Judge: Stephen P. Pfahler, Case: PC058000, Date: 2023-05-10 Tentative Ruling
Case Number: PC058000 Hearing Date: September 26, 2023 Dept: F49
Dept.
F-49
Date:
09/26/23
Case
# PC058000
MOTION TO CORRECT PLAINTIFF’S NAME IN CASE CAPTION
Moving
Party: Plaintiffs Mylene Lopez-Farooq
Opposing
Party: None
RELIEF
REQUESTED
Correct
Plaintiff’s Name in Case Caption
SUMMARY
OF ACTION
On
September 25, 2017, Plaintiff Mylene Lopez-Farooq (“Mylene”) filed a complaint
against Defendants Bank of America N.A. (“Bank of America”), Ditech Financial,
LLC f/k/a Green Tree Servicing, LLC (“Ditech”), and Clear Recon Corp. (“Clear
Recon”) alleging causes of action for: (1) violation of Civil Code § 2923.55;
(2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2923.7; (4)
violation of Civil Code § 2924.12; (5) breach of contract; (6) breach of the
covenant of good faith and fair dealing; (7) negligence; (8) negligent
infliction of emotional distress; (9) unfair business practices.¿¿¿
On
May 24, 2018, the court sustained Bank of America’s demurrer without leave to
amend as to the First through Fourth Causes of Action.¿ As the demurrer was
sustained without leave to amend as to Bank of America, Judgment was entered in
favor of Bank of America, and against Mylene, on July 19, 2018.¿¿¿
On
November 26, 2018, Mylene, self-represented, filed the First Amended Complaint
(“FAC”) for (5) breach of contract; (6) breach of the covenant of good faith
and fair dealing; (7) negligence; (8) negligent infliction of emotional
distress; and (9) unfair business practices.¿
On
February 18, 2022, Mylene filed a second amended complaint (the “SAC”), added a
new Plaintiff Ibrahim Farooq (“Ibrahim”), and asserted nineteen causes of
action against several defendants including Bank of America, Bank of America
Corp. and newly added defendants BAC Home Loans Servicing, LP fka Countywide
Home Loans Servicing LP, ReconTrust Company, N.A., , Countywide Home Loans,
Inc., and Mortgage Electronic Registration Services, Inc (sued as “MERS, Inc.”),
and JT Legal Group. Thereafter, Mylene substituted multiple Defendants for
Does. The Court thereafter granted SADs
motions to quash service of summons.
On
January 20, 2023, the Court issued a minute order denying Plaintiffs’ motion for
leave to file a third amended complaint.
The minute order included an analysis vis-à-vis the five-year deadline
to bring this case to trial. The Court
in that analysis found that the deadline to bring the case to trial was March
25, 2023.
On
March 29, 2023, the Court dismissed this action, with prejudice, because
Plaintiffs failed to timely prosecute this matter in accordance with Code of
Civil Procedure sections 583.310, 583.360(a), and 583.420(2)(A).
On
April 18, 2023, the Court granted Specially Appearing Defendant Breckenridge
Property Fund 2016, LLC’s (“SAD”) motion to expunge lis pendens.
On
August 10, 2023, the Court denied Plaintiffs Motion to Vacate the Court’s April
18, 2023 order.
Ruling: Denied as moot.
Mylene moves the Court to change the case caption
to reflect her legal name, which is Mylene Lopez-Farooq. Mylene represents that the attorney who filed
this case incorrectly named her as Mylene Farooq instead of Mylene
Lopez-Farooq.
In light of the Court dismissing this case
on March 29, 2023, the Court finds that the requested relief is moot, and it is
unnecessary to update the case caption. Pursuant
to powers granted to the Court by Code of Civil Procedure section 128(a)(8)
“[t]o amend and control its process and orders so as to make them conform to
law and justice,” the Court DENIES Plaintiff’s Motion as MOOT.
Moving party to give notice.