Judge: Layne H. Melzer, Case: 2022-01268922, Date: 2022-08-11 Tentative Ruling

Pltf. Michael A Arguelles
Motion - Other (Petition for Relief from Financial Obligation during Military Service)

The Petition for Relief from Financial Obligation brought by Petitioner Michael A. Arguelles is CONTINUED to 9/15/22 at 2PM for good cause, to permit Petitioner to demonstrate adequate service of this Petition on Respondent Freedom Mortgage Corporation, as required by Mil. & Vet. Code §409.3(b).

Additionally, the Court notes that Petitioner’s Declaration was electronically signed and, consequently, the hearing is continued to permit Counsel to address compliance with CRC 2.257(b).  Counsel is to submit a declaration, no later than 9 court days prior to the continued hearing date, which addresses compliance with CRC 2.257(b).

Upon addressing the above concerns, the Court is inclined to GRANT the Petition for Relief from Financial Obligation brought by Petitioner Michael A. Arguelles, pursuant to Mil. & Vet. Code §409.3, following the submission of a properly executed Proposed Order on Form MIL-020. The Court finds that the Declaration submitted by Petitioner demonstrates that Petitioner’s ability to comply with the terms of his mortgage has been affected by his most recent period of military service. (Mil. & Vet. Code §409.3 (d)). Consequently, Petitioner appears entitled to “a deferment of the payments due on the obligation for a period of time equal to the period of military service,” in this case one year. (Mil. & Vet. Code §409.3(d) (1)). Counsel for Petitioner is ordered to submit a Proposed Order on Form MIL-020 in advance of the continued hearing date.