Judge: Mark A. Young, Case: 20SMCV01617, Date: 2023-01-24 Tentative Ruling

Case Number: 20SMCV01617    Hearing Date: January 24, 2023    Dept: M

CASE NAME:           Revah, et al., v. National Mortgage Resource, et al.

CASE NO.:                20SMCV01617

MOTION:                  Motion to Set aside/Vacate Declaration of Non-Monetary Status

HEARING DATE:   1/24/2023

SUMMARY OF RULING

Plaintiff must file proof of service of this motion on all parties, including the subject trustee Defendant Best Alliance Foreclosure and Lien Services Corp.

Legal Standard

            If a party has a good faith reasonable belief that it was named in an action solely in its capacity as a trustee of a deed of trust and not for wrongful acts on its part, it may file a declaration of nonmonetary status. (Civil Code, § 2924l(a).) Parties who have appeared in the action have 15 days from service of the declaration to object. (Civil Code, § 2924l(c).) If no objection is served within the 15 days, the trustee is not required to participate any further in the action or proceeding, but will be bound by any court order relating to the deed of trust. (Civil Code, § 2924l(d).) 

A late objector may move under Code of Civil Procedure section 473 to require the trustee participate in the action because of its performance of its duties as trustee, but the motion must specify the factual basis of the demand. (Civil Code, § 2924l(e).)

Analysis

Plaintiff has not presented proof of service of the instant motion on Defendant Best Alliance Foreclosure and Lien Services Corp. Accordingly, the motion is TAKEN OFF CALENDAR.