Judge Kerry Bensinger, Case Number: 21STCV44465, Date: 2024-02-13 Tentative Ruling

CASE: U.S. Bank National Association, As Trustee for Velocity Commercial Capital Loan Trust 2019-3 v. Sannette Gite, As Trustee of the Vaughn Family Trust, et al.

MOVING PARTY: Defendants Charmane mark and Matthew Mark, as trustees for USRE trust

This is a quiet title action concerning the real property at 8940 Kramerwood Place, Los Angeles, California 90034 (the “Property”). On December 6, 2021, Plaintiff/Cross-Defendant U.S. Bank National Association (“US Bank”), as trustee for Velocity Commercial Capital Loan Trust 2019-3, filed a Complaint against Defendant/Cross-Complainant Sannette Gite (“Gite”). .

On January 13, 2023, Gite filed her operative First Amended Cross-Complaint, naming as Cross-Defendants Charmane Mark and Matthew Mark, as trustees for USRE trust (the “Mark Defendants”).

On February 20, 2024, the Mark Defendants filed this Motion for Order for Physical Examination of Defendant Sannette Gite Pursuant to Code of Civil Procedure Section 2032.310.

“Except for defense physicals in personal injury cases (¶ 8:1516) and exams arranged by stipulation (¶ 8:1512), a court order is required for a § 2032.010 et seq. physical or mental examination. Such order may be made only after notice and hearing, and for “good cause shown.” [CCP § 2032.320(a); see Conservatorship of G.H. (2014) 227 CA4th 1435, 1441, 174 CR3d 536, 540].” (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (The Rutter Group 2023) ¶ 8:1546.)

1. Deed of Trust, Security Agreement, Assignment of Leases, Rents, and Profits, and Fixture Filing recorded on July 18, 2019, with the Recorder’s Office for Los Angeles County as Document No. 20190699917. (Request for Judicial Notice (RJN) 1.)

2. Assignment of Deed of Trust recorded on October 19, 2020, with the Recorder’s Office for Los Angeles County as Document No. 20201297945. (RJN 2.)

3. Judgment filed on May 5, 2016, in the Los Angeles County Superior Court, Case No. BC588697. (RJN 3.)

4. Amended Judgment filed on July 26, 2016, in the Los Angeles County Superior Court, Case No. BC588697 (RJN 4.)

5. Statement of Decision filed on October 31, 2019, in the Los Angeles County Superior Court, Case No. BC692757. (RJN 5.)

6. Judgment filed on January 6, 2020, in the Los Angeles County Superior Court, Case No. BC692757. (RJN 6.)

7. Amended Judgment filed on April 9, 2020, in the Los Angeles County Superior Court, Case No. BC692757. (RJN 7.)

The Mark Defendants seek an order to compel Gite to sit for a physical examination for her fingerprints to be taken. They argue good cause exists order the examination because Gite’s fingerprints are in controversy. As explained by Mark Defendants, the source of a break in the chain of title to the Property may be traced to a grant deed that Gite conveyed to Lions Proof LLC on September 19, 2011 (the “Deed”). The Deed was notarized. Gite claims the Deed is a forgery. US Bank contends otherwise. Mark Defendants wish to compare Gite’s fingerprints to the fingerprint which appears in the notary’s log entry to determine whether the Deed is a forgery.

Based on the foregoing, the court finds good cause exists to compel Gite’s physical examination. Gite claims the Deed is a forgery. The Deed was notarized. Gite’s fingerprints are relevant.

In opposition, Gite argues the motion should be denied because a court has already determined in prior cases (Los Angeles County Superior Court, Case Nos. BC588697 and BC692757) that Defendant/Cross-Defendant Yong Hwa Chung—the party who claimed the competing title to the Property—lacks title to the Property. Not so. The Judgment in that case awarded possession of the premises at the Property to Gite. It did not award title to the Property. (See RJN 3, 5.) For this reason, Gite’s argument that her right to immediate possession of the Property operates as collateral estoppel in this action fails. Gite’s collateral estoppel arguments rests on the flawed notion that title to the Property has already been determined. Moreover, even if Gite’s title to the Property was adjudged in her favor in Case Nos. BC588697 and BC692757 (they were not), those judgments are not binding on US Bank. US Bank was neither a party to nor in privity with any party in that action.

Accordingly, the motion is GRANTED. Defendant/Cross-Complainant Sannette Gite, as trustee of the Vaughn Family Trust, is ordered to appear for physical at Early Sullivan Wright Gizer & McRae LLP, at 6420 Wilshire Boulevard 17th Floor Los Angeles, California 90048, on April 22, 2024 at 10:30 a.m. for fingerprint samples to be obtained from each finger on each hand of Gite. The examination is to be conducted by certified latent print examiner Ms. Diane Do.

Kerry Bensinger

Judge of the Superior Court