Judge: Salvatore Sirna, Case: 24PSCV00521, Date: 2024-10-03 Tentative Ruling

Case Number: 24PSCV00521    Hearing Date: October 3, 2024    Dept: G

Plaintiff Lakeview Loan Servicing, LLC’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Lakeview Loan Servicing, LLC’s Application for Default Judgment is CONTINUED to a date to be determined at the hearing set in Department G (Pomona).

BACKGROUND

This is an action for cancellation of instruments and declaratory judgment.

In March 2019, Defendants Ernesto Cano Avila and Ernesto Cano Sanchez financed the purchase of a property in La Puente with an FHA-insured mortgage loan that was secured by a recorded deed of trust. Subsequently, the loan and deed of trust were assigned to Plaintiff Lakeview Loan Servicing, LLC (Lakeview). Lakeview then discovered there were alleged scrivener’s errors in the grant deed, quitclaim deeds, and deed of trust for the La Puente property. Lakeview also discovered a prior lien remains recorded against the La Puente property that should be released.

On February 20, 2024, Lakeview filed a complaint against Cano Avila; Cano Sanchez; Secretary of Housing and Urban Development (HUD Secretary); Mortgage Electronic Registration Systems, Inc. (MERS); Aqua Finance, Inc. (Aqua); all unknown persons; and Does 1-10, alleging the following causes of action: (1) reformation of instruments, (2) cancellation of instrument, (3) declaratory judgment, and (4) quiet title. On April 19, 2024, Lakeview’s process server personally served Aqua in Sacramento. On April 23, 2024, Lakeview’s process server served Cano Avila and Cano Sanchez with substitute service in La Puente and personally served MERS in Glendale. On April 25, 2024, Lakeview’s process server personally served the HUD Secretary in Washington, D.C. after previously serving the HUD Secretary with personal service on April 24, 2024, in Los Angeles.

On May 31, 2024, the court entered default against MERS after they failed to timely file an answer. On June 4, 2024, the court entered default against Cano Avila and Cano Sanchez after they failed to timely file an answer. On June 7, 2024, the court entered default against Aqua after they also filed to timely file an answer.

On September 30, 2024, Lakeview filed the present application for default judgment. On October 1, 2024, Lakeview dismissed the fourth cause of action and entered into a stipulated judgment with the HUD Secretary.

An OSC Re: Default Judgment is set for October 3, 2024.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

Lakeview seeks default judgment against Cano Avila, Cano Sanchez, MERS, and Aqua in the form of reformation of instruments and declaratory judgment. But in submitting the present application for default judgment, Lakeview failed to include any supporting declarations and evidence as required by Code of Civil Procedure 585. While their application references a declaration by Linda Brown, the court notes such a declaration appears to be missing from their default judgment packet. Accordingly, the court finds their application for default judgment to be incomplete and CONTINUES the present hearing.

CONCLUSION

Based on the foregoing, the hearing on Lakeview’s application for default judgment is CONTINUED to a date to be determined at the hearing set in Department G (Pomona).