Judge: Christopher K. Lui, Case: BC676461, Date: 2022-09-29 Tentative Ruling

Case Number: BC676461    Hearing Date: September 29, 2022    Dept: 76



            Plaintiff alleges that his signature was forged on two promissory notes, two guaranties and two deeds of trust relative to loans which Plaintiff claims he did not take out. Plaintiff seeks cancellation of these written instruments.

            Defendants Andrew and Sonya Kwiat filed a Cross-Complaint alleging that Cross-Defendant Gerald Reid (Plaintiff Martel Reid’s son) impersonated Martel Reid in obtaining the loan from the Kwiats and forged Martel Reid’s signature. Other Cross-Defendants are alleged to have conspired with Gerald Reid to obtain loan proceeds.

            Defendant Center Street Lending Corporation filed a Cross-Complaint alleging that Cross-Defendants made misrepresentations in obtaining a loan from Center Street that the loan was not an owner-occupied loan, and also that Gerald Reid (Martel Reid’s son) may have impersonated Martel Reid in executing the loan documents.\ 

            Defendant/Cross-Complainant Center Street Lending Corporation moves for an order to enforce the settlement agreement and release against Defendant/Cross-Defendant Wendy Espinoza, in pro per.

 TENTATIVE RULING 

            The hearing on Defendant/Cross-Complainant Center Street Lending Corporation’s motion for an order to enforce the settlement agreement and release against Defendant/Cross-Defendant Wendy Espinoza, in pro per is CONTINUED to October 28, 2022.

            Although Defendant Wendy Espinoza—against whom this motion is brought—is in pro per, she was only served by e-mail. However, the Substitution of Attorney form filed on June 28, 2021, lists Espinoza’s address as 705 W. 9th Street, Los Angeles, CA 90015. There is no indication that Espinoza consented to receive notice electronically. CCP § 1010.6(d)(4) provides that: “Unrepresented persons are exempt from mandatory electronic filing and service.”

            Moving party is to serve Defendant Espinoza with a copy of this motion by mail pursuant to the notice period set forth in CCP § 1005(b), and to give notice of the continuance of the hearing on this motion. Proof of service to be filed by October 20, 2022.