Judge: Peter A. Hernandez, Case: 21PSCV00052, Date: 2022-08-09 Tentative Ruling
Case Number: 21PSCV00052 Hearing Date: August 9, 2022 Dept: O
Background
Plaintiff Pennymac Loan Services, LLC (“Plaintiff”) alleges as follows:
Jorge Hernandez (“Jorge”) and Orinda-Kisa (“Orinda”) Hernandez (“The Hernandezes”) own the property located at 16723 Doublegrove Street in La Puente, California (“subject property”); they acquired title as community property with rights of survivorship through a grant deed recorded September 30, 2016. On or about September 29, 2016, Jorge obtained a loan from Mortgage Research Center, LLC dba Veterans United Home Loans (“Veterans United”) in the principal amount of $489,460.00 (“subject loan”); in exchange for the subject loan Jorge executed a promissory note in Veterans United’s favor, which was secured by a deed of trust executed by Jorge and Orinda (solely as a spouse on title) recorded on September 30, 2016 (“subject DOT”). On or about January 2, 2020, Plaintiff was assigned the beneficial interest under the subject DOT through an Assignment of DOT recorded on January 17, 2020. The subject DOT contains the correct APN, but has an erroneous legal description.
On January 21, 2021, Plaintiff filed a complaint, asserting causes of action against The Hernandezes and Does 1-10 for:
Declaratory Relief
Reformation of Instrument
On December 17, 2021, The Hernandezes’ defaults were entered.
An Order to Show Cause Re: Default Judgment is set for August 9, 2022.
Discussion
Plaintiff’s Application for Default Judgment is granted, contingent upon Plaintiff’s counsel’s submission of an amended Request for Court Judgment Judicial Council form CIV-100 wherein Paragraph 8 is dated and properly executed, with the declarant’s name is typed/printed as instructed.