Judge Cherol J. Nellon, Case Number: 23STCV11652, Date: 2023-10-04 Tentative Ruling

Judge: Cherol J. Nellon, Case: 23STCV11652, Date: 2023-10-04 Tentative Ruling

Case Number: 23STCV11652 Hearing Date: October 4, 2023 Dept: 14

Case Background

Plaintiffs allege that Defendants are trying to foreclose on an expired lien against Plaintiffs’ property.

On May 23, 2023, Plaintiffs filed their verified Complaint for (1) Quiet Title, (2) Declaratory Relief, (3) Cancellation of Instruments, and (4) Injunctive Relief against Defendants Clear Recon Corp. (“Clear”), PNC Bank, N.A. (“PNC”), and DOES 1-20.

Defendants Clear and PNC were served on May 26, 2023. No responsive pleading has been filed, and no attempt to enter default has been made.

No trial date is currently set.

Instant Motion

Plaintiffs now move this court for an order enjoining Defendants from proceeding with foreclosure while this action is pending.

Decision

Plaintiffs’ Request for Judicial Notice is GRANTED.

The motion is GRANTED.

The motion is unopposed. This operates as a concession by the other parties that the motion has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.