Judge: Stephen I. Goorvitch, Case: 24STCV28789, Date: 2025-02-07 Tentative Ruling

Case Number: 24STCV28789    Hearing Date: February 7, 2025    Dept: 82

Zula Tucker Living Trust                                        Case No. 24STCV28789

Dated September 15, 2006                                     

v.                                                                     Hearing: February 7, 2025

                                                                        Location: Stanley Mosk Courthouse

                                                                                    Department: 82                                     

Quality Loan Service Corp., et al.                           Judge: Stephen I. Goorvitch

[Tentative] Order Discharging Order to Show Cause Without Prejudice

 Plaintiff Fred Tucker, as trustee of the Zula Tucker Living Trust dated September 15, 2006 (“Plaintiff”), a self-represented litigant, filed an ex parte application for a temporary restraining order and order to show cause re: preliminary injunction.  Plaintiff seeks to enjoin Defendants Quality Loan Service Corp., Neighbor to Neighbor Homes, LLC, Wedgewood Asset Management, LLC, Wolfe and Wyman, LLC, Kevin Jones, and Patricia Menegoto (“Defendants”) from foreclosing, selling, transferring, encumbering, borrowing, or causing an eviction on the property located at 1232 Via Landeta, Palos Verdes Estate, California 90274 (the “Property”).

On December 31, 2024, the court (Riff, J.) denied Plaintiff’s request for a temporary restraining order based upon a lack of irreparable harm.  However, the court issued an order to show cause re: preliminary injunction and set the hearing for January 22, 2025.  The Court ordered Plaintiff to serve the summons, complaint, and moving and supplemental papers. 

On January 22, 2025, the court (Goorvitch, J.)  held a hearing on the OSC.  No Defendant had filed an opposition or appeared at the hearing, and Plaintiff requested a continuance to attempt to retain counsel.  Therefore, the court continued the OSC hearing to February 7, 2025, and ordered Plaintiff to serve the court’s minute order forthwith.  On January 27, 2025, Plaintiff filed a notice of ruling.  The notice of ruling states, incorrectly, that a TRO was issued and “shall remain in effect for 22 days.”  The court has not issued a TRO but rather set an OSC re: preliminary injunction. 

Plaintiff has filed the following proofs of service:

1.         On January 10, 2025, Plaintiff filed proofs of service stating that he served the summons and complaint on Defendants Neighbor to Neighbor Homes, LLC, and Wedgewood Asset Management, LLC, by substitute service on January 3, 2025. 

2.         On February 5, 2025, Plaintiff filed a proof of service stating that he served the summons and complaint on Defendant Quality Loan Service Corp. by substitute service on January 3, 2025.

3.         On February 5, 2025, Plaintiff filed a proof of service stating that he served “Ashee Walker” electronically on January 3, 2025.

4.         On February 6, 2025, Plaintiff filed a proof of service stating that he served Kevin Jones by substitute service on January 10, 2025.   

There are several issues with service.  Substitute service is deemed complete 10 days after the mailing.  (Code Civ. Proc. § 415.20(a), (b).)  Some defendants have not been served.  Therefore, the court lacks jurisdiction and cannot rule on this OSC with respect to Wolf and Wyman, LLC and Patricia Menegoto.

There is no basis to find irreparable harm, as the pleadings do not make clear when the foreclosure sale will occur.  Nor is there a clear basis to issue a preliminary injunction against Neighbor to Neighbor Homes, LLC, and Wedgewood Asset Management, LLC.  The complaint is not verified and, therefore, is not competent evidence in support of the application.  Plaintiff’s two-page declaration filed with the application does not mention Neighbor to Neighbor Homes, LLC, and Wedgewood Asset Management, LLC.  In a declaration filed February 3, 2025, in support of an automatic extension of the time to file a demurrer, Neighbor to Neighbor Homes, LLC, and Wedgewood Asset Management, LLC, include a letter from their counsel to Plaintiff stating: “[M]y clients never held title to the property at issue in your lawsuit, as it was purchased by Kevin Jones pursuant to SB 1079. Neither of my clients were involved in the loan or the foreclosure.”

            Based upon the foregoing, the court orders as follows:

            1.         The court discharges the order to show cause re: preliminary injunction.

            2.         This order is without prejudice to Plaintiff filing a noticed motion for preliminary injunction in the home court (Department 14).

            3.         Ex parte applications are reserved for emergency situations, e.g., when the noticed motion for a preliminary injunction cannot be heard before the foreclosure sale.  This order is without prejudice to Plaintiff filing an ex parte application that makes clear the nature of the exigency and the evidence in support of a temporary restraining order against every defendant for whom it is sought.

            4.         The court’s clerk shall serve this order upon Plaintiff.  Plaintiff shall provide notice to any defendant who has been served.  Plaintiff need not provide notice to defendants which have not been served.