Judge: Richard Y. Lee, Case: 30-2022-01275960, Date: 2023-08-10 Tentative Ruling

Defendants Celink (“Celink”) and FSB Wilmington Savings Fund Society FSB Not Individually But Solely as Trustee for  Finance of America Structured Securities Acquisition Trust 2018-HB1 (“Wilmington”) (collectively “Defendants”) move for an order striking the entirety of the First Amended Complaint (“FAC”) filed by Plaintiff, Rodney K. Tomei.

Defendants contend that the FAC is subject to be stricken pursuant to Code of Civil Procedure section 436 because it fails to comply with the Court’s ruling sustaining, in part, Defendants’ demurrer for failure to include an indispensable party, The Junipero Trust #974, Vecchio Real Estate Corp., as Trustee

No opposition has been filed by Plaintiff. However, the Court’s file reflects that an Amendment to the First Amended Complaint was filed on July 27, 2023, naming Doe 1 as The Junipero Trust #974, Vecchio Real Estate Corp, As Trustee. (See ROA 74.) Based on the foregoing, the Court DENIES the motion to strike.

Defendants’ Request for Judicial Notice

Defendants request that the Court take judicial notice of the Trustee’s Deed Upon Sale recorded on September 14, 2022 in the Official Records of the Orange County Recorder’s Office, as Instrument No. 2022000305801 (“TDUS”).

The Court DENIES the request for judicial notice as it is not relevant to the determination of the issue on this motion. A court may deny a request for judicial notice on the ground that the material is not relevant to the determination of the issues. (State Compensation Ins. Fund v. ReadyLink Healthcare, Inc. (2020) 50 Cal.App.5th 422, 442-443.)

The parties should be prepared to proceed with the case management conference.

Plaintiff to give notice.