TENTATIVE RULING
The motion for summary judgment filed by defendant/cross-complainant Wilmington Trust, National Association, as Successor Indenture Trustee, to Citibank, N.A., as Indenture Trustee of Structured Asset Mortgage Investments II Inc., Bear Stearns Arm Trust 2007-2, Mortgage-Backed Notes, Series 2007-2 ("Wilmington") to the complaint of plaintiff/cross-defendant Jaclyn Preciado, trustee of The Maraziti Family Trust ("Preciado") is denied.
Wilmington once again raises the issue whether plaintiff's claims are barred under the principles of res judicata and collateral estoppel. The court reaffirms its ruling on the motion for preliminary injunction finding the bankruptcy court and superior court cases have not adjudicated the issue whether the grant deeds are void as a matter of law. Thus, the order is not considered res judicata. In In re Rodofo H. De La Rosa and Amparo H. Turnauckas, case number 09-10990-MM7, the debtors, who are Preciado's predecessors, had filed a quiet
Hearing Date
December 14, 2018
Category
Civil - Unlimited
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TENTATIVE RULING
The motion for summary judgment filed by defendant/cross-complainant Wilmington Trust, National Association, as Successor Indenture Trustee, to Citibank, N.A., as Indenture Trustee of Structured Asset Mortgage Investments II Inc., Bear Stearns Arm Trust 2007-2, Mortgage-Backed Notes, Series 2007-2 ("Wilmington") to the complaint of plaintiff/cross-defendant Jaclyn Preciado, trustee of The Maraziti Family Trust ("Preciado") is denied.
Wilmington once again raises the issue whether plaintiff's claims are barred under the principles of res judicata and collateral estoppel. The court reaffirms its ruling on the motion for preliminary injunction finding the bankruptcy court and superior court cases have not adjudicated the issue whether the grant deeds are void as a matter of law. Thus, the order is not considered res judicata. In In re Rodofo H. De La Rosa and Amparo H. Turnauckas, case number 09-10990-MM7, the debtors, who are Preciado's predecessors, had filed a quiet