Judge: Charles F. Haines, Case: CGC21595115, Date: 2023-04-26 Tentative Ruling
Real Property/Housing Court Law and Motion Calendar for April 26, 2023 line 3. PLAINTIFF VISNU PITIYANUVATH, VISNU PITIYANUVATH, TASANAPORN PITIYANUVATH Notice Of Motion And Motion To Expunge Notice Of Pendency Of Action (Lis Pendens) is GRANTED. The Court notes that the HOA has not met the burden of showing the probable validity of the real property claim by a preponderance of the evidence. (CCP 405.32.) The HOA did not substantially comply with either the Association's governing documents or the statute's pre-lien requirements. The HOA did not deliver notice of the October 11, 2021 meeting as provided by the CC&Rs or Bylaws. (CC&Rs 12.7; Bylaws 13.1.) Nor was the time and place agreed to. (Bylaws 4.4.) The October 11, 2021 meeting only voted to initiate foreclosure. There is no evidence of a separate meeting to vote to record a Notice of Delinquent Assessment. (Bylaws 10.2(C); Civil Code 5673.) The vote to initiate foreclosure on October 11, 2021 was prior to the recording of Notice of Delinquent Assessment (December 1, 2022). (Bylaws 10.3; Civil Code 5705(c).) The HOA failed to personally serve the Association's decision to foreclose on the assessment lien before the filing the Cross-Complaint for judicial foreclosure action. Johnson has not demonstrated that she is a non-delinquent member of the Association since like Plaintiffs/Cross-Defendants, she has not paid her dues either. Attorney's fees are denied. (CCP 405.38.)=(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (551) 285-1373; 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.