Judge: Michael P. Linfield, Case: 22STCV05266, Date: 2023-01-11 Tentative Ruling
Case Number: 22STCV05266 Hearing Date: January 11, 2023 Dept: 34
PLAINTIFF'S
REQUEST FOR ENTRY OF DEFAULT JUDGMENT
I.
BACKGROUND
On February 10, 2022, Plaintiff Real Time
Resolutions, Inc. filed its Complaint against Defendants Joseph Manafa and
First AFG Financial, Inc. on causes of action for cancellation of instrument
and declaratory relief.
On March 16, 2022, by request of Plaintiff,
the Clerk’s Office dismissed without prejudice Defendant Manafa from this
matter.
On October 13, 2022, by request of Plaintiff,
the Clerk’s Office entered default on Defendant First AFG Financial, Inc.
On December 5, 2022, Plaintiff filed: (1)
Case Summary Brief; (2) Declaration of Plaintiff; (3) Declaration of Magdalena
D. Kozinska; (4) CIV-100, Request for Court Judgment; (5) Proposed Judgment;
(6) Request for Judicial Notice; (7) Proof of Mailing; and (8) Request for
Waiver of Live Testimony.
On December 7, 2022, by request of Plaintiff,
the Clerk’s Office dismissed without prejudice Does 1 through 25 from the
Complaint.
II.
WAIVER OF LIVE TESTIMONY
Plaintiff requests that the Court waive the
requirement for live testimony for this matter pursuant to Code of Civil
Procedure section 585, subdivision (d). The Court GRANTS Plaintiff’s request
for waiver of live testimony and will accept the submitted Declarations in lieu
of testimony in this matter.
III. REQUEST FOR JUDICIAL
NOTICE
Plaintiff requests that the Court take
judicial notice of the following items:
(1) Deed of Trust recorded
on August 24, 2005 with the Los Angeles County Recorder’s Office as Document
Number 05 2028321;
(2) Deed of Trust
recorded on September 21, 2006 with the Los Angeles County Recorder’s Office as
Document Number 06 2100836;
(3) Deed of Trust
recorded on September 21, 2006 with the Los Angeles County Recorder’s Office as
Document Number 06 2100837;
(4) Assignment of Deed of
Trust recorded on July 11, 2012 with the Los Angeles County Recorder’s Office
as Document Number 20121026687;
(5) Assignment of Deed of
Trust recorded on February 19, 2013 with the Los Angeles County Recorder’s
Office as Document Number 20130254660;
(6) Assignment of Deed of
Trust recorded on December 20, 2021 with the Los Angeles County Recorder’s
Office as Document Number 20211885360;
(7) Deed of Trust recorded
on May 2, 2005 with the Los Angeles County Recorder’s Office as Document Number
05 1013619;
(8) Request for
Dismissal, filed in this matter on March 11, 2022;
(9) Proof of Service,
filed in this matter on September 8, 2022;
(10) Request for Entry of
Default, filed in this matter on October 13, 2022.
The Court GRANTS in part the Request for
Judicial Notice. The Court GRANTS judicial notice for the first seven items,
which are public documents filed with the Los Angeles County Recorder’s Office.
The Court DENIES as superfluous judicial notice for
items eight through ten, which involve requests related to filings in this
matter. Any party that wishes to draw the Court’s attention to a filing in this
action may simply cite directly to the document by execution and filing date.
(See Cal. Rules of Court, rule 3.1110(d).)¿
IV. ANALYSIS
Entry of Default Judgement is GRANTED as
follows:
1.
The
2005 Deed of Trust recorded on May 2, 2005 as Document No. 05 1013619 in the
Official Records of Los Angeles County is CANCELLED
2.
The
2005 Deed of Trust recorded on May 2, 2005 as Document No. 05 1013619 in the
Official Records of Los Angeles County is of no force and effect.