Judge Olivia Rosales, Case 19NWCV00885 2022-12-14 Tentative Ruling

Judge: Olivia Rosales, Case: 19NWCV00885, Date: 2022-12-14 Tentative Ruling

Case Number: 19NWCV00885 Hearing Date: December 14, 2022 Dept: SEC

LAKEVIEW LOAN SERVICING v. HERNANDEZ, et al.

CASE NO.: 19NWCV00885

HEARING: 12/14/22 @ 1:30 PM

JUDGE: OLIVIA ROSALES

TENTATIVE RULING

Plaintiff Lakeview Loan Servicing, LLC’s motion for order appointing attorney for Defendant Jayreiner Mangahis Hernandez is DENIED without prejudice.

Moving Party to give NOTICE.

Plaintiff Lakeview Loan Servicing, LLC moves to appoint an attorney on behalf of Defendant Jayreiner Mangahis Hernandez.

Plaintiff filed this action on November 18, 2019, in order to judicially foreclose its Deed of Trust due to a breach in the payments for the loan secured by the Deed of Trust. Defaults have been entered against all Defendants.

However, default judgment cannot be entered because Defendant Jayreiner Mangahis Hernandez has been in active military duty as of May 4, 2016. (Coutts Decl., ¶ 5, Ex. 1.)

“Appointment of attorney to represent defendant in military service. If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.” (50 USC § 3931(b)(2).)

The Servicemember’s Civil Relief Act was enacted to protect the service member from entry of default in his/her absence. The court declines to appoint an attorney at this time. Although this action is three years old, there is no information as when the defendant will be ending his service. Further, Plaintiff failed to brief to the court as to the procedural requirements for an attorney appointment. Who pays the attorney’s legal fees? From which pool of attorneys may the court select from? There is simply insufficient information in the motion to grant the request at this time.

The motion is DENIED without prejudice.