Judge: Ronald F. Frank, Case: 24TRCV00272, Date: 2024-06-25 Tentative Ruling

Case Number: 24TRCV00272    Hearing Date: June 25, 2024    Dept: 8

Tentative Ruling

Ex Parte Application in Case No. 24TRCV00272 ADELITA B SIBAL, TRUSTEE  vs CAA, INC.

Hearing:              Tuesday, June 25, 2025

Opposition:       None filed

Tentative:           Deny without Prejudice

                The Application contends there is a Trustee sale noticed for Wednesday, Jun 26, 2024 for the subject property.  But there is no admissible evidence submitted in support of the TRO application.  There is an attorney declaration of notice to “the Trustee” and “the lender” and 3 email addresses relating to  the foreclosing Trustee including one for a “Leticia Agiss” who is not a person as to whom telephonic notice was made or attempted to be made.  There also is an ombudsman email address again with no name identified.  No human being is identified to whom telephonic notice was given.  The e-signed application is not under penalty of perjury, and there is no declaration from Plaintiff Ms. Sibal.  No party has been served, per the Court file, but numerous requests for service by publication have been made with none of those requests granted.  The Court discussed this issue with counsel at the CMC on May 13, 2024, noting that if a defendant were in prison there are better ways to attempt to serve him than publication in an Inglewood newspaper.

The moving papers attach a February 6, 2023 Notice of Default from a Veronic Eisert but no telephonic or emailed notice of this ex parte application was given to her.  A Notice of a 9/12/23 Trustee’s Sale (to the Estate of Danilo Ordonez, “an unmarried man”) dated July 18, 2023 signed by a Maricela Mercado is included in the moving papers, but there is no written notice of the claimed June 26, 2024 continued, extended, or new Notice of Trustee sale.  There is no notice of trustee sale to Plaintiff herself or to alleged convicted scam artist Mr. Tikal, although Plaintiff did file a declaration in February of 2024 stating that she married Mr. Ordonez in 2016.  The September 2023 Notice of Trustee Sale has a $1,023,391.82 amount listed as the unpaid balance and other charges, an amount substantially larger than the $938,895 indebtedness amount given in the unverified moving papers.  There are unauthenticated documents appearing to reflect an offer and two counteroffers in January of 2024, but nothing since January of 2024 and especially no signed escrow instructions or indication that escrow was even opened much less still open.  There is no authenticated trust document showing that Ms. Sibal is the trustee of the Dandel Revocable Trust or that the subject property was placed into that trust.  In short, the Court lacks sufficient evidence for the moving party to carry its burden of proof.