Judge: Melvin D. Sandvig, Case: PC057040, Date: 2024-09-19 Tentative Ruling

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Case Number: PC057040    Hearing Date: September 19, 2024    Dept: F47

MOTION FOR POST-JUDGMENT LITIGATION EXPENSES & INTEREST

Motion filed on 2/27/24.

MOVING PARTY: Plaintiff Canyon View Limited

RESPONDING PARTY: Defendant Nationstar Mortgage, LLC

NOTICE: ok

RELIEF REQUESTED: An order requiring Defendant Nationstar Mortgage, LLC to pay Plaintiff Canyon View Limited the attorneys’ fees and costs incurred on appeal and interest on the Judgment entered by this Court on 2/21/19.

RULING: The hearing on this motion will be continued. 

On 2/21/19, this Court entered Judgment in favor of Plaintiff Canyon View Limited (Plaintiff) and against Defendant Nationstar Mortgage, LLC (Nationstar) and other defendants to quiet title under the Mobilehome Park Residency Law (MRL).

On 3/24/21, this Court awarded Plaintiff $494,548.09 in prejudgment litigation expenses as the prevailing party under the MRL.  On 10/26/23, the Court of Appeal affirmed this Court’s 3/24/24 order.

On 2/27/24, Plaintiff filed and served the instant motion seeking an order requiring Nationstar to pay Plaintiff the attorneys’ fees and costs incurred on appeal in the amount of $158,624.63 and interest on the Judgment from 2/21/19 to the date the Judgment is paid at the daily rate of $135.49.

On 9/13/24, Nationstar filed and served a late opposition to the motion wherein it claims that it has settled this case and a “companion case” (PC057199) with Plaintiff.  Nationstar contends that on 9/9/24, Plaintiff sent its final changes to the draft settlement agreement which Nationstar accepted and began making efforts to obtain signatures.  Nationstar contends that on 9/13/24, Plaintiff requested minor additional changes which Nationstar is reviewing.  Based on the foregoing, Nationstar requests a continuance of the hearing on this motion for at least 30 days to allow for finalization of the settlement and the implementation of its terms.

On 9/13/24, Plaintiff filed and served a reply to the opposition which notes the untimeliness of the opposition and objects to a continuance of the hearing on this motion.

Plaintiff does not dispute that the parties are in the midst of finalizing a settlement or the timeline regarding same presented by Nationstar in the opposition.  Based on such and the fact that such settlement negotiations likely account for the lack of an opposition on the merits being timely filed by Nationstar, the Court finds that it is in the interests of justice and judicial economy to continue the hearing on the motion.  If the matter does not ultimately settle, a supplemental opposition on the merits will be due at least 9 court days before the continued hearing date and any reply to the supplemental opposition will be due at least 5 court days before the continued hearing  date. 

At least 3 court days before the continued hearing date, the parties are ordered to notify the Court whether the settlement has been formalized and whether or not the hearing on the motion will proceed on the merits.