Judge Teresa A. Beaudet, Case Number: 24STCV02894, Date: 2024-08-01 Tentative Ruling

PLANET HOME LENDING, LLC, Plaintiff, vs. RUDY RAMIRO DE LEON JR, et al., Defendants.	Case No.:	24STCV02894
	Hearing Date:	August 1, 2024
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

Plaintiff Planet Home Lending, LLC (“Plaintiff”) requests entry of default judgment against Defendant Rudy Ramiro De Leon Jr. Plaintiff seeks judgment set forth in Plaintiff’s proposed judgment for reformation of instrument.

The Court grants Plaintiff’s request for judicial notice. However, the Court notes a few defects with the submitted default judgment package. The proposed judgment provides, inter alia, as follows:

“3. That certain Grant Deed recorded on July 14, 2022, as Document No. 20220722663 in the Official Records of Los Angeles is hereby reformed to reflect the true intention of the parties thereto;

4. That certain Deed of Trust recorded on July 14, 2022, as Document No. 20220722664 in the Official Records of Los Angeles is hereby reformed to reflect the true intention of the parties thereto…”

However, the proposed judgment does not clearly state how the subject Grant Deed and Deed of Trust will be reformed. It is not clear from the proposed judgment that the Grant Deed and Deed of Trust will be reformed to add the correct spelling of “plat” to the legal description. It appears that the prayer for relief of Plaintiff’s Complaint more clearly sets forth the relief sought.

In addition, the legal description of “Parcel 2” in paragraph 2 of the proposed judgment references a “so foot wide road.” This appears to be a typo. The legal descriptions contained in the subject Grant Deed and Deed of Trust reference a “60 FOOT WIDE ROAD.” (O’Connell Decl., ¶¶ 5-6, Exs. 1-2.)

Based on the foregoing, the Court continues the hearing on the status conference review of default judgment package to _____________, 2024 at 10:00 a.m. in Dept. 50. On or before _____________, 2024, Plaintiff shall file and serve a revised proposed judgment that addresses the defects identified above.

Superior Court of California

County of Los Angeles

Department 50