Judge: Armen Tamzarian, Case: 21STCV11740, Date: 2023-02-10 Tentative Ruling

Please notify Department 52 via email at smcdept52@lacourt.org and indicate that the parties are submitting on the tentative ruling. Please provide the attorney's name and represented party. Please notify the opposing side via email if submitting on the Court's tentative ruling.

Case Number: 21STCV11740    Hearing Date: February 10, 2023    Dept: 52

Plaintiff Newrez LLC d/b/a Shellpoint Mortgage Servicing’s Request for Default Judgment Against Defendant Nancy A. Nign

At prior hearings on this matter, the court denied plaintiff’s application for default judgment because plaintiff did not submit the original promissory note as required under California Rules of Court, rule 3.1806.  Plaintiff has now submitted the original promissory note.  Plaintiff’s employee Nick Ruiz states, “The wet-ink original of the Contract is attached hereto as Exhibit 1 for the Court’s inspection and notation pursuant to the Code.”  (Supp. Ruiz Decl., ¶ 7.)  Plaintiff Newrez LLC d/b/a Shellpoint Mortgage Servicing has now met all requirements for court judgment by default against defendant Nancy A. Nign. 

Plaintiff’s request for court judgment by default against defendant Nancy A. Nign is granted.  The court will sign the proposed judgment plaintiff submitted on January 9, 2023.

Under California Rules of Court, rule 3.1806 and Local Rule 3.204, the clerk is ordered to cancel the original manufactured home promissory note, security agreement, and disclosure statement attached as exhibit 1 to the supplemental declaration of Nick Ruiz.