Judge: Mark C. Kim, Case: 21LBCV00035, Date: 2022-10-18 Tentative Ruling

Case Number: 21LBCV00035    Hearing Date: October 18, 2022    Dept: S27

Plaintiff, Joyce I. Kim filed this action against Defendants, NGBI, Inc., Jae Woong Chong, Newrez Community Lending, LLC, Shellpoint Mortgage Servicing, Newrez, LLC, and MTC Financial, Inc. for violation of the homeowners bill of rights, wrongful foreclosure, promissory estoppel, and injunctive relief.  Plaintiff filed her complaint on 1/24/22.  On 1/26/22, the Court issued an ex parte order granting a temporary restraining order precluding sale of the property from going forward; the Court set an OSC re: preliminary injunction for 2/16/22.  Subsequently, the parties have continued the hearing on the OSC numerous times, with the TRO remaining in place. 

On 5/09/22, Newrez, LLC, Bank of New York Mellon, and Shellpoint Mortgage Servicing, Inc. filed a demurrer to the complaint.  The parties have twice stipulated to continue the hearing on the demurrer, and to further continue the hearing on the OSC re: preliminary injunction.  On 9/06/22, the parties agreed that the hearing on the demurrer would go forward on 10/18/22 and the OSC would go forward on 11/04/22.  To date, the parties have not further continued either hearing.

Any opposition to the demurrer was due on or before 10/05/22.  The Court has not received any opposition to the demurrer.  The Court has read and reviewed the demurrer, and finds it is well-taken.  Absent opposition, it is sustained.  Because the burden of showing leave to amend should be granted is on the party seeking leave to amend, the Court’s tentative ruling is to deny leave to amend.  The Court will consider granting leave to amend if Plaintiff appears and articulates how she would amend if given leave to do so at the time of the hearing. 

If Plaintiff ultimately amends her complaint, and if Defendants challenge the amended pleading, the Court asks Plaintiff to meet and confer in good faith, to dismiss any unfounded causes of action, and to file opposition to the pleading challenge setting forth authority contrary to that provided in the pleading challenge for review and analysis.  Absent participation in the litigation, the Court will presume Plaintiff has abandoned her position and does not intend to prosecute her action. 

If the parties submit on the tentative, the demurrer will be sustained without leave to amend. 

Moving Defendants are ordered to give notice. 

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.