Judge: Peter A. Hernandez, Case: 23PSCV01705, Date: 2023-08-23 Tentative Ruling

Case Number: 23PSCV01705    Hearing Date: January 16, 2024    Dept: K

The hearing on Defendants WT Capital Lender Services’, Lexington National Insurance Corporation’s and Freedom Immigration Bonds & Insurance Services, Inc.’s Motion for Attorney’s Fees is DENIED.

Background   

Plaintiff Salim Qadir (“Plaintiff”) alleges as follows:

Plaintiff was the owner of the property located at 1508 Gide Ct., Diamond Bar, CA 91765 (“subject property”). On or about March 9, 2018, Basel Hassolimeh obtained a mortgage loan on the subject property from Freedom Immigration Bonds & Insurance Services, Inc. (“Freedom”) in the amount of $20,000.00, which was memorialized by a recorded deed of trust. The maturity due date is undisclosed. On July 9, 2019, a “Notice of Default and Election to Sell Under a Deed of Trust” was recorded. On March 15, 2023, a “Notice of Trustee’s Sale” was recorded. The sale date was initially set for April 12, 2023, but subsequently continued to May 10, 2023. The subject property was sold on May 10, 2023.

On June 7, 2023, Plaintiff filed a complaint, asserting causes of action against Freedom, WT Capital Lender Services (“WT”), Lexington National Insurance Corporation (“Lexington” and collectively with Freedom and WT as “Defendants”), and all persons or entities known or unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in this complaint adverse to Plaintiff’s title, or any cloud upon Plaintiff’s title thereto and Does 1-10 for:

1.                  Violation of Civil Code § 2923.5

2.                  Violation of Civil Code § 2924(a)(1)

3.                  Violation of Civil Code § 2924.9

4.                  Wrongful Foreclosure

5.                  Interpleader Pursuant to Code of Civil Procedure § 386 and Civil Code §§ 2924j and 2924k

6.                  Unfair Business Practices, Violation of Business & Professions Code § 17200, et seq.

7.                  Cancellation of Written Instruments, Civil Code § 3412

8.                  Quiet Title, Code of Civil Procedure § 761.020

On August 23, 2023, the court sustained Defendants’ demurrer, without leave given to amend.

On September 6, 2023, judgment was entered. On September 12, 2023, Defendants filed (and served via mail) a “Notice of Entry of Judgment.”

Legal Standard

“Except as attorney’s fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties. . .” (Code Civ. Proc., § 1021).

Discussion

Defendants move the court for an award of $11,725.00 in attorney’s fees and assert that they are entitled to attorney’s fees “pursuant to the deeds of trust at issue in this action.”

However, Defendants have not attached the deed of trusts (referenced as a “2018 junior deed of trust” attached as Exhibit A to Plaintiff’s complaint and a “2016 junior deed of trust” attached as Exhibit B to the Request for Judicial Notice (“RJN”) accompanying their demurrer filed July 12, 2023) as exhibits to their motion.

Regardless, the court notes that Exhibit A to Plaintiff’s complaint and Exhibit B to the RJN are identify Hassouneh Basel S. (“Hassaouneh”) as “Trustor,” Ronald A. Frank, or Lisa Slater as "Trustee” and Lexington as "Beneficiary.” Both deeds of trust were executed by Hassaouneh, not Plaintiff. Plaintiff is not identified as a party to either deed of trust. Defendants have not provided the court with any legal analysis entitling them to attorney’s fees as against Plaintiff.

The Motion for Attorney’s Fees is DENIED.