Judge: Michael Shultz, Case: 22CMCV00043, Date: 2023-11-20 Tentative Ruling

Case Number: 22CMCV00043    Hearing Date: February 6, 2024    Dept: A

22CMCV00043 Charles Roland Woolfolk, et al. v. Bank of America, et al.

Tuesday, February 6, 2024, at 8:30 a.m.

[TENTATIVE] ORDER GRANTING MOTION FOR ENTRY OF JUDGMENT BY DEFENDANTS

      The verified complaint alleges that Defendants unlawfully recorded a deed of trust encumbering Plaintiffs’ property. Plaintiffs allege that they do not owe Defendants pursuant to a promissory note that has been previously ordered null and void in another action. Plaintiffs allege claims for quiet title, financial elder abuse, cancellation of instruments, and slander of title.

      On November 17, 2023, the Court granted a motion for judgment on the pleading filed by Defendants, Bank of America, (“BOA”), Countrywide Home Loans, Inc., dba America’s Wholesale Lender (“Countrywide”); and Recon Trust Los Angeles (“RTLA”) (collectively, “Defendants.”) The Court granted Plaintiffs 30 days leave to amend.

      Defendants request a judgment against Plaintiffs who failed to amend the complaint within the time allotted by the Court. Defendants timely filed and served the motion on Plaintiffs, who did not file an opposition.

      Where a party does not amend a complaint, then the party in whose favor judgment on the pleading was granted shall move for entry of judgment in its favor. (Code Civ. Proc., § 438 subd. (i)(1)(B).) The Court’s file does not reflect that Plaintiffs filed an amended complaint. Accordingly, Defendants’ motion is GRANTED. The Court will enter judgment in Defendants’ favor and against Plaintiffs.