Judge: Armen Tamzarian, Case: 22STCV22565, Date: 2023-02-16 Tentative Ruling

Case Number: 22STCV22565    Hearing Date: February 16, 2023    Dept: 52

Plaintiff JPMorgan Chase Bank, N.A.’s Request for Court Judgment by Default

Plaintiff JPMorgan Chase Bank, N.A. requests court judgment by default against defendants the unknown heirs, assigns, and devisees of Batsheba D’Israeli and the unknown heirs, assigns, and devisees of Vera Morrey aka Vera Moiseve.

Plaintiff’s application for default judgment meets all requirements.  The court will, however, modify plaintiff’s proposed judgment.  Part (b) of the proposed judgment provides: “The April 9, 2012 Plaintiff’s Deed of Trust, recorded April 19, 2012, 2005 as Document No. 20120585074 of Official Records of Los Angeles County, is a valid and enforceable lien encumbering the Property as April 19, 2012, 2005, the date of its recording, and Defendants have no right, title, estate, lien or interest in the Property adverse to Plaintiff’s interest.”

Part (b) has two problems.  First, it erroneously states plaintiff’s deed of trust was recorded “April 19, 2012, 2005.”  It was recorded in 2012, not 2005.  (Stefanllari Decl., ¶ 7, Ex. D.) 

Second, part (b) improperly includes an order that “Defendants have no right, title, estate, lien or interest in the Property adverse to Plaintiff’s interest.”  The complaint does not demand that relief and does not include a cause of action to quiet title.  “The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint.”  (CCP § 580(a).)    

Plaintiff’s request for default judgment is granted.  The court will modify the proposed judgment by striking “2005” on page 2, line 13 and on page 2, line 15, and by striking “and Defendants have no right, title, estate, lien or interest in the Property adverse to Plaintiff’s interest” on page 2, lines 15 to 16.