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ELECTRONICALLY FILED
LAUREL I. HANDLEY (SBN 231249)
DIALA DEBBAS (SBN 312322)
superior Court of California,
ALDRIDGE PITE, LLP County of Placer
4375 JUTLAND DRIVE, SUITE 200 09/01/2020
P.O. BOX 17935 By: Cecilia Henderson, Deputy Clerk
SAN DIEGO, CA 92177-0935
TELEPHONE: (858) 750-7600
FACSIMILE: (619) 590-1385
E-Mail: ddebbas@aldridgepite.com
Attorneys for Plaintiff, QUICKEN LOANS INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF PLACER
10 QUICKEN LOANS INC., Case No. SCV0043712
11 Plaintiff, EX PARTE APPLICATION OF
PLAINTIFF AS TO NO DEFAULT
12 VS. PROVE-UP HEARING REQUIRED IN
ACTION FOR REFORMATION AND
SHARON HARRIS, and DOES 1 THROUGH DECLARATORY RELIEF; OR, IN THE
20, ALL INCLUSIVE, ALTERNATIVE, FOR CONTINUANCE
14 OF THE 9/15/20 DEFAULT PROVE-UP
Defendants, HEARING
15
DATE: 9/3/20
16 TIME: 8:30 a.m.
DEPT.: “42”
17
Complaint Filed: October 8, 2019
18
Trial Date: Not Set
19
20 Current Default Prove-Up Hearing: 9/15/20
21 TO THE COURT:
22 PLEASE TAKE NOTICE that September 3, 2020, at 8:30 a.m. in Department 42 of the
Court, Plaintiff, QUICKEN LOANS, INC. ("Plaintiff") hereby moves the Court as to a request to
24 the Court that the Default Prove-Up Hearing currently set for September 15, 2020 is not required
25 for the Court to enter a Default Court Judgment in an action solely for Reformation and Declaratory
26 Relief as to an extremely minor typographical error in the legal description in Plaintiff's Deed of
27 Trust and Grant Deed in which a date is stated “July 13” instead of the correct “July 31”. There is
28 NO Quiet Title cause of action in Plaintiff's complaint that would mandate a Default Prove-Up
se
EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING REQUIRED IN
ACTION FOR REFORMATION AND DECLARATORY RELIEF, ETC.
Hearing. In the alternative, if the Court states a Default Prove-Up Hearing must be held to enter
the Default Court Judgment, Plaintiff respectfully requests the Default Prove-Up Hearing be
continued from September 15, 2020 to a date in December 2020 convenient to the Court’s calendar
to allow time for both counsel as well as Plaintiffs witness, who must travel from Texas, to arrange
their schedules to attend the hearing as well as continued concerns as to COVID-19 travel.
As stated above, no Default Prove-Up Hearing is required in this matter, in that Plaintiff's
uncontested action seeks only to reform the legal description in its Deed of Trust and the Grant
Deed as to an extremely minor typographical error in which a date is stated “July 13” instead of
the correct “July 31”, with no Quiet Title cause of action in the Complaint, as is fully briefed in
10 the Memorandum of Points and Authorities in Support of the Ex Parte Application filed herewith.
11 In addition, as stated in the Declaration of Charles A. Correia in Support of the Ex Parte
12 Application filed herewith, Plaintiff's loan servicer representative who would testify as a witness
is based out of state and would need to travel to California for the Default Prove-Up Hearing,
14 which would be unduly burdensome and costly on Plaintiff, considering this uncontested action is
i) solely for Reformation and Declaratory Relief as to an extremely minor typographical error in the
16 legal description in Plaintiffs Deed of Trust in which a date is stated “July 13” instead of the
i7 correct “July 31”, as well as the concerns for travel during COVID-19 restrictions. However, if the
18 Court requires an appearance, Plaintiff requests the Default Prove-Up Hearing currently set for
19 September 15, 2020 be continued to a date in December convenient to the Court’s calendar, to
20 allow time for both counsel as well as Plaintiff's witness, who must travel from out of state, to
21 arrange their schedules to attend the hearing.
bode The Ex Parte Application is based upon this Notice of Application, the Memorandum of
Points and Authorities in support thereof, the Declaration of Charles A. Correia, the [Proposed]
24
Order, and the records and files herein.
25
ALDRIDGE PITE, LLP
26
27 Dated: September / . 2020 By: C 4lihy UA: CLitLéce
CHARLES A. CORREIA
28 Attorneys for Plaintiff,
QUICKEN LOANS INC.
-2-
EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING REQUIRED IN
ACTION FOR REFORMATION AND DECLARATORY RELIEF, ETC.
DECLARATION OF SERVICE
I, the undersigned, declare: I am, and was at the time of service of the papers herein
referred to, over the age of 18 years, and not a party to this action. My business address is 4375
Jutland Drive, Suite 200, P.O. Box 17935, San Diego, CA 92177-0935.
On September 1, 2020, I served the following document(s):
EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP
HEARING REQUIRED IN ACTION FOR REFORMATION AND
DECLARATORY RELIEF; OR, IN THE ALTERNATIVE, FOR CONTINUANCE
OF THE 9/15/20 DEFAULT PROVE-UP HEARING
on the parties in this action addressed as follows:
Sharon Harris
5770 Little Oak Lane
Foresthill, CA 95631
10
11 X__ BY MAIL: I caused a true copy to be placed in a sealed envelope addressed as indicated
above. I am readily familiar with the firm's practice of collection and processing
12 correspondence for mailing. It is deposited with the U.S. Postal Service on that same day
in the ordinary course of business. I am aware that on motion of party served, service is
13 presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.
14
BY CERTIFIED MAIL: I placed a true copy in a sealed envelope addressed as
15 indicated above via certified mail, return receipt requested.
16 BY FACSIMILE: I personally sent to the addressee's facsimile number a true copy of
the above-described document(s). I verified transmission with a confirmation printed out
17 by the facsimile machine used. Thereafter, I placed a true copy in a sealed envelope
addressed and mailed as indicated above.
18
BY FEDERAL EXPRESS: I placed a true copy in a sealed Federal Express envelope
19 addressed as indicated above. I am familiar with the firm’s practice of collection and
processing correspondence for Federal Express delivery and that the documents served
20 are deposited with Federal Express this date for overnight delivery.
21 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct
22
Executed this Ist day of September, 2020, at San Diego, California.
23
24 (line AordorQ
25 AGUSTINA SANDOVAL
26
27
28
-3-
EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING
REQUIRED IN ACTION FOR REFORMATION AND DECLARATORY RELIEF, ETC.
Preview
ELECTRONICALLY FILED LAUREL I. HANDLEY (SBN 231249) DIALA DEBBAS (SBN 312322) superior Court of California, ALDRIDGE PITE, LLP County of Placer 4375 JUTLAND DRIVE, SUITE 200 09/01/2020 P.O. BOX 17935 By: Cecilia Henderson, Deputy Clerk SAN DIEGO, CA 92177-0935 TELEPHONE: (858) 750-7600 FACSIMILE: (619) 590-1385 E-Mail: ddebbas@aldridgepite.com Attorneys for Plaintiff, QUICKEN LOANS INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF PLACER 10 QUICKEN LOANS INC., Case No. SCV0043712 11 Plaintiff, EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT 12 VS. PROVE-UP HEARING REQUIRED IN ACTION FOR REFORMATION AND SHARON HARRIS, and DOES 1 THROUGH DECLARATORY RELIEF; OR, IN THE 20, ALL INCLUSIVE, ALTERNATIVE, FOR CONTINUANCE 14 OF THE 9/15/20 DEFAULT PROVE-UP Defendants, HEARING 15 DATE: 9/3/20 16 TIME: 8:30 a.m. DEPT.: “42” 17 Complaint Filed: October 8, 2019 18 Trial Date: Not Set 19 20 Current Default Prove-Up Hearing: 9/15/20 21 TO THE COURT: 22 PLEASE TAKE NOTICE that September 3, 2020, at 8:30 a.m. in Department 42 of the Court, Plaintiff, QUICKEN LOANS, INC. ("Plaintiff") hereby moves the Court as to a request to 24 the Court that the Default Prove-Up Hearing currently set for September 15, 2020 is not required 25 for the Court to enter a Default Court Judgment in an action solely for Reformation and Declaratory 26 Relief as to an extremely minor typographical error in the legal description in Plaintiff's Deed of 27 Trust and Grant Deed in which a date is stated “July 13” instead of the correct “July 31”. There is 28 NO Quiet Title cause of action in Plaintiff's complaint that would mandate a Default Prove-Up se EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING REQUIRED IN ACTION FOR REFORMATION AND DECLARATORY RELIEF, ETC. Hearing. In the alternative, if the Court states a Default Prove-Up Hearing must be held to enter the Default Court Judgment, Plaintiff respectfully requests the Default Prove-Up Hearing be continued from September 15, 2020 to a date in December 2020 convenient to the Court’s calendar to allow time for both counsel as well as Plaintiffs witness, who must travel from Texas, to arrange their schedules to attend the hearing as well as continued concerns as to COVID-19 travel. As stated above, no Default Prove-Up Hearing is required in this matter, in that Plaintiff's uncontested action seeks only to reform the legal description in its Deed of Trust and the Grant Deed as to an extremely minor typographical error in which a date is stated “July 13” instead of the correct “July 31”, with no Quiet Title cause of action in the Complaint, as is fully briefed in 10 the Memorandum of Points and Authorities in Support of the Ex Parte Application filed herewith. 11 In addition, as stated in the Declaration of Charles A. Correia in Support of the Ex Parte 12 Application filed herewith, Plaintiff's loan servicer representative who would testify as a witness is based out of state and would need to travel to California for the Default Prove-Up Hearing, 14 which would be unduly burdensome and costly on Plaintiff, considering this uncontested action is i) solely for Reformation and Declaratory Relief as to an extremely minor typographical error in the 16 legal description in Plaintiffs Deed of Trust in which a date is stated “July 13” instead of the i7 correct “July 31”, as well as the concerns for travel during COVID-19 restrictions. However, if the 18 Court requires an appearance, Plaintiff requests the Default Prove-Up Hearing currently set for 19 September 15, 2020 be continued to a date in December convenient to the Court’s calendar, to 20 allow time for both counsel as well as Plaintiff's witness, who must travel from out of state, to 21 arrange their schedules to attend the hearing. bode The Ex Parte Application is based upon this Notice of Application, the Memorandum of Points and Authorities in support thereof, the Declaration of Charles A. Correia, the [Proposed] 24 Order, and the records and files herein. 25 ALDRIDGE PITE, LLP 26 27 Dated: September / . 2020 By: C 4lihy UA: CLitLéce CHARLES A. CORREIA 28 Attorneys for Plaintiff, QUICKEN LOANS INC. -2- EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING REQUIRED IN ACTION FOR REFORMATION AND DECLARATORY RELIEF, ETC. DECLARATION OF SERVICE I, the undersigned, declare: I am, and was at the time of service of the papers herein referred to, over the age of 18 years, and not a party to this action. My business address is 4375 Jutland Drive, Suite 200, P.O. Box 17935, San Diego, CA 92177-0935. On September 1, 2020, I served the following document(s): EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING REQUIRED IN ACTION FOR REFORMATION AND DECLARATORY RELIEF; OR, IN THE ALTERNATIVE, FOR CONTINUANCE OF THE 9/15/20 DEFAULT PROVE-UP HEARING on the parties in this action addressed as follows: Sharon Harris 5770 Little Oak Lane Foresthill, CA 95631 10 11 X__ BY MAIL: I caused a true copy to be placed in a sealed envelope addressed as indicated above. I am readily familiar with the firm's practice of collection and processing 12 correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is 13 presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 14 BY CERTIFIED MAIL: I placed a true copy in a sealed envelope addressed as 15 indicated above via certified mail, return receipt requested. 16 BY FACSIMILE: I personally sent to the addressee's facsimile number a true copy of the above-described document(s). I verified transmission with a confirmation printed out 17 by the facsimile machine used. Thereafter, I placed a true copy in a sealed envelope addressed and mailed as indicated above. 18 BY FEDERAL EXPRESS: I placed a true copy in a sealed Federal Express envelope 19 addressed as indicated above. I am familiar with the firm’s practice of collection and processing correspondence for Federal Express delivery and that the documents served 20 are deposited with Federal Express this date for overnight delivery. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct 22 Executed this Ist day of September, 2020, at San Diego, California. 23 24 (line AordorQ 25 AGUSTINA SANDOVAL 26 27 28 -3- EX PARTE APPLICATION OF PLAINTIFF AS TO NO DEFAULT PROVE-UP HEARING REQUIRED IN ACTION FOR REFORMATION AND DECLARATORY RELIEF, ETC.