL SERVICE RULE /PRIMARY AND SECONDARY 09/10/2012} bestcnarion OF EMAIL ADDRESS }UANT TO FLA.R.JUD. ADMIN. 2.516 09/13/2012 onDER G (, ial Otticer: Sisco, Michelle ) 3 ORE TENUS MOTION FOR LEAVE TO AMEND COMPLAINT / DEFT 10 DAYS : 08/13/2012 09/14/2012| ORDER ON -TO - FOR (Judicial Officer: Sisco, Michelle ) OBJECTION TO PLTFS WITNE: 2: 09/14/201 09/14/2012] ORDER GRANTING MOTION TO - FOR (Judicial Officer: Sisco, Michelle ) Date 2: 09/14/2012 09/16/2012] MOTION FOR EXTENSION OF TIME FILE AMENDED COMPLAINT EXHIBITS ATTACHED CITIBANK NA 09/18/2012] AMENDED COMPLA! 2 09/19/2012] ANSWER AND AFFIRMATIVE DEFENSES REQUEST FOR AFFIRM RELIEF arty: CHEVEL WEST COMMUNITY ASSN 09/19/2012] AMENDED WITNESS LIST 09/21/2012] NOTICE OF APPEARANCE SDMUND O LOOS Il ESQ Party: CITIBANK NA 09/21/2012] DESIGNATION OF EMAIL ADDRESS 09/24/2012] MOTION TO DISMISS AMENDED COMPLAINT 10/05/2012} AMENDED MOTION TO- FOR 10/08/2012} onsen DENYING MOTIO! }- 20 DAYS-MS 10/8/12 10/08/2012] nonce OF TED POWER OF ATTY - ATTACH! 10/12/2012] ORDER SETTING PRE TRIAL AND NON JURY TRIAL (Judicial Olficer: Judge, Presiding ) NJT 2/18/13 SAM PT 2/11/13 330PM ite 2: 10/12/2012 10/12/2012] JUDGE'S COPIES OF PLEADINGS: 10/29/2012] ANSWER AND AFFIRMATIVE DEFENSES AARON, SHAWN 10/30/2012} ANSWER ano AFFIRMATIVE DEFENSES Par AARON, SHAWN , PEACOCK,RAND, Jr 11/08/2012 NoTIce TION OF TRIAL WITNES: 11/09/2012] AMENDED NOTICE OF TAKING DEPOSITION WAL 11/26/2012 REPLY 10 APFINMATIVE OI DEFENS! é MOTION TO STRIKE THE AFFIRMATIVE DEFENSES OF DFDT, SHAWN AARON EXHIBITS ATTACHED 7 CITIBANK NA 12/11/2012] osiecrion TICE OF DEPOSITION OF MARILYNLEA 12/21/2012 neque INDANT'S SECOND BEQUEST FOR PRODUCTION OF DOCUMENTS 01/18/2013} orion FOR EXTENSION Spon |TanDEFENDANTS: '2ND REQUEST FOR PRODUCTION 01/18/2013) womide or CHANGE OF ADDRESS OF COI '& FRENCH LLP20! S BISCAYNE BOULEVARD, SUITE 1000, MIAMI FL. 33131 01/18/2013} MOTION FOR SUMMARY JUDGMENT 01/22/2013] MOTION FOR EXTENSION OF TIMI TO. RESPOND TO DFDT 2ND REQUEST FOR PRODUCTION CITIBANK 01/22/2013} Novice OF CHANGE OF ADDRESS OF COUN: & FRENCH, LLP 201 S. BISCAYNE BOULEVARD, SUITE 1000 MIAMI, FL. 33131 PHNOE: 305-777-6000 FAX: 305-777-6001 01/25/2013} wore FOR SUMMARY JUDGMENT ED DFOT'S AMENDED Pane ‘AARON, SHAWN http://pubrec 1 0.hillsclerk.com/CaseDetail.aspx ?CaseID=23 15007 5/30/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 11 Page 5 of 5 01/30/2013] RESPONSE IN OPPOSITIOI AMENDED MOTION FOR FINAL SUMMARY JUDGMENT EXHIBITS ATTACHED 02/01/2013] MOTION TO COM! prors. FIRST /. EXHIBITS ATTACHED RON, SHA\ 02/01/2013} MOTION TO sake HLYN FLEA gs al WITNESS / EXHIBITS ATTACHED 02/04/2013} response TO REQUEST FOR PRODUCTION 0207/2013} norice OF FILII ‘LAW IN OPPOSITION TO DEF'S MOTION TO STRIKE TRIAL WITNESS - COPY ATTACHED 02/09/2013] RESPONSI TO FILING OF CASE LAW IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE MARILYN F. LEA AS TRIAL WITNESS 02/11/2013] DESIGNATION TO COURT REPORT! 02/25/2013] OBJECTION AND MOTI ERO TO EXCLUDE JUDGE FOR NON-COMPLIANCE WITH ADMINISTRATIVE ORDER S-2012-053 02/25/2013} NOTICE or INON-AVAILABILITY 13 THROUGH 03/12/1. 02/26/2013] ORDER GRANTING MOTION TO - FOR (Judicial Officer: Div M, Senior Judge ) BESET TRIAL IN DIVISIONM- /2013 02/26/2013} ome ‘OF NON-AVAILABILITY ‘DOUGLAS RAND PEACOCK, JR, ESQ / JAN. 25TH, MARCH 3RD, AUG. 6TH, SEPT, 30TH ANY YEAR / WEEK OF MARCH 25.29, Sore MAY 23,2019, WEEK ON NOV. 25-29, 2013 02/27/2013} norice OF NON-AVAILABILITY 02/28/2013} NOTICE OF NON-AVAILABILITY THROUGH 03/12/13 02/28/2013) AMENDED EXHIBIT LIST 02/28/2013] AMENDED WITNESS LIST 03/04/2013] EMERGENCY MOTION CONTINUE TRIAL 03/07/2013) one SRANG MOTION TO - FOR (Judicial Officer: Div M, Senior Judge ) 03/08/2013} ORDER GRANTING S MOTION TO - FOR (Judicial Officer: Div M, Senior Judge ) ONT. TRIAL AMENDED) 03/15/2013} mono IN LIMINE TIONIN LIMINE TO PROHIBIT INTRODUCTION OF TESTIMONY AARON,SI 02/29/2013] EMERGENCY ‘COMPEL DEPOSITION OF DEF. CITIBANK 03/28/2013] RESPOI FT'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL DEPOSITION AARON, SHA\ 04/02/2013] AFFIDAVIT OF ATTORNEY'S FEES AND COSTS: 04/05/2013] NOTICE OF FILII VERIFIED RETURN OF SERVICE AND SUBPOENA FOR TRIAL 04/05/2013] SUBPOENA RETURNED SERVED 04/15/2013] RESPONSE IN OPPOSITION TO. “ENDANTS MOTION IN LIMINE TO PROHIBIT THE INTRODUCTION OF TESTIMONY (EXHIBIT ATTACHED) 05/02/2013] NOTICE OF Fil UAL TRANSCRIPT HELD ON APRIL 16, 2013 FINANCIAL NFORMATION. Plaintiff CITIBANK NA Total Financial Assessment 362.50 Total Payments and Credits 362.50 Balance Due as of 05/30/2013 0.00 11/18/2008 ‘Transaction Assessment 1.00 11/18/2008 ‘Transaction Assessment 0.50 11/18/2008 Transaction 3.50 11/18/2008 | Transaction Assessment 80.00 11/18/2008 Te Assessment 5.00 14/18/2008 Transaction Assessment 15.00 11/18/2008 ‘Transaction Assessment 195.00 11/21/2008 | Transaction Assessment 11/21/2008 ‘Transaction Assessment 11/21/2008 | In person payment Receipt # 1447339 CITIBANK NA. (362.50) Unolficial Record http://pubrec10.hillsclerk.com/CaseDetail.aspx?CaselD=23 15007 5/30/2013 11/21/2013 1:14 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 12