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27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: HOUSING Weidner Apartment Homes, Plaintiff, COMPLAINT vs. Mechelle Brown (dob unknown), John Doe, Jane Doe, Defendant. Parties1. Plaintiff is Weidner Apartment Homes. Plaintiff is a Landlord as that term is defined in Minn. Stat. § 504B.001, Subd. 7.2. Defendant is Mechelle Brown. Defendant is a Residential Tenant as that term is defined in Minn. Stat. § 504B.001, Subd. 12. The Lease3. There is a written lease between the parties and it is attached to the Complaint as Exhibit A.4. The address of the property in the Lease is 2836 Dupont Avenue South #CE148, in the City of Minneapolis, County of Hennepin, State of Minnesota, Zip Code 55408.5. The tenancy is not affected by a federal or state housing subsidy program through project-based federal assistance payments; the section 8 program; the LIHTC program or any other similar program. 1 27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM Conditions Precedent6. All necessary conditions precedent have been performed or have occurred.7. Plaintiff has complied with Minn. Stat. § 504B.181 by: a. disclosing to tenant either in the rental agreement or otherwise in writing prior to the beginning of the tenancy the name and address of: 1) the person authorized to manage premises; and 2) an owner or agent authorized by owner to accept service of process and receive and give receipts for notice and demands, AND b. posting in a conspicuous place on the property a printed or typewritten notice containing the above information in the lease, OR c. the above information is known by or has been disclosed to the tenant not less than 30 days before the filing of this action because of communications from landlord. Count 1: Eviction – Non-payment8. A detailed, itemized accounting or statement listing the amounts owing is attached to this Complaint as Exhibit B.9. The written notice required by Minn. Stat. § 504B.321, Subd. 1a was properly delivered. That notice is attached to this Complaint as Exhibit C.10. In addition to the arrearages identified in the immediately preceding paragraphs, pursuant to Minn. Stat. § 504B.291, prior to redeeming the tenancy and being restored to possession, Defendant(s) may be required to pay to the landlord or bring to court the amount of the rent that is in arrears, with interest, costs of the action, and an attorney’s fee not to exceed $5, and by performing any other covenants of the lease – including amounts that become due during the pendency of this action.11. The total amount required to redeem the tenancy is $1,935.10 + $377.00 (costs of the action – filing fee and service fee) for a total of $2,312.10, plus any additional amounts, or other covenants of the lease which may become due during the pendency of the action. The amount pled may not include all money owing under the lease.12. Defendants’ military status is unknown. 2 27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM Request for Relief1. Plaintiff seeks judgment against Defendant and an Order for possession of the property and the issuance of an immediate Writ of Recovery.2. Plaintiff seeks all allowable costs and disbursements of the action.I declare under penalty of perjury that everything I have stated in this document is true andcorrect to the best of my knowledge and belief. Minn. Stat. § 358.116.Dated: July 30, 2024 HANBERY & TURNER, P.A. /s/ Douglass E. Turner Douglass E. Turner, #0279948 33 South 6th St. Suite 4160 Minneapolis, MN 55402 Tele: (612) 353-4388 EM: hnc@hnclaw.com Attorney for Plaintiff 3 27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM APARTMENT LEASE CONTRACT NA-A- mom hwhfl'vlvn Date of Lease Contract: nugget: 21 , 2023 This is a binding document. Read carefully before signing. (when the Lease Contract is filled out) |_ Maggi General information J 1. PARTIES. This Lease Contract (sometimes referred to as the 3. LEASETBRM. The initial term of the Lease Contract begins on the _18t day of _s_e_2t:_ember: 2923 , and ends at 'lease') is between you. the resident(s) (list all people signing the _,. Lease C ontroct): 11:59 pm the 4th day of _2_o_21_, Mnhhfl' 1n chainiko Brown This Lease Contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move-out as required by paragraph 51 least 30 (Move-Out Notice). if the number of days isn't filled in. at days notice is required/it least 15 days before this leaseautomatically renews. we will send you notice of automatic renewal as required by statute. 4. RENT AND CHARGES. Unless the parties agree in writing otherwise, you will pays _1_6_5_3_-00 per month for rent, payable in advance and without demand: [I at the on-site manager's office. or and us the owner: a at our online payment site, or -sit:e man: a '3 office it ch T.T.l' m at the accegtg Cashier's checks only 1 apartment communityror flue hold 1. Y dtorent | Dmrarfld rant of s Prorated rent 1658 0 | ls due for the remainder of [check Apartment No. at C514 . one]: a ist month orC] 2nd month,on Ave S #62148 __2_°.2_3_. Any additional expenses attributable to the online ' ' 7 (street address) in payment of rent will be disclosed to you by us. (CM). Otherwise, you must pay your rent on or before the lst day ofeach 55405 (zip code) (the "apartment" or the Minnesota, month [due date] with no grace period. Cash is unacceptable without The terms "you" and "premise-s") for use asa private residence only. our prior written permission. You must not withhold or offset "your" refer to all residents listed above. The terms "we," "us." and rent unless authorized by statute. We may. at our option. and upon "our" refer to the owner listed above [orany of owner's successors' advance notice to you, require at any time that you pay all rent and in interest or assigns). Written or electronic notice to or from our othersums in cash. certified or cashier's check. money order. orone has managers constitutes notice to or from us. If anyone else monthly check rather than multiple checks. At our discretion. we Lease guaranteed performance of this Lease Contract. a separate may convert any and all checks via the Automated Clearing House Contract Guaranty for each guarantor is attached. Rent is not (ACH) system for the purposes of collecting payment. The person authorized to manage the apartment is: considered accepted if the payment/ACH Is rejected. does not clean Karen Johnson or is stopped for any reason. if you don't pay all rent on or before the 3rd day of the month, you'll pay a late charge. Your late Name or charge will be (check one): D a flat rate of S 283'! hereon live Soutii m _9_% of your total rent due. The total amount of your late rent charges shall not exceed eight percent (8%) of your monthly St rect Address payment. You'll also pay a charge of S 30 - 0° for each Minneapolis MN 55408 returned check or rejected electronic payment, plus a late charge. If you don't pay rent on time, you'll be delinquent and all remedies City. State, Zip Code underthis Lease Contractwill beauthorizcd. All payment obligations The owner or agent authorized to accept service of process and under this Lease Contract shall constitute rent under this Lease receive and give receipts for notices is: Contract. crayon: Management Services LLC I Name 5. SECURITY DEPOSIT. Unless the parties otherwise agree in a separate addendum document. the total security deposit at the time 2837 meteor: Ave South of execution of this Lease Contract for all residents in theapartment is S 0 - 00 due on or before the date this Lease Contract Street Address is signed. Minneagolia mi 55408 in compliance with Minnesota low. your security deposit will City, State. Zip Code bear simple interest. interest will be included as part of the ' ion of your . " y 2. OCCUPANTS. The apartment will be occupied only by you and security deposit. Within 21 days after ter and receipt ofyourmalling address or written delivery instructions. (list all other occupants not signing the Lease Contract): we will return the deposit to you, with interest, or furnish to you a Tax-an Thomas written statementspecifying the reasons for the withholding of the deposit or any portion thereof. You may not withhold payment of any portion of any rent on the grounds that the security deposit should serve as payment of the rent. 6. KEYS. You will be provided _1_ apartment key(s), 1 other access mailbox kcy(s). FOB(s), and/or device(s) for access to the building and amenities at no additional cost at move-in. if the key, FOB, or other access device is lost or becomes damaged during your tenancy or is not returned or is returned damaged when you move out. you will be responsible for the costs for the replacement and/or repair of the same. No one else may occupy the apartment. Persons not listed above 3 7. UTILITIES. We'll pay forthe following items. if checked: must not stay in the apartment for more than consecutive Cl water Cl gas CI electricity CI master antenna days without our prior written consent. and no more than twice D wastewater D trash CI cable TV that many days in any one month. if the previous space isn't filled CI other in. two days per month is the limit. You'll pay for all other utilities. related deposits. and any charges. fees. or services on such utilities. You must not allow utilities to be 02023." ' 'Apartmcnt' lnc.-4/2023.Mlnnesota Page 1 of 8l/Wecéelleéflaom *3 flMflmW EXHIBIT A 27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM disconnectedincluding disconnection for not paying yourbills Additionally, you are [check one] a required to purchase personal until the lease term or renewal period ends. Cable channels that arc liability insurance D not required to purchase personal liability insurance. If no box is checked. personal liability insurance is not provided may bechanged during the lease term if the changeapplies to all residents. Utilities may be used only for normal household required. if required. failure to maintain personal liability insurance purposes and must not be wasted. lf your electricity is ever throughout your tenancy. including any renewal periods and/or lease extensions. is an incurable breach of this Lease Contract and Interrupted. you must use only battery-operated lighting. if any utilities are submetered for the apartment. or prorated by an may result in the termination of tenancy and eviction and/or any allocation formula. we will attach an addendum to this Lease Contract other remedies as provided by this Lease Contract or state law. in compliance with state agency rules or city ordinance. Pursuant 9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the to Minnesota Statute 5043.215 Subd. 23. upon your request. we shall provide a copyof the actual utility bill for the community along prior resident moves out. The rekeying will be done before you move into your apartment. with each apportioned utility bill. You may atany time ask us to change or rekey locks or latches during 8. INSURANCE. We do not maintain insurance to cover your personal the Lease 1mm. We must comply with those requests. but you must property or personal injury. We are not responsible to any resident, pay for them. unless otherwise provided by law. or guest, or occupant for damage or loss of personal property Payment for Rekeylng, Repairs. Etc. You must pay for all repairs personal injury from (including but not llmlted to) fire. smoke, rain. or replacements to devices arising from the willful. malicious, or flood. waterand pipe leaks,hall. ice,snow,lightning,wind,explosions. ea rthquake, interruption of utilities. theft. hurricane. negligence of irresponsible conduct by you or your occupants. or guests during other residents. occupants,or invited/uninvited guests or vandalism your occupancy. You may be required to pay in advance if we notify you within a reasonable time after your request that you are more unless otherwise required by law. than 30 days delinquent in reimbursing us for repairing or replacing in addition, we urge all residents, and particularly those residing a device which was misused or damaged by you. your guest or an in coastal areas, areas near rivers, and areas prone to flooding. to occupant: orif you have requested that we repair or change or rekey obtain flood insurance. Renter's insurance may not cover damage the same device during the 30 days preceding your request and we to your property due to floodingJl flood insurance resource which have complied with your request. Otherwise. you must pay may be available includes the Natlonal Flood insurance Program immediately after the work is completed. managed by the Federal Emergency Management Agency (FEMA). We D require D do not require you to get your own insurance for losses to your personal property or iniuries due to theft. fire. water damage. pipe leaks and the like. If no box is checked, renter's insurance is not required. Special,£rovisions and "What If" Clauses 10.SPECIAI. PROVISIONS. The following special provisions and any owns or uses] if you are judicially evicted or if you surrender or addenda or written rules furnished to you at or before signing will abandon the apartment (see definitions in paragraph 56 (Deposit become a part of this Lease Contract and will supersede any Return,5urrendei-. and Abandonment». We will store and care for conflicting provisions of this printed lease form. property removed under this section. We may sell or otherwise the dispose of the property 28 days after you have abandoned See Additional Special Provisions apartment. and we may apply the proceeds of such sale to the removal. care and storage costs and expenses according to state statute. You will be notified of the sale at least 14 days prior to the sale by personal service or written notice sent to your last known address by certified mail. See any additional special provisions. 14. I-'AILING To PAY FIRST MON'rIrs RENT. iryou don't pay the first month's rentwhen or before the Lease Contract begins. and subject 11.EARLY MOVE-OUT. You'll be liable to us fora reletting charge of to our duty to mitigate our damages. we may end your right of s 1 658 (not to exceed 100% of the highest monthly! rent occupancy and recover damages. future rent, reletting charges, during the lease term) if you: attorney's fees. court costs, and other lawful charges. Our rights (1) fail to give written move-out notice as required ln paragraph and remedies under paragraphs 11 (Early Move-Out) and 34 (Default 51 (Move~Out Notice): or by Resident) apply to acceleration under this paragraph. [2) move out without paying rent in full for the entire lease term or renewal period: or 15.RENT INCREASES AND LEASE CONTRACI' CHANGES. No rent increases or Lease Contract changes are allowed before the initial (3) move out at our demand because of your default. Lease Contract term ends, except for changes allowed by any special The relating charge Is not a cancellation fee and does not release you in paragraph 10 [Special Provisions), by a written provisions from your obligations under this Lease Contract. "" ium or amen " signed by you and us. or by reasonable Not a Release. The reletting charge is not a lease cancellation fee changes of apartment rules allowed under paragraph 19 (Community orbuyout fee. itis an agreed-to liquidated amount covering only part Policies or Rules). lf, at least 5 days before the advance notice deadline of our damages; that is. our time. effort. and expense in finding and referred to in paragraph 3 (Lease Term). we give you written notice processing a replacement. These damagesare uncertain and difficult of rent increases or lease changes effective when the lease term or to ascertainparticularly those relating to inconvenience. paperwork, renewal period ends. this Lease Contract will automatically continue advertising. showing apartments, utilities for showing, checking month-twmonth with the increased rent or lease changes. 'l'he new prospects. office overhead, marketing costs. and locator-service fees. modified Lease Contract will begin on the date stated in the notice You agree that the reletting charge is a reasonable estimate of such (without necessity of your signature) unless you give us written damages and that the charge is due whether or not our reletting move- out notice under paragraph 51 (Move-Out Notice). attempts succeed. lfno amount is stipulated. you must pay our actual relettingcosts so faras they can bedetermlned.'l'he reletting charge 16.DELAY OF OCCUPANCY. if occupancy is or will be delayed for does not release you from continued liability for: future or past-due construction. repairs. cleaning. or a previous resident's holding rent; charges for cleaning. repairing repainting. or unretumed keys: over, we're not responsible for the delay. The Lease Contract will or other sums due. remain in force subject to: (1] abatement of rent on a daily basis during delay; and (2) your right to terminate as set forth below. 12.nElMBURSEMENT. We agree to make the premises and all common Termination notice must be in writing. After termination, you are areas fit for the use intended by the parties and to kecp the premises entitled only to refund of deposit(s) and any rent paid. Rent abatement in a reasonable repair during the term ofthis Lease Contract. However, or lease termination does not apply if delay is for cleaning or repairs you must promptly reimburse us for repairs due to the willful. that don't prevent you from occupying the apartment. malicious, or irresponsible conduct by you or your guests or occupants. if there is a delay and we haven't given notice of delay as set forth We may require payment at any time. including advance payment of immediately below, you may terminate up to the date when the repairs for which you're liable. Delay in demanding sums you owe is not a waiver. apartment is ready for occupancy. but not later. [1) If we give written notice to any of you when or after the initial 13.?ROPBRTY LEI-'1' IN APARTMENT. Under Minnesota law. we may term as set forth in Paragraph 3 (Lease Term) and the notice remove and/or store all property remaining in the apa rtment or in states that occupancy has been delayed because of construction common areas [including any vehicles you or any occupant or guest or a previous resident's holding oven and that the apartment o 2023, National Apartment Association. Inc. - 4/2023, Minnesota Page 2 of B'Mmzze elem, *4 pmpmw 27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM will be ready on a specific dateyou may terminate your we are charged a fee, charge, or tax,based upon youruse or occupancy tenancywithin 3 days of your receivlng the notice, but not later. of theapartment. we may add this charge as Additional Rent,durlng the term of the Lease Contract, with thirty (30) days advance written (2) if we glve written notice to any of you before the initial term notice to you. After this written notice (the amountorapproximate as set forth in Paragraph 3 (Lease Term) and the notice states amount of the charge.wil| be included),you agree to pay,as Additional that construction delay is expected and that the apartmentwill Rent, the amount of the charge, tax or fee imposed upon us, as a be ready for you to occupy on a spcclfic date, you may terminate result of your occupancy. As examples, these charges can include. your tenancy within 7 days after any of you receives written butare notlimited to: any charges we receive forany zoning violation. notice, but not later. The readiness date is considered the new sound, noise or litter charge: any charge under any nuisance or initial term as set forth in Paragraph 3 (Lease Term] for all chronic nuisance type statute, 911 or other life safety. per person, date purposes. This new date may not be moved to an earlier or per unit charge or tax and any utility hill unpaid by you, which unless we and you agree. is then assessed to us for payment. 17.AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT. 18.DISCI.OSURE RIGHTS. if someone requests information on you Unless otherwise prohibited by law. if. during the term of this or your rental history for law-enforcement. governmental. or Agreement. anylocality, city, state, or Federal Government imposes business purposes, we may provide it. upon Us, any fee, charge, or tax. which is related to or charged by the number of occupants. or by the apartment unit Itself. such that While You're Living in the Apartment 19.COMMUNITY POLICIES 0R RULES. You and all guests and 22.PARKING. We may regulate the time. manner. and place ofparking occupants must comply with any written apartment rules and cars, trucks, motorcycles, bicycles, boats. trailers, and recreational community policies. including instructions forcare of our property. vehicles by anyone. We may have unauthorized or illegally parked To the extent they are not inconsistent with this Lease Contract or vehicles towed under an appropriatestatute. Avehicleis unauthorized Minnesota law. our mics are considered part of this LeaseContract. orillegally parked in the apartment community ifit: - with Mi law. we may Upon advance notice and (1) has a flat tire or other condition rendering it inoperable; or - - make reasonable changes to the said written rules. (2) is on jacks, blocks or has wheel(s) missing; or (3) has no current license plate or no current registration and/or 20.].IMITATIONS 0N CONDUCT. The apartment and other areas inspection sticker: or reserved for your private use must be kept clean and free of trash. ofat least weekly (4) takes up more than one parking space: or garbage. and other debris.1'rash must be disposed (5] belongs to a resident or occupant who has surrendered or in appropriate receptacles in accordance with local ordinances. abandoned the apartment; or Passageways may be used only for entry or exit. You agree to keep [6] is parked in a marked handicap space without the legally all passageways and common areas free of obstructions such as required handicap insignia: or trash. storage items, and all forms of personal property. No person (7) ls parked in space marked for manager, staff, or guest at the shall ride or allow bikes. skateboards. or other similar objects in office; or the passageways. Anyswimming pools, saunas, spas, tanning beds, (8) blocks another vehicle from exiting: or exercise rooms. storerooms, laundry rooms, and simllarareas must (9] is parked in a fire lane or designated "no parking" area; or be used with care in accordance with apartment rules and posted or (10] ls parked in a space marked for other resident(s) or unit(s); signs. Glass containers are prohibited in all common areas. You, (11) is parked on the grass, sidewalk, or patio; or your occupants, or guests may not anywhere in the apartment (12)blocks garbage trucks from access to a dumpster: or community: use candles or use kerosene lamps or kerosene heaters (13) belongs to a resident and is parked in a visitor or retail parking without our prior written approval; cook on balconies or outside; space. or solicit business or contributions. Conductingany kind of business (including child care services) in your apartment or in the apartment 23.REI.EASE 0F RESIDENT. Unless you're entitled to terminate your community is prohibitedexcept thatany lawful business conducted tenancy under paragraphs 10 (Special Provisions), 16 (Delay of 'at home' by computer. mail, or telephone is permissible if customers, 0ccupancy),32 (Responsibilities of 0wner),44 (Rightof Victims of clients. patients, or other business associates do not come to your Domestic/lbuse to Terminate Tenancy), or52 (Move-Out Procedures): apartment for business purposes. We may regulate: (l) the use of or unless. upon your death, your personal representative gives patios, balconies, and porches: (2) the conduct of furniture movers statutory notice pursuant to paragraph 43 (Termination of Lease and delivery persons; and (3) recreational activities in common Upon Death of Resident), you or your heirs won't be released from areas. You'll be liable to us for damage caused by you or any guests this Lease Contract for any reason including, but not limited to, or occupants. voluntary or involuntary school withdrawal or transfer, voluntary We may exclude from the apartment community guests or others or involuntary job transfer, marriage, separation, divorce, who, in our judgment. have been violating the law, Violating this reconciliation, loss of co-rcsidents, loss of employment or bad health. Lease Contract or any apartment rules, ordisturblng other residents, 24.MILITARY PERSONNEL CLAUSE. All parties to this Lease Contract neighbors, visitors, or owner representatives. Wc may also exclude from any outside area or common area a person who refuses to agree to comply with any federal law, including. but not limited to the Service Member's Civil Relief Act, orany applicable state law(s], show photo identification or refuses to identify hlmselfor herself as a resident, occupant. or guest of a specific resident in the if you are seeking to terminate this Lease Contract and/or subsequent renewals and/or Lease Contract extensions under the rights granted community. by such laws. You agree to notify us if you or any occupants are convicted of any felony, or misdemeanor involving a controlled substance, violence 25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants to another person or destruction of property. You also agree to and guests must exercise due care for your own and others' safety notify us if you or any occupant registers as a sex offender in any and security,especiallyin the useofsmoke detectors,carbon monoxide state. informing us of crimi nal convictions orsex offender registry detectors, keyed deadbolt locks, keyless bolting devices, window does not waive our right to evict you. latches, and access control devices. 21.?ROHIBITED CONDUCT. You, your occupants or guests. or the Smoke Detectors/Carbon Monoxide Detectors. We'll furnish may not _, u in the following activities: smoke detectors and carbon monoxide detectors only if required by guests of any nr r behaving in a loud or obnoxious manner: disturbing or threatening statute, and we'll test them and provide working batteries when you the rights. comfort, health, safety. or convenience ofothers (including first take possession. After that. you must test the smoke detectors our agents and employees) in or near the apartment community: and the carbon monoxide detectors on a regular basis, and pay for and replace batteries as needed. unless the law provides otherwise. disrupting our business operations; manufacturing, delivering, We may replace dead or missing batteries at your expense, without possessing with intent to deliver, or otherwise possessinga controlled substance or drug paraphernalia; engaging In or threatening prior notice to you. You must Immediately report smoke-detector violence; possessing a weapon prohibited by state law: discharging malfunctions to us. Neither you nor others may disable neither the a firearm in the apartment community: displaying or possessing a smoke detectors nor the carbon monoxide detectors. if you damage or disable thesmokedetcctor orcarbon monoxide detector. orremove gun. knife. or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances: a battery without replacing it with a working battery, you may be liable to us under state statute forSlOD plus one month's rent, actual tampering with utilities or telecommunications: bringing hazardous materials into the apartment com munity: or injuring ourreputation damages, and attorney's fees. if you disable or damage the smoke detector orcarbon monoxide detector, or fail to replace a dead battery by making bad faith allegations against us to others. or report malfunctions to us. you will be liable to us and others for any loss, damage, or fines from fire, smoke, or water. O 2023.Natlona| Apartment Association. Inc. 4/2023. Minnesota - Page 3 ofaWm 612mm "5 pmpmw- 27-CV-HC-24-5230 Filed in District Court State of Minnesota 7/30/2024 4:47 PM Casualty Loss. We're not liable to any resident, guest, or occupant utility costs. We may turn off equipment and interrupt utilities as for personal injury or damage orloss of personal property from any needed to avoid property damage or to perform work. If utilities cause. including but not limited to: fire, smoke, rain. flood, water malfunction or are damaged by fire, water, or similar cause, you and pipe leaks, hail, ice, snow. l
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HULL, ET AL. VS. THE CADLE COMPANY, ET AL.Case Number: 22CV-0200159Tentative Ruling on Order to Show Cause Re Sanctions: An Order to Show Cause Re:Sanctions (“OSC”) issued on May 17, 2024, to Plaintiffs James Hull and Shirley Hull for failureto abide by California Rule of Court 3.110. Defendant Tri Counties Bank was amended into theComplaint on January 24, 2024. There has been no summons issued for Tri Counties Bank, andthey have not been served. The matter is not at issue. No response to the OSC has been filed.Plaintiff James Hull appeared at the most recent hearing on July 22, 2024, and informed the Courtthat he intended to dismiss this matter. The Court advised Mr. Hull that the Court would vacatethis OSC if the matter was properly dismissed prior to today’s hearing. No request for dismissalhas been filed. Plaintiff remains in violation of CRC 3.110. Sanctions will be imposed in theamount of $250. The clerk is instructed to prepare a separate Order of Sanctions.Tentative Ruling on Motion for Attorney Fees: This action alleging violations of the CaliforniaHomeowner Bill of Rights, wrongful foreclosure, and other causes of action was filed by PlaintiffJames and Shirley Hull on July 14, 2022. Plaintiffs purchased their home in 2006 with a loan fromTri-Counties Bank. BBR Investments LLC bought the loan and deed of trust in August 2016, andcurrently owns the mortgage note and deed of trust. The Cadle Company (“Cadle”) services theloan for BBR Investments LLC. The Cadle Company’s Motion for Summary Judgment wasgranted by this Court on April 15, 2024. Cadle moves now for attorney fees and costs. The motionfor fees and costs is unopposed.Merits: A prevailing party is entitled to costs. CCP § 1032. “Costs” may include attorney’s feesif they are provided by contract. CCP § 1033.5(a)(10). Civil Code § 1717 provides that on anyaction on a contract where the contract provides for attorney’s fees, the prevailing party on thecontract shall be entitled to attorney’s fees in addition to other costs. A prevailing party is definedas the party with a net recovery, a defendant in whose favor a dismissal is entered, a defendantwhen neither side obtained any relief and a defendant as against a plaintiff who do not recoveryany relief against defendant. CCP § 1032.Here, Cadle’s basis for recovery of attorney fees is contractual. The Deed of Trust betweenBorrower James and Shirley Hull, and Lender Tri Counties Bank, attached as Ex. A to the VerifiedAmended Compliant as Ex. 1, provides at p. 9 ¶ 14, for recovery of attorneys’ fees and costs relatedto the Borrower’s default for the purpose of protecting Lender’s interest in Property and Lender’srights under the Deed of Trust. A Loan Modification Agreement was entered into on December14, 2018, by The Cadle Company, servicing for BBR Investments, and James and Shirley Hull.The Agreement provides that it is a modification of the Loan Documents (the Note and Deed toTrust) to the extent it is inconsistent, and the remainder of the terms remain in full force and effect.(Decl. Coleman, Ex. 4, ¶ 15.) The attorney fees provision of the Deed of Trust therefore applieshere, entitling Cadle to attorney fees and costs. Cadle prevailed on a motion for summaryjudgment. Judgment was entered in favor of Cadle and Plaintiffs received no relief. The Courtfinds that Defendant is the prevailing party as defined by CCP § 1032.“[T]he fee setting inquiry in California ordinarily begins with the ‘lodestar,’ i.e., the number ofhours reasonably expended multiplied by the reasonable hourly rate.” PLCM Group, Inc. v.Drexler (2000) 22 Cal.4th 1084, 1095. “A court assessing attorney fees begins with a touchstoneor lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourlycompensation of each attorney ... involved in the presentation of the case.’” Ketchum v. Moses(2001) 24 Cal.4th 1122, 1131-1132. In determining the amount of attorney's fees to which alitigant is entitled, an experienced trial judge is the best judge of the value of professional servicesrendered in his or her court. Granberry v. Islay Investments (1995) 9 Cal. 4th 738, 752.Cadle’s Counsel has provided a declaration and detailed billing records claiming 195.5 hoursdefending this suit, including time spent by two experienced attorneys at a rate of $340 per hour,and a less experienced attorney at a rate of $325 per hour. Two billing entries for paralegals at arate of $100 and $125 per hour are also included. Defendant seeks a total of $65,583.50 in attorneyfees. The Court finds Counsel’s time spent and rates are reasonable, with the following exception.The Court notes that the attorney billing records provided as Exhibit 6 to the Declaration of JuneColeman include time spent on The Cadle Company’s discovery motions filed August 11, 2023,and heard on September 11, 2023. The Court’s Order on those Motions, entered on September 14,2023, included an award of sanctions for time spent bringing the Motions and associated costs, toDefendant The Cadle Company against Plaintiffs in the amount of $4,100. The Court declines toaward attorney fees for this same work a second time. The current request for attorney fees willtherefore be reduced by $4,100.00 - the amount previously awarded as sanctions on the discoverymotions. The memorandum of costs details reasonable costs incurred of $6,154.46. TheDeclaration of June Coleman submitted in support of the Statement of Non-Opposition includes arequest for additional costs of $525.75 for filing fees and CourtCall, which appear reasonable andwill be awarded.The Motion for Attorney Fees and Costs is GRANTED. The total amount awarded to The CadleCompany is $$68,163.71 in fees and costs. No proposed order has been lodged as required byLocal Rule 5.17(D). Moving party shall prepare the order.
Ruling
U.S. Bank Trust, N.A. vs. Sells
Jul 30, 2024 |22CV-0200669
U.S. BANK TRUST, N.A. VS. SELLSCase Number: 22CV-0200669This matter is on calendar for review regarding status of proposed judgment. As previouslyordered by this Court, an Amended Proposed Judgement and Declaration have been filed clarifyingthe correct address of the subject property. The proposed judgment will be executed by the Court.No appearance is necessary on today’s calendar.VALDEZ VS. FALL RIVER VALLEY FIRE PROTECTION
Ruling
Hull, et al. vs. The Cadle Company, et al.
Jul 30, 2024 |22CV-0200159
HULL, ET AL. VS. THE CADLE COMPANY, ET AL.Case Number: 22CV-0200159Tentative Ruling on Order to Show Cause Re Sanctions: An Order to Show Cause Re:Sanctions (“OSC”) issued on May 17, 2024, to Plaintiffs James Hull and Shirley Hull for failureto abide by California Rule of Court 3.110. Defendant Tri Counties Bank was amended into theComplaint on January 24, 2024. There has been no summons issued for Tri Counties Bank, andthey have not been served. The matter is not at issue. No response to the OSC has been filed.Plaintiff James Hull appeared at the most recent hearing on July 22, 2024, and informed the Courtthat he intended to dismiss this matter. The Court advised Mr. Hull that the Court would vacatethis OSC if the matter was properly dismissed prior to today’s hearing. No request for dismissalhas been filed. Plaintiff remains in violation of CRC 3.110. Sanctions will be imposed in theamount of $250. The clerk is instructed to prepare a separate Order of Sanctions.Tentative Ruling on Motion for Attorney Fees: This action alleging violations of the CaliforniaHomeowner Bill of Rights, wrongful foreclosure, and other causes of action was filed by PlaintiffJames and Shirley Hull on July 14, 2022. Plaintiffs purchased their home in 2006 with a loan fromTri-Counties Bank. BBR Investments LLC bought the loan and deed of trust in August 2016, andcurrently owns the mortgage note and deed of trust. The Cadle Company (“Cadle”) services theloan for BBR Investments LLC. The Cadle Company’s Motion for Summary Judgment wasgranted by this Court on April 15, 2024. Cadle moves now for attorney fees and costs. The motionfor fees and costs is unopposed.Merits: A prevailing party is entitled to costs. CCP § 1032. “Costs” may include attorney’s feesif they are provided by contract. CCP § 1033.5(a)(10). Civil Code § 1717 provides that on anyaction on a contract where the contract provides for attorney’s fees, the prevailing party on thecontract shall be entitled to attorney’s fees in addition to other costs. A prevailing party is definedas the party with a net recovery, a defendant in whose favor a dismissal is entered, a defendantwhen neither side obtained any relief and a defendant as against a plaintiff who do not recoveryany relief against defendant. CCP § 1032.Here, Cadle’s basis for recovery of attorney fees is contractual. The Deed of Trust betweenBorrower James and Shirley Hull, and Lender Tri Counties Bank, attached as Ex. A to the VerifiedAmended Compliant as Ex. 1, provides at p. 9 ¶ 14, for recovery of attorneys’ fees and costs relatedto the Borrower’s default for the purpose of protecting Lender’s interest in Property and Lender’srights under the Deed of Trust. A Loan Modification Agreement was entered into on December14, 2018, by The Cadle Company, servicing for BBR Investments, and James and Shirley Hull.The Agreement provides that it is a modification of the Loan Documents (the Note and Deed toTrust) to the extent it is inconsistent, and the remainder of the terms remain in full force and effect.(Decl. Coleman, Ex. 4, ¶ 15.) The attorney fees provision of the Deed of Trust therefore applieshere, entitling Cadle to attorney fees and costs. Cadle prevailed on a motion for summaryjudgment. Judgment was entered in favor of Cadle and Plaintiffs received no relief. The Courtfinds that Defendant is the prevailing party as defined by CCP § 1032.“[T]he fee setting inquiry in California ordinarily begins with the ‘lodestar,’ i.e., the number ofhours reasonably expended multiplied by the reasonable hourly rate.” PLCM Group, Inc. v.Drexler (2000) 22 Cal.4th 1084, 1095. “A court assessing attorney fees begins with a touchstoneor lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourlycompensation of each attorney ... involved in the presentation of the case.’” Ketchum v. Moses(2001) 24 Cal.4th 1122, 1131-1132. In determining the amount of attorney's fees to which alitigant is entitled, an experienced trial judge is the best judge of the value of professional servicesrendered in his or her court. Granberry v. Islay Investments (1995) 9 Cal. 4th 738, 752.Cadle’s Counsel has provided a declaration and detailed billing records claiming 195.5 hoursdefending this suit, including time spent by two experienced attorneys at a rate of $340 per hour,and a less experienced attorney at a rate of $325 per hour. Two billing entries for paralegals at arate of $100 and $125 per hour are also included. Defendant seeks a total of $65,583.50 in attorneyfees. The Court finds Counsel’s time spent and rates are reasonable, with the following exception.The Court notes that the attorney billing records provided as Exhibit 6 to the Declaration of JuneColeman include time spent on The Cadle Company’s discovery motions filed August 11, 2023,and heard on September 11, 2023. The Court’s Order on those Motions, entered on September 14,2023, included an award of sanctions for time spent bringing the Motions and associated costs, toDefendant The Cadle Company against Plaintiffs in the amount of $4,100. The Court declines toaward attorney fees for this same work a second time. The current request for attorney fees willtherefore be reduced by $4,100.00 - the amount previously awarded as sanctions on the discoverymotions. The memorandum of costs details reasonable costs incurred of $6,154.46. TheDeclaration of June Coleman submitted in support of the Statement of Non-Opposition includes arequest for additional costs of $525.75 for filing fees and CourtCall, which appear reasonable andwill be awarded.The Motion for Attorney Fees and Costs is GRANTED. The total amount awarded to The CadleCompany is $$68,163.71 in fees and costs. No proposed order has been lodged as required byLocal Rule 5.17(D). Moving party shall prepare the order.
Ruling
CREATIVE RECOVERY CONCEPTS, INC. VS 8424 WESTERN PLAZA, LLC., ET AL.
Aug 01, 2024 |20STCV34671
Case Number: 20STCV34671 Hearing Date: August 1, 2024 Dept: 50 Superior Court of California County of Los Angeles Department 50 CREATIVE RECOVERY CONCEPTS, Plaintiff, vs. 8242 WESTERN PLAZA, LLC, et al., Defendants. Case No.: 20STCV34671 [c/w 22STCV13629] Hearing Date: August 1, 2024 Hearing Time: 10:00 a.m. [TENTATIVE] ORDER RE: MOTION OF DEFENDANT M STEPHEN CHO FOR FEES PURSUANT TO CCP § 425.16 Background On September 10, 2020, Creative Recovery Concepts, Inc. filed the instant action against Defendants 8424 Western Plaza, LLC and Kathleen Janet Haywood aka Kathleen Robinson. The Complaint alleges causes of action for (1) breach of contract and (2) to set aside fraudulent transfer. On April 25, 2022, a Complaint was filed in the matter Janet Haywood, et al. v. Stephen Cho, et al., Case No. 22STCV13629 (herein, the Haywood Action). On February 9, 2023, Janet Haywood (Haywood) filed the operative First Amended Complaint (FAC) in the Haywood Action against Defendants Stephen Cho and Creative Recovery Concepts. The FAC alleges causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) conspiracy to defraud. On July 6, 2023, M. Stephen Cho (erroneously sued as Stephen Cho) (herein, Cho) filed a special motion to strike pursuant to Code of Civil Procedure section 425.16 in the Haywood Action. On October 31, 2023, the Court issued a minute order in the Haywood Action providing, inter alia, that the Court grants Chos special motion to strike as to the third cause of action of the FAC. Chos motion is otherwise denied. On October 9, 2023, the Court issued a Nunc Pro Tunc Order in the Haywood Action providing, inter alia, as follows: It appearing to the Court that through inadvertence and/or clerical error, the minute order of 10/09/2023 in the above-entitled action does not properly reflect the Courts order. At the direction of the Judicial Officer, said minute order is corrected nunc pro tunc as of 10/09/2023, as follows: By adding: The Court orders the following cases, 22STCV13629 and 20STCV34671, consolidated and assigned to Department 50 in Stanley Mosk Courthouse for all purposes. The Court designates 20stcv34671 as the lead case. All future documents must be filed under 20stcv34671 (CREATIVE RECOVERY CONCEPTS, INC. vs 8424 WESTERN PLAZA, LLC., et al.). Case numbers on all subsequent filings should be reflected under the lead case. (Emphasis added.) Cho now moves for attorneys fees and costs incurred by Cho in connection with his special motion to strike. Haywood opposes. Discussion The anti-SLAPP statute provides that a prevailing defendant on a special motion to strike shall be entitled to recover that defendants attorneys fees and costs. (Code Civ. Proc., § 425.16, subd. (c)(1).) [A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) An award of fees may also include the fees incurred in enforcing the right to mandatory fees under Code of Civil Procedure section 425.16. (Id. at p. 1141.) It is well established that the amount of an attorney fee award under the anti-SLAPP statute is computed by the trial court in accordance with the familiar lodestar method. (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 432 [internal quotations and brackets omitted].) Under the lodestar method, the court tabulates the attorney fee lodestar by multiplying the number of hours reasonably expended by the reasonable hourly rate prevailing in the community for similar work. (Ibid.) With regard to the number of hours reasonably expended, the verified time statements of the attorneys, as officers of the court, are entitled to credence in the absence of a clear indication the records are erroneous. (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396.) In determining the reasonable hourly rate, the burden is on the successful party to prove the appropriate market rate to be used in calculating the lodestar. (MBNA America Bank, N.A. v. Gorman (2006) 147 Cal.App.4th Supp. 1, 13.) The trial court may reduce the award where the fee request appears unreasonably inflated, such as where the attorneys efforts are unorganized or duplicative. (Serrano v. Unruh (1982) 32 Cal.3d 621, 635, fn. 21.) Here, Cho states that he is seeking an award of $19,160.00, derived as follows: $11,600.00 for the anti-SLAPP motion + $7,560.00 as fees costs [sic] for the instant motion& (Notice of Mot. at p. 2:3-4.) As an initial matter, Haywood asserts in the opposition that the motion should be denied because the partially successful anti-SLAPP motion has no practical effect on the remaining causes of action to be litigated. (Oppn at p. 3:16-17.) Haywood cites to City of Colton v. Singletary (2012) 206 Cal.App.4th 751, 782, where the Court of Appeal noted that [t]he anti-SLAPP statute reflects the Legislatures strong preference for awarding attorney fees to successful defendants. The term prevailing party must be interpreted broadly to favor an award of attorney fees to a partially successful defendant. However, a fee award is not required when the motion, though partially successful, was of no practical effect. [A] party who partially prevails on an anti-SLAPP motion must generally be considered a prevailing party unless the results of the motion were so insignificant that the party did not achieve any practical benefit from bringing the motion. The determination whether a party prevailed on an anti-SLAPP motion lies within the broad discretion of [the] trial court. (Internal quotations and references to [Citation.] omitted.) As set forth above, the Court granted Chos special motion to strike as to the third cause of action of the FAC for conspiracy to defraud. (See October 31, 2023 Minute Order.) In the opposition to the instant motion, Haywood cites to IIG Wireless, Inc. v. Yi (2018) 22 Cal.App.5th 630, 652, where the Court of Appeal noted that [c]onspiracy is not a separate tort, but a form of vicarious liability by which one defendant can be held liable for the acts of another. Haywood contends that a conspiracy cause of action is dependent on the success of the underlying cause of action. Here, no underlying claim was alleged -- fraud was not alleged; malicious prosecution was not alleged. In brief, striking the third cause of action has no value or practical effect on the remaining causes of action alleged and pending for breach of contract and breach of implied covenant of good faith and fair dealing causes of action. (Oppn at p. 4:8-12.) Haywood also contends that [i]t would have been different if striking the cause of action also removed a significant amount of damages prayed against Cho. However, this is not the case, as there really is no practical effect or benefit to Cho in striking the conspiracy cause of action. (Oppn at p. 4:4-6.) But as noted by Cho in the reply, the third cause of action accused Mr. Cho of engaging in a conspiracy to commit fraud, the act, thus potentially exposing him to punitive damages& (Reply at p. 4:10-11.) Indeed, Haywood seeks [p]unitive and exemplary damages in the prayer for relief of the FAC. (FAC, p. 8:10.) Cho also asserts that dismissal of the third cause of action impacted&whether the same factual allegations remain to be litigated - they are not; whether discovery and motion practice have been narrowed - it has been; and the extent to which future litigation expenses and strategy were impacted by the motion -most certainly reduced. (Reply at pp. 4:12-5:2.) The Court agrees with Cho that he achieved a practical benefit from bringing the anti-SLAPP motion. Chos counsel Dilip Vithlani states in his supporting declaration that [i]n connection with the anti-SLAPP motion, I have expended in excess of 16 hours in preparing the anti-SLAPP motion, appearing in person at the hearing on ex parte application to (1) Set aside this courts Tentative Order granting Defendants anti-SLAPP motion and (2) to continue the hearing on the anti-SLAPP motion to allow Plaintiff to file her Opposition to the anti-SLAPP motion, and the hearing on the anti-SLAPP motion. (Vithlani Decl., ¶ 8.) Mr. Vithlani further states that [i]n connection with the instant motion for fees, Mr. Cho will accept an award of 10 hours of fees. The hours include preparing and filing this motion, reviewing of the Opposition and preparing a Reply and appearing at the hearing on the instant motion&Costs incurred in connection with the anti-SLAPP are $60.00. (Vithlani Decl., ¶¶ 20-21.) Mr. Vithlanis requested hourly rate is $725.00 per hour. (Vithlani Decl., ¶ 9.) Mr. Vithlanis states that he has been practicing law since January 1999, and his background and experience are set forth in the supporting declaration. (Vithlani Decl., ¶¶ 10-12.) Mr. Vithlani asserts that [b]ased on the Laffey Matrix for 2022, the accepted billing rate for attorneys with my experience in the Los Angeles area is in excess of $900.00 per hour. My rate of $725.00 per hour is well below that range. (Vithlani Decl., ¶ 9.)[1] In the opposition, Haywood asserts that Cho has failed to submit declarations by other attorneys with respect to the rate prevailing in the community for similar work performed by attorneys of comparable skill, experience, and reputation& (Oppn at p. 5:20-22.) However, Haywood does not appear to cite to legal authority demonstrating that such declarations are required. Haywood also argues that [t]he Legal Trends Report published annually by Clio, a billing service used by thousands of legal professionals and attorneys found that $344 was the average hourly rate for civil litigation attorneys in California. (Oppn at p. 6:9-11.) However, this assertion is not supported by competent evidence. No declaration was filed in connection with the opposition. The Court finds that Cho has demonstrated that his counsels hourly billing rate is reasonable. In the opposition, Haywood also asserts that Cho has failed to submit any billing statements from Vilthani in order for the Court to determine if fees were reasonably generated. (Oppn at p. 5:22-24.) In the motion, Cho cites to Cruz v. Fusion Buffet, Inc. (2020) 57 Cal.App.5th 221, 237-238, where the Court of Appeal noted that [t]he declaration of an attorney as to the number of hours worked on a particular case may be sufficient evidence to support an award of attorney fees, even in the absence of detailed time records. Indeed, sufficient evidence to support an attorney fee award may include [d]eclarations of counsel setting forth the reasonable hourly rate, the number of hours worked and the tasks performed. There is no requirement that an attorney provide time records or billing statements. (Internal quotations and citations omitted.) As discussed, Chos counsel states that he expended in excess of 16 hours in preparing the anti-SLAPP motion, appearing in person at the hearing on ex parte application to (1) Set aside this courts Tentative Order granting Defendants anti-SLAPP motion and (2) to continue the hearing on the anti-SLAPP motion to allow Plaintiff to file her Opposition to the anti-SLAPP motion, and the hearing on the anti-SLAPP motion. (Vithlani Decl., ¶ 8.) Chos counsel further states that [i]n connection with the instant motion for fees, Mr. Cho will accept an award of 10 hours of fees. The hours include preparing and filing this motion, reviewing of the Opposition and preparing a Reply and appearing at the hearing on the instant motion. (Vithlani Decl., ¶ 20.) The Court finds that Mr. Vithlanis declaration is sufficient and that the requested time is reasonable. Lastly, Cho states in the notice of motion that he seeks $7,560.00 as fees costs for the instant motion. (Notice of Mot. at p. 2:4.) However, as noted by Haywood and as set forth above, Mr. Vithlani states that [i]n connection with the instant motion for fees, Mr. Cho will accept an award of 10 hours of fees. (Vithlani Decl., ¶ 20.) 10 hours multiplied by the requested hourly rate of $725/hour is $7,250.00. Adding the requested $60.00 in costs to this amount results in a total of $7,310.00, not $7,560.00. Thus, the Court deducts $250.00 from the total amount requested. Conclusion Based on the foregoing, Chos motion for attorneys fees and costs is granted in part. The Court awards Cho a total of $18,910.00 in attorneys fees and costs. Cho is to provide notice of this Order. DATED: August 1, 2024 ________________________________ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court [1]Cho notes that [t]he Laffey Matrix is a United States Department of Justice billing matrix that provides billing rates for attorneys at various experience levels in the Washington, D.C., area and can be adjusted to establish comparable billing rates in other areas using data from the United States Bureau of Labor Statistics. (Pasternack v. McCullough (2021) 65 Cal.App.5th 1050, 1057, fn. 5.)
Ruling
EDUARDO LUNA, ET AL. VS VILLA PATRICIAN HOME OWNER'S ASSOCIATION, INC., A SUSPENDED CA CORPORATION, ET AL.
Aug 02, 2024 |22STCV39547
Case Number: 22STCV39547 Hearing Date: August 2, 2024 Dept: 53 Superior Court of California County of Los Angeles Central District Department 53 eduardo luna , et al.; Plaintiffs, vs. villa patrician home owners association, inc. , et al.; Defendants. Case No.: 22STCV39547 Hearing Date: August 2, 2024 Time: 10:00 a.m. [tentative] Order RE: cross-defendants demurrer to first amended cross-complaint MOVING PARTY: Plaintiff and cross-defendant Eduardo Luna RESPONDING PARTIES: Defendants BJD Services, LLC, Dawn Kuykendall, Jerilyn Rivetti Kuykendall, Brian McWilliams, Rodney Owens, Villa Patrician Home Owners Association Inc., and Villa Patrician Home Owners Association Inc. Demurrer to First Amended Cross-Complaint Cross-complainants Villa Patrician Homeowners Association, Inc., Dawn Kuykendall, and Rodney Owens (Cross-Complainants) filed a Cross-Complaint in this action on March 17, 2023, against plaintiff and cross-defendant Eduardo Luna (Luna). On November 21, 2023, the court issued an order sustaining Lunas demurrer to Villa Patrician Homeowners Association, Inc.s first cause of action for breach of contract and Dawn Kuykendalls second cause of action for breach of contract in Cross-Complainants Cross-Complaint. (Nov. 21, 2023 Order, p. 4:1-4.) The court granted Cross-Complainants 20 days leave to file a First Amended Cross-Complaint to cure the defects in those causes of action. (Nov. 21, 2023 Order, p. 4:5-7.) Cross-Complainants did not file their First Amended Cross-Complaint with the court within 20 days after the court issued its November 20, 2023 order. However, on March 11, 2024, Luna filed the pending demurrer to the First Amended Cross-Complaint. (Dem., p. 2:3-5.) Thus, although Cross-Complainants did not file the First Amended Cross-Complaint within 20 days after the issuance of the November 20, 2023 order, it appears that Cross-Complainants served the First Amended Cross-Complaint on Luna within that time. Moreover, on May 21, 2024, the court issued an order noting that, although the court granted Cross-Complainants 20 days leave to file a First Amended Complaint and it appeared that they served their First Amended Cross-Complaint on Luna, Cross-Complainants inadvertently failed to file that pleading with the court. (May 21, 2024 Order, p. 3:10-22.) The court ordered Cross-Complainants to file with the court the First Amended Cross-Complaint served on plaintiff and cross-defendant Eduardo Luna within 10 days of the date of this order. (May 21, 2024 Order, p. 4:8-10.) However, Cross-Complainants have not filed their First Amended Cross-Complaint with the court. The court therefore finds that it is appropriate, and exercises its discretion, to continue the hearing on Lunas demurrer to give Cross-Complainants an additional opportunity to file their First Amended Cross-Complaint with the court. ORDER The court orders that the hearing on plaintiff and cross-defendant Eduardo Lunas demurrer to First Amended Cross-Complaint is continued to August 23, 2024, at 10:00 a.m., in Department 53. The court orders cross-complainants Villa Patrician Homeowners Association, Inc., Dawn Kuykendall, and Rodney Owens to file with the court, no later than August 9, 2024, the First Amended Cross-Complaint served on plaintiff and cross-defendant Eduardo Luna. The court orders cross-complainants Villa Patrician Homeowners Association, Inc., Dawn Kuykendall, and Rodney Owens to give notice of this ruling. IT IS SO ORDERED. DATED: August 2, 2024 _____________________________ Robert B. Broadbelt III Judge of the Superior Court
Ruling
ANTHONY GREENBERG VS DIANE HAYEK
Jul 29, 2024 |6/18/2022 |19SMCV01899
Case Number: 19SMCV01899 Hearing Date: July 29, 2024 Dept: I The matter is here for an FSC. The FSC order was issued no later than 11/30/23, but perhaps earlier. In any event, there are no FSC papers of which the court is aware other than four MILs by defendant to which there is no opposition and a unilateral exhibit list. The matter does not appear ready for trial. On 7/26/24, Greenberg filed an application to continue the trial. Greenberg notes that all of the matters between the parties have been settled except for 2101 Oceans cross-complaint alleging improper behavior after Greenberg lost the UD trial and before he moved out and also damage to the property. Greenberg then filed a cross complaint stating that he paid $75,000 in rent for which 2101 has not accounted and also that he should get the benefits of improvements he made to the property. He argues that there has not been adequate time to conduct discovery on these matters but that if the trial were continued, the case would settle. The court has its doubts as to settlement. If the parties want to settle, they ought to do so. If not, then not. The court would deny the application if that is all there were to it. But Greenbergs counsel also claims that he has suffered certain medical issues that preclude him from trying the case on August 5. The court watched Greenbergs counsel during the UD case, and the court believes that during the trial he conducted himself ethically and honestly. The court is inclined to believe his declaration now. Although the court is reluctant to do so, the court believes that this is a circumstance that does justify a continuance. Therefore, the motion is GRANTED. The trial date is VACATED, and a TSC will be held on August 5, 2024, at 8:30 am. Counsel may appear by phone.
Ruling
WHITRED HOLDINGS,LLC, et al. vs. THE MCCONNELL FOUNDATION
Aug 04, 2024 |CVCV21-0197415
WHITRED HOLDINGS, LLC ET AL. VS. THE MCCONNELL FOUNDATIONCase Number: CVCV21-0197415This matter was placed on calendar due to a letter received from Plaintiffs’ counsel on July 30, 2024, in whichcounsel raised concerns regarding the trial schedule. The Court intends to discuss these concerns with the partiesto come to a mutually agreeable resolution of the schedule. An appearance is necessary on today’s calendar.
Ruling
ANDREW KING VS. VAL-CHRIS INVESTMENTS, INC. ET AL
Aug 02, 2024 |CGC23608591
Real Property/Housing Court Law and Motion Calendar for August 2, 2024 line 6. Hearing Regarding Posting the Ordered Undertaking. In light of the July 11, 2024 Court of Appeal order, the return date for posting the previously ordered undertaking shall be September 3, 2024. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear.
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