Preview
INDEX NO 2014-50557NYSCEF DOC. NO. 1 RECEIVED NYSCEF 07/31/2014 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF DUTCHESS PNC BANK, NATIONAL ASSOCIATION, Plaintiff, SUMMONS -vs- Index No. KEVIN GLEESON; EILEEN GLEESON;"JOHN DOE #1- 5" and "JANE DOE #1-5" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. Mortgaged Premises: 28 ZERNER BOULEVARD HOPEWELL JUNCTION, NY 12533 TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff's attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service. Your failure to appear or to answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing an answer with the court, a default judgment may be entered and yew can lose your home, Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action.Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about theforeclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to thesummons and complaint in this foreclosure action, you may lose your home.Please read the summons and complaint carefully. You should immediatelycontact an attorney or your local legal aid office to obtain advice on how toprotect yourself. Sources of Information and Assistance The State encourages you to become informed about your options inforeclosure. In addition to seeking assistance from an attorney or legal aidoffice, there are government agencies and non-profit organizations that youmay contact for information about possible options, including trying to workwith your lender during this process. To locate an entity near you, you may call the toll free helplinemaintained by the New York State Department of Financial Services at 1-800-269-0990 or visit the Department’s website at www.dfs.nv.gov. Foreclosure Rescue Scams Be careful of people who approach you with offers to “save” your home. These are individuals who watch for notices of foreclosure actions in order tounfairly profit from a homeowner's distress. You should be extremely carefulabout any such promises and any suggestions that you pay them a fee or signover your deed. State law requires anyone offering such services for profit toenter inta a contract which fully describes the services they will perform andfees they will charge, and which prohibits them from taking any money fromyou until they have completed all such promised services.§ 1303 Notice 918YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THEATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THEANSWER WITH THE COURT. DUTCHESS County is designated as the place of trial. The basis of venue is the locationof the mortgaged premises.Dated: July 18, 2014 PRO Michael Gindi, Esq. FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff 1400 OLD COUNTRY ROAD STE 103 WESTBURY, NY 11590 Telephone No. 516/394-6921 PNNYO12NATURE AND OBJECT OF ACTION The object of the above action is to foreclose a Purchase Money Mortgage held by thePlaintiff and recorded in the County of DUTCHESS, State of New York as more particularlydescribed in the Complaint herein. TO THE DEFENDANT(S), except KEVIN GLEESON and EILEEN GLEESON theplaintiff makes no personal claim against you in this action. TO THE DEFENDANT(S), except KEVIN GLEESON and EILEEN GLEESON: IF, AND ONLY IF, you have received or will receive a Bankruptcy Discharge Orderwhich includes this debt, the plaintiff is solely attempting to enforce its mortgage lien rights inthe subject real property and makes no personal claim against you. In that event, nothingcontained in these or any papers served or filed or to be served or filed in this action will be anattempt to collect from you or to find you personally liable for the discharged debt. NOTICE OF RIGHTSYOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT ADEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.UNLESS YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOFWITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL ASSUMETHE DEBT TO BE VALID.SHOULD YOU DISPUTE THIS DEBT AND NOTIFY US IN WRITING OF THE DISPUTEWITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH VERIFICATION OF THEOBLIGATION.UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY (30) DAY PERIOD, WE WILLPROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IFDIFFERENT THAN THE CURRENT CREDITOR.SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF DUTCHESS PNC BANK, NATIONAL ASSOCIATION, Plaintiff, COMPLAINT -vs- Index No. KEVIN GLEESON; EILEEN GLEESON; "JOHN DOE #1- 5" and "JANE DOE #1-5" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants, tenants, persons or corporations, if any, having or claiming an interest in or lien upon the premises being foreclosed herein, Defendants. The plaintiff herein, by FEIN, SUCH & CRANE, LLP, its attorneys, complains of thedefendants above named, and for its cause of action, alleges: First: The plaintiff is a national association duly licensed, organized and existingpursuant to the laws of the United States of America. Second: Upon information and belief, at all times hereinafter mentioned, thedefendant(s) reside or conduct business at the address set forth in "Schedule A" annexed hereto(any that are corporations being organized and existing under the laws of the State set forththerein), and are made defendants in this action in the capacities and for the reasons allegedtherein. Third: That the United States of America, the People of the State of New York, the StateTax Commission of the State of New York, the Industrial Commissioner of the State of NewYork, and all other agencies or instrumentalities of the Federal, State or local government,however designated, if named as defendants, are made parties solely by reason of the facts setforth in the annexed "Schedule B."Fourth: That heretofore, to secure a sum of money to the stated Lender, its successorand assigns, the defendants duly executed, acknowledged and delivered to the stated Lender, acertain bond(s) or note(s) whereby they bound their successors or heirs, executors, administratorsand assigns, jointly and severally, in the amount of said sum, as more fully described in theannexed "Schedule C," said schedule being a copy of the bond(s) or note(s), or accurate referenceto the assumption agreement(s) evidencing indebtedness to plaintiff, together with the terms ofrepayment of said sum and rights of the plaintiff. Fifth: Plaintiff is the holder of the Note referenced in paragraph FOURTH and entitledto enforce the Note. The Note was indorsed and negotiated to Plaintiff. A copy of the Note withthe indorsem*nt(s) and/or allonge(s) is annexed hereto as Schedule "C". Sixth: That as security for the payment of said indebtedness, a Purchase MoneyMortgage(s) was executed as annexed hereto in "Schedule D,” acknowledged and delivered tothe stated Lender/Mortgagee, its successors and assigns, wherein the named mortgagor ormortgagors bargained, granted and sold to the mortgagee named therein, its successors andassigns, the premises more particularly described therein (hereinafter, the "Mortgaged Premises")under certain conditions with rights, duties and privileges between the parties as describedtherein. Seventh: Plaintiff is current holder of the Mortgage securing the Note, the originals ofwhich are in Plaintiff's possession and control, and Plaintiff is otherwise entitled to enforce thesubject Mortgage and Note pursuant to law. Kighth: | hat said mortgage(s) was duly recorded and the mortgage tax(es) due thereonwas duly paid in the County Clerk's Office at the place and time that appears therein. Ninth: That Plaintiff has complied with all applicable provisions of the RPAPL Section1304 and Banking Law, and specifically with Banking Law § 595-a and 6-1 and 6-m ifapplicable, in securing the aforementioned indebtedness and at all times thereafter. In accordancewith RPAPL Section 1304, a 90 day notice was sent to the borrower at least 90 days ago butwithin the last 12 months. The 90 day notice was sent at least 90 days before the commencementof this foreclosure action. Further, the notice under RPAPL Section 1304 was in 14-point type,contained the statutorily dictated language and the addresses and phone numbers of at least fiveUS Department of Housing and Urban Development approved housing counseling agencies inthe region where the borrower resides and was mailed by registered or certified mail and firstclass mail to the last known address of the borrower. Plaintiff has fully and completely compliedwith the RPAPL Section 1304. Further, Plaintiff has complied fully with RPAPL Section 1306filing requirements in that the filing with the superintendent was completed within three (3)business days of the mailing. Tenth: That the defendant(s), KEVIN GLEESON and EILEEN GLEESON, has(have)failed to comply with the conditions of the mortgage(s) or bond(s) by failing to pay portions ofprincipal, interest or taxes, assessments, water rates, insurance premiums, escrow and/or othercharges, all as more fully described in "Schedule E". Eleventh: That plaintiff elects herein to call due the entire amount secured by themortgage(s) as more than thirty (30) days have elapsed since the date of default. Twelfth: That "Schedule E" sets forth the principal balance due, the default date and rateat which interest accrues and is owing since defendant(s) default. Ahirteenth: {hat in order to protect its security, the plaintitt has paid, 1f set rorth in"Schedule E", or may be compelled to pay during the pendency of this action, local taxes, assess-ments, water rates, insurance premiums and other charges assessed to the Mortgaged Premises,and hereby requests that any sums paid by it for said purposes, with interest thereon, be added tothe sum otherwise due, be deemed secured by the mortgage(s) and be adjudged a valid lien on theMortgaged Premises. Fourteenth: That the defendants herein have or claim to have some interest in, or lienupon, the Mortgaged Premises or some part thereof, which interest or lien, if any, accruedsubsequent to the lien of the plaintiff's mortgage(s). Fifteenth: That the plaintiff is now the true and lawful holder of the said bond(s)/note(s)and is mortgagee of record or has been delegated the authority to institute a mortgage foreclosureaction by the owner and holder of the subject mortgage and note; and there have been no priorproceedings, at law or otherwise, to collect or enforce the bond(s)/note(s) or mortgage(s) and nosuch proceedings are currently pending. Sixteenth: That Schedules "A","B", ""C","D", and "E", be incorporated and made part ofthe Complaint with the same force and effect as if they were completely and fully set forthwherever reference is made to them herein. Seventeenth: The plaintiff shall not be deemed to have waived, altered, released orchanged its election herein by reason of any payment after the commencement of this action ofany or all of the defaults mentioned herein and such election shall continue to be effective. WHEREFORE, plaintiff demands judgment adjudging and decreeing the amounts due itfor principal, interest, costs and reasonable attorneys’, fees if provided for in the bond(s), note(s)or mortgage(s), and that the defendants, and any persons claiming by, through or under themsubsequent to the commencement of this action, and every other person or corporation whoseright, title, conveyance or encumbrance of the Mortgaged Premises is subsequent or recordedsubsequent to the plaintiff's interest, be forever barred and foreclosed of all right, claim, lien,interest or equity of redemption in and to the Mortgaged Premises; that the Mortgaged Premises,or part thereof, be decreed to be sold according to law as may be necessary to raise the amountsdue for principal, interest, costs, allowances and disbursem*nts, together with any moniesadvanced and paid by the plaintiff; that the plaintiff be paid the amounts due on said bond(s),note(s) and mortgage(s), and any sums paid by the plaintiff to protect the lien of its mortgage(s)out of the proceeds from the sale thereof, with interest thereon from the respective dates ofpayment thereof, costs and expenses of this action and reasonable attorneys’ fees, if provided forin the bond(s), note(s) or mortgage(s), provided the amount of the sale proceeds permits saidpayment; that any of the parties hereto may purchase the Mortgaged Premises at sale; that thisCourt, if requested, forthwith appoint a Receiver of the rents and profits of the MortgagedPremises with the usual powers and duties associated therewith; that KEVIN GLEESON andEILEEN GLEESON be adjudged to pay any remaining deficiency unless the Defendant obtaineda bankruptcy discharge; and such other or further relief as may be just and equitable. Theplaintiff hereby reserves its right to share in surplus monies from the sale by virtue of its positionas a judgment or other lien creditor, excluding the mortgage(s) foreclosed herein.Dated: July 18, 2014 . Ze a CLE Ze Michael Gindi, Esq. FEIN, SUCH & CRANE, LLP Attorneys for Plaintiff 1400 OLD COUNTRY ROAD STE 103 WESTBURY, NY 11590 Telephone: 516/394-6921 PNNYO12SCHEDULE "A" - DEFENDANTS DEFENDANTS CAPACITYKEVIN GLEESON and Defendant(s), who executed a certain Purchase Money Mortgage to LANCASTEREILEEN GLEESON MORTGAGE BANKERS LLC to secure the sum of $299,250.00, which was28 ZERNER BOULEVARD recorded in the DUTCHESS County Clerk's Office on August 15, 2003, inHOPEWELL JUNCTION, NY 12533 Document Number 01 2003 183267. Said Mortgage was assigned by LANCASTER MORTGAGE BANKERS LLC to NATIONAL CITY MORTGAGE CO. by Assignment dated August 13, 2003 and recorded on November 9, 2004 in the Office of the County Clerk in Document Number 01 2004 3792A. NATIONAL CITY MORTGAGE CO. merged out of existence into the entity NATIONAL CITY BANK by virtue of Certificate of Merger. NATIONAL CITY BANK merged with PNC BANK, NATIONAL ASSOCIATION by virtue of Certificate of Merger.JOHN DOE # 1-5 Said names being fictitious, it being the intention of Plaintiff to designate any andand JANE DOE # I-5 all occupants, tenants, persons or corporations, if any, having or claiming an28 ZERNER BOULEVARD interest in or lien upon the premises being foreclosed herein.HOPEWELL JUNCTION, NY 12533IOLA ADATE: DOCUMENT ID DESCRIPTION FILING EXPED PENALTY CERT ‘COPY10/01/2008 200827502122 MERGED OUT OF EXISTENCE (MEX) 125.00 300.00 00 105.00 00 Receipt This is not a bill. Please do not remit payment. CORPORATION SERVICE COMPANY ATTN: LISA VAIDO 887 SOUTH HIGH STREET COLUMBUS, OH 43206 — STATE OF OHIO CERTIFICATE Ohio Secretary of State, Jennifer Brunner 1500343 It is hereby certified that the Secretary of State of Ohio has custody of the business records for NATIONAL CITY MORTGAGE CO. and, that said business records show the filing and recording of: Document(s): Document No(s): MERGED OUT OF EXISTENCE 200827502122 Witness my hand and the seal of the Secretary of State at Columbus, Ohio — DK ef this Ist day of October, A.D. 2008. Qe Ge — wy United States of America State of Ohio Office of the Secretary of State Ohio Secretary of State ___: se = VT? “ial Form to one oie Polonia Prescribed by: |@ Expeare O. Box 1390 h mt u OH 43276] ho dhio Secretary t Star ma atten of § op a Ceatral Chin: (G14) 466-3910 Eanewte S. Box 1323 F LB os SO: PILE (1877-76 vats Pods $3) mehr us CH 42) 6 $98, stale ch us ail bussery @so2so us CERTIFICATE OF MERGER Filing Fee $125.00 CS4-M ERD cocedance with the reau ts of Ohio law. @ undersigned comorst ng, RANKS, Savings banks, savings and -oanomted dability co pares, | ~ a partnershipsay of partnerships with firite ability, des-ring to effect a merger,set forth the following facts: | SURVIVING ENTITY A. The name of the entity surviving the merger is: Nasional City Bank B. Name Change: As a result of this merger. the name of the surviving entity has been changed to the following: gay tname Ting erty is cannging whrewgh the Margen ac. The surviving entity Ss a (Please check the appropriate box and fill in the appropriate blanks} a Domestic Chic} For-Profit Comeration. charter number a Domestic (Ohio) Nonprofit Corperation. charter sumber Qo Fereign (Non-Ohio} For-Pret Corort por ton incornorated under the laws of the state/country of and ‘icensed to transact bu: $iNess in the state of Ohio under icense numoer Foreign (Non-Ohio} For-Profit Corporation incorporated under the laws of the state/country of t :r ted States ang NOT licensed to transact ousiness in the state of Ohio Foreign (Nan-Ghio} Nonprafit Comoration under the laws of the state/country of and licansed to transact buiness in the state of Oftio under license its er Foreign iNon-Ohig) Nonprofit Comoration under the laws of the state/country of and NOT licensed to transact business in the state of Chio Q Domestic (Ohie} Fer-Profit Limited Liabiity Company, with registration number Domest ie. oOO} hia} Nonprofit Limited Lia y Company, with regis ion number Foreign {Non-Ohio) For-Profit Limited Liabiity Company organized under the laws of the state‘country of et nd F stored to do business in the state of Ohio under registration urrber Foreign (Non-Ohia) For-Profit Limited Liability Company organized under the laws of the state/country of and NOT= egisten egis’ ad to do business in the state of Ohio Foreign (Non-Onio} Nonprofit Limted Liability Company organized under the laws of the state/country of ee nd registered to do business in the state of Chio under registration number gi 1 ru0r wr r 0) Nonprotrt Leriied Liabity Gompany erganzea uncer ine laws of the country of — and NOT registered to do business in the State of Chio Qo estic 3) } Limited Partnership, with registration numberTN hig) Landes Partnerstin o: Zed under the laws the state/country of ee and istered to dodo oubu siness in the st aot! eof eo Ch ie under registration number a jad Foreign (Non-Ohio) Limded Partrership organized under 1 of the state/countr and NOT registered {0 da business in tne te of Ohio. Domestic (Ohio) Partnership Having Limited Liability. v she regu sumber Foreign (Non-Ohio} Parinershio Having Limited Liability organ’ ed und the taws of the st aS uantry of and registered to do Susiness in the state of Ohio under regs ion number, Qa Foreign (Non-Ohie} Partrersts Having Limited Liability organized ueder the laws of the statercountry andced NOT registered to do Ousiness in the state of Ohio erat Parinershio NOT registered with the state of Ohio MERGING ENTITY 7 e name, charterlicens req tration number, type of entty, state or country of incorporation or ora era arization, espectively, of which is 2 entities verging out of axstence are as follows” (if this is insufficient space to reflect sil merging entities, please attach a separate sheet fisting tha merging entities}. Name/Charter, License or Registration Number State/Country of Organization Type of Betty National City Morte: e Co, (13003435 Ohio Corporation MERGER AGREEMENT ON FILE The name and mailing address of the perscn or entity from whomvwhich eligible persons may obtain acer a cot py of the greement of merger upon written request Catherme B. Wexier i 900 E, st Ninth S et. Loc. 2174 name Veet Aggies s > ¢ yao 2 Box reas ‘ eveland Ma ld 5 tate te eaeMe EFFECTIVE DATE OF MERGER Tris merger is $0 be effective on ictober 1, 2008 f adate is specited. the date must be 3 date on or St the date of A ; the effective date of the merger cannot te earlier than the dat Sling. if na oi is specified, thee da jate of fling wail be the effectn ¢ date cf the merger) MERGER AUTHORIZED Each constituent entity has complied with ail of the law: 8 un 1 fer which it exists ang the lews permit the mercer rhe und eement of merger is authorized on behalfof constituent astity and that each person who signed the cartficate on penaif of each ntity i$ authorized to do so,STATUTORY AGENT * the survenng entity § 3 foreign entry NOT Leersed to transact business in thrs sti he name an address ot statutory nt pon whom any process, ncbice or demand may served 15. Corporation Service Compa a0 v veVest Broad 5 eer, Suite 1800 ~ a ne aaess ¢ stumb ° 3218 Cay Fp code (71 if the agent is an individual and using a P.O. Box, check this box to certify the agent is a resident of the state of Ohio. STATEMENT OF MERGER eon 2 oF upon suchf er date as $x b pacified ecified herein, the merging entity/entties listed herein shail merge into the surviving enutyHi AMENDMENTS nthe case of a.m rg 0 a domestic comoration, limitad liability comnany, or lv mt red parinerstio, any amenaments to the ani fe of incorporation, arbeles of or 3%9 arizatien, of certificateof timited cartnershin of the surviviingng dia omastic ty si be fited with the certificate of rm GaAmenamer ve re attached (No Amendments REQUIREMENTS OF CORPORATIONS MERGING OUT OF EXISTENCE + a domestic or foreign carnecorns oration licensed ta transact Ousiness in this state is a constitutent ent and tha surviving of Pew entity resulting from tha merger is not a domestic or foreign corporation that vs to be licensed ‘2 transact ousiness in this state, the certficate of rerger or consolidation shati be accompanied dy the idavits, recespts, certificates, or other evidence required by division (G} of sect fn 702.47 of the Revised Code, with respect io each domestic corporation, and by the affidavits, recemts, certfics 08, of her evidence gauired by division (C) or (5) of section 1703.17 cf the Revised Coda. with respect to ach foreign cons: ent corporation licensed tote trtf ‘ansact business in this state. QUALIFICATION OR LICENSURE OF FOREIGN SURVIVING ENTITY A,4 The listed surviving foreign entity desires to transact Gusiness in Ohio a8 a foreign corporation, pank, savings bank. savings and loan, imtea Yabiity company, limited partnership, or partnership having mited liability, and hereby eopomts the following 3s its statutery agent upon whom process, notice or demand against the entity may be served in the state of Oh: The rame and complete address of the statutory 4: ent s Sone vading Agaress Ohio ty sa ] If the agent is an individual and using a P.O. Box, check this box to certify the agent is 2 resident of the state of Ohio. subject surviving foreign corporation, bank, savings bank, savings end ‘oan, limited flatsiity comeany (ted cartnership, or pas pay stnership having limited liability irrevocably consents to service of process on the utory agent listed above as long as te authe auth ‘ort of the agent continues, and to service of cracess vos a thy e cre ‘ary of State of Ohio if the agent cannet be found. if the corporation, bank, savings bank. savirgs and joan. ited i ability Cor any, lienited parinershie, or partnership having drnited fiabilty fails to designate arcth ent when required tog tod 0 86. or i the foregn comporation’s, bank's, savings Gank’s, savings and Io: : imited ability company's, ‘imited partnership's or carnershio having limited labilty's license or ragistratio nis19 doda -3 The qualifying entity also states as follows: ‘ce eadress is: treet Hdnvess 1 PO. Bex Anaress ‘uit ste Dee The mes a d ousiness or r lence addresses of the eral partners of the partrershio are a8 0 EueetAdaress/ 8 0 Bow AcaresaF insufficient space+ cover this item, p ase attach a separate sheet listing the general partners and their respective addresses) f) The address of the office where a list of the names and business or residence addresses of the ‘ed partners and their resoective c: a) contributions is to be maintained is: caress address Deunty Sate Sp Cooe atte nership hereby cervfes that it shail maintam saxd records unt the registration of the The tinted pare mied partnership om Ohio is canceled or withdrawn,4 Foreign Qualifying Partnership Having Limited Liability Under Section 1775.64 fthe a 2 entty iS a ‘6regn cartnership having limited flabilty he ‘oliewing anformat nr toe 60. ial ane of the partnership shail de The gartnershie was formed ur he laws of the si country of ase COM) 1@ the fo wie pores oar ection f stern cc!) or ci2)} @ ei 233 of the partnership's princmal office in Ohio is: Semet Agaress /P 188s Ohio Ohie s 9 df the partnership does not have a principal office in Ohio, then item c{2) must be completed) 2 @ address of the partnership's concipal office (Nom-Ohig) et Acsrasn | PS Box Adress Sate ia) The business which the partrershin engages in is: (Proceed to page 7 for signatures of authorized officers, partners and representatives.)The undersigned constituent entities have caused this certificate of merger to be signed by its duly thorized officers, partners and representatives on the date(s} stated below nk aid NE Co. 1a ame of aftty 2 By: eaBy: teIts: Pre sideat its: President freDate: Date: a ana of erty Sy:its: ist Date: Date: mac Ramme of entity ve me otBy: its: tts: Date: et Date: Narne of anny nactNama ot &By: ay: its: tte: Cate: Date: vast Name of ently ‘Eyact Nema of ennty By By: ts: Hes Date: Date: An authorized repre: ative of &2 nstiuent corporation, parin: sh must sig he merger ce 2 O AS. 1706. 38tA). S76 778 TIA),instructions for Certificate of Merger+ form should be used if you wish to fle a certificate of merger following an adoption byconstituent entities of an agreement of merger.Surviving Entity informationThe name of the entity surviving the merger must be provided. Also, provide the survivingentities new name if you choose to change the name as a result of the merger. Check theappropriate box and complete the blanks ta state the type af entity that survived. This mayrequire a charter /registration/license number and a state of organization if the surviving entityis a foreign entity.Merging Entity InformationThe name, charter/registration/license number, state of organization and type of entity mustbe provided for each merging entity. If the space provided on the form is insufficient pleasesubmit an additional sheet listing the merging entities. Additional provisions should besubmitted on a single-sided, 8% x 11 sheet(s) of paper.Address to Contact for Merger AgreementPursuant to Ohio Revised Code §1701,31, 1702.43, 1705.38, 1775.47, and 1782.433 (asapplicable}, a mailing address is required for the person or entity that is ta provide, in responseto any written request made by a shareholder, partner, or other equity holder of a constituententity, copy of the agreement of merger.Effective DateThe effective date of the merger should be provided, the date by may be on or after the date ofthe filing of the certificate. If a date is not provided or the date provided is prior to the date offiling, our office will automatically record the date of filing as the effective date.Merger AuthorizedPursuant to Ohio Revised Code Sections §1701.81, 1702.43, 1705.38, 1775.47, and 1782.433 (asapplicable}, by signing the certificate of merger, the authorized representatives are agreeing tothe statement that each constituent entity has compiied with ail of the laws under which itexists and that the !aws permit the merger. Also, a statement that the merger is authorized onbehalf of each constituent entity and that each person who signed the certificate on behaif ofeach entity is authorized to do so.Statutory Agent if Surviving Entity is a Foreign Entity Not Licensed in Ohioif the surviving entity is a foreign entity NOT licensed to transact business in this state, pleaseprovide the name and address of the statutory agent upon whom any process, notice, orMUNMOIM GBaHias Giy CUNQLAUCIC RELLY Hey UE SeLVEU. He LE LUAUIY age ust Ue Uile Ul Liefollowing: (1) an Ohio resident; (2) an Ohio corporation; or (3) a foreign corporation that islicensed to do business in Ohio. An individual may be an agent and use a P.O. Box as theaddress, but in order to meet the required standard, the box below the address must be351 Instructions Page | i Last Revised; 6/20/2008checked to state the individual is a resident of the state of Chio if the agent is a foreigncorporation, there may be additional requirements for that foreign corporation. Please seeOhio Revised Code §1701.07, 1702.06, 1705.06, or 1782.04 for more information.Statement of MergerPursuant to Ohio Revised Code Sections $1701.81, 1702.43, 1705.38, 1775.47, and 1782.433 {as3 pplicable), by signing the certificate of merger, the authorized representatives are agreeing tostatement that one or more specified constituent entities will be merged into a specified urviving entity.AmendmentsIn the case of a merger into a domestic corporation, limited liability company, or limitedpartnership, any amendments to the articles of incorporation, articles of organization orcertificate of limited partnership of the surviving entity shall be filed with the certificate ofmerger or consolidation. Please check gither box to inform aur office if you attachedamendments or not. if you do not check either box, cur office will assume you have notprovided amendments.Requirements of Corporations Merging Out of Existence he Ohio Revised Code § 1701.86 {H) requires domestic corporations to provide our office withaffidavits, receipts, certificates, or other evidence when the corporation files a dissolution. TheOhio Revised Code $1703.17(C) and (0) require a foreign corporation to file similar documentsvhen surrendering their license to transact business in this state.f ane of the constituent entities is a corporation and the surviving entity is not a domestic orforeign corporation that will be licensed to transact business in this state, then the constituententity will be dissolved or the licensed will be surrendered therefore the same documents mustbe attached to comply with the above referenced requirements of the Ohio Revised Code.Qualification or Licensure of Foreign Surviving Entityif the surviving or new entity is a foreign entity that desires to transact business in the state as aforeign corporation, limited liability company, or limited partnership, the certificate af merger hail be accompanied by the information required under the relevant secticns of the ChiaoRavised Code.All entities must provide the name and address of the statutory agent upon whom any process,notice, or demand against any constituent entity may be served. The statutory agent must beone of the following: (1) an Ohio resident; (2) an Ohio corporation; or (3) a foreign corporationthat is licensed to do business in Ohio. An individual may be an agent and use a P.O, Box as theaddress, but in order to meet the required standard, the box must be checked to state the HUGE OG ES HUCHE GE LUG SOE UI Gai. Hl ble aun ib a Hui Eig CLULpOr dion, Uiele May veadditional requirements for that foreign corporation. Please see Ohio Revised Code §1701.07,1702.06, 1705.06, or 1782.04 for more information.$51 instructions Page | 2 Las Last t Revised: 6/20/2008The foreign surviving entity should find the appropriate saction to complete on pages fourthrough six of the certificate of merger which corresponds to their entity type. Only anesection must be completed, but ail information within that section is required in order for theforeign surviving entity to be licensed in Ohio. The relevant revised code sections are listed forreference.Signature(s)After completing ail information on the filing form, please make sure that page 7 iss ned byeach representative authorized to sign the certificate on behalf of each constituent entity.Pursuant to Ohio Revised Code Sections $1701.81, 1702.43, 1705.38, 1775.47, and 1782.433 {asapplicable), you must provide the office held or the capacity in which the representative isacting by signing the certificate merger.**Note for MergersFiling the certificate of merger may not be sufficient to comply with all applicable laws. If anycanstituent entity in a merger is organized or formed under the laws of another state, therealso shail be filed in the proper office all documents that are required to be filed in connectionwith the merger by laws of that state.551 instructions Page | 3 Last Revised: 6/20/2008‘Complete the information in this section if box (7), (2) ar {3} is checked, APFIDAVITin flew of dissolution releases from various governmental authonities (1701. 65{H\G) ORC) tienal is > More 2 > act Name of Corporation) ndersigned, being first duly swom, deciares that on the dates indicatec below, each of the named 2 etn al agencies was advised IN WRITING of the scheduled date of fling of the Certificate cf Dissolution andjwas advised IN WRITING of the acknowledgement by th oration of the apolicability of the provisions 1701.95 af the ORC. AGENCY DATE NOTIFIED Ohio Department cf Taxation 2008 Dissolution Section Box 182382 Columbus, Galo 43218-2382 Ohio Job & Family Services Status and Liability Section Data Correspondence Control Overnight 4020 East Sth Avenue Colurnous, OH 43219-1811 Regular: P.O. Box 122413 Catumbus, CH 43218-2443 Fax: 614-762-4611 Phone: 614-466-2319 The treasurer of any County named below: Ohio Bureau of Workers' Compensation 20 W. Sortng Street Columbus, Ohio 432151) Note: This affidavit must be signed by one or more persons executing the certificate of dissolution of by an officer of he comporation: 4 + By. Title: P De Name: 5 osen ar lione 1900 ase Ninth reat NOTE: P.O. Box Addresses area NOT acceptable, and 4li4 iste 238) worn before me and subscribed in my presence an ty O83 wie 5 I CRAMER set 7a ission Jan, 31, 2010 Commission
Related Contentin Dutchess County
Case
The Bank Of New York Mellon f/k/a The Bank of New York, successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-7 v. Craig A. Foster, Blake P. Foster, The Bank Of New York Mellon f/k/a The Bank of New York as Successor Indenture Trustee to JPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity Loan Asset Backed Notes, Series 2004-T, Brett Langbert, United States Of America o/b/o Internal Revenue Service, New York State Department Of Taxation And Finance, John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon the premises being foreclosed herein
Aug 15, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53828
Case
Lakeview Loan Servicing, Llc v. Michael Matias, Rafael Torres, Hudson Valley Federal Credit Union, Tesla, Inc., Town Of Poughkeepsie Justice Court, Poughkeepsie City Court, John Doe
Aug 12, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53757
Case
Us Bank Trust National Association, Not In Its Individual Capacity But Solely As Owner Trustee For Vrmtg Asset Trust v. Peter M. Saretto, Cynthia E. Saretto, Petro. Inc And Love Effron Fuel Oil, John Doe 1 Through John Doe 12, Said Names Being Fictitious, Parties Intended Being Possible Tenants Or Occupants Of Premises, Or Corporations, Other Entities Or Persons Who Claim, Or May Claim, A Lien Against The Premises
Aug 14, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53804
Case
Wells Fargo Bank, N.A. v. Paula C. Guida AKA PAULA GUIDA INDIVIDUALLY AND AS SURVIVING SPOUSE OF ROCCO GUIDA, Paige L. Ciancanelli, Support Collection Unit,, New York State Department Of Taxation And Finance, Td Bank Usa, N.A.,, Crown Asset Management, Llc, John Doe
Aug 14, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53807
Case
Deutsche Bank National Trust Company As Trustee For Novastar Mortgage Funding Trust, Series 2006-5 Novastar Home Equity Loan Asset-Backed Certificates, Series 2006-5 v. Sheila M. Decker a/k/a Sheila Decker, Michael Decker, Workers' Compensation Board Of The State Of New York, United States Of America, John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint
Aug 15, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53836
Case
Federal Home Loan Mortgage Corporation, As Trustee For The Benefit Of The Freddie Mac Seasoned Loans Structured Transaction Trust, Series 2021-2 v. Mari-Ellen M. Jose A/K/A MARI-ELLEN M. ZINGARO A/K/A MARIELLEN ZINGARO F/K/A MARI-ELLEN M. TABEEK F/K/A MARIELLEN JOSE F/K/A MARI-ELLEN JOSE F/K/A MARIELLEN TABEEK, John Doe #1-5 And, Jane Doe #1-5 Said Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon The Premises Being Foreclosed Herein,
Aug 06, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53674
Case
J.P Morgan Mortgage Acquisition Corp. v. Jason Culver, New York State Department Of Taxation And Finance, John Doe #1 through JOHN DOE #12
Aug 09, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53753
Case
The Board Of Managers Of Leewood Arms Condominium, A Condominium Created Pursuant To The Real Property Law, On Behalf Of Its Unit Owners v. Reda Abou Shanab
Aug 16, 2024 |Real Property - Other (Non-Mortgage Foreclosure) |Real Property - Other (Non-Mortgage Foreclosure) |2024-53853
Case
Jeryes Freih v. Marie Policare if living, and if dead, the respective heirs at law, next of kin, distributes, executors, administrators, trustees, devisees, legatees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said
Aug 15, 2024 |Real Property - Other (Article 15 - Quiet Title) |Real Property - Other (Article 15 - Quiet Title) |2024-53843
Ruling
KARY HODGE AS SUCCESSOR TRUSTEE OF THE OF THE LIVING TRUST OF...
Aug 13, 2024 |Unlimited Civil (Other Real Property (not emin...) |24CV011380
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV011380: KARY HODGE AS SUCCESSOR TRUSTEE OF THE OF THE LIVINGTRUST OF BRADLEY ALLEN PRUDEK DATED MAY 15, 2020 vs PHH MORTGAGE CORPORATION, et al. 08/14/2024 Hearing on Demurrer in Department 54Tentative RulingTENTATIVE RULINGDefendants PHH Mortgage Corporation and Deutsche Bank National Trust Company’s(“Defendants”) Demurrer to Plaintiff Kary Hodge’s (“Plaintiff”) Complaint isUNOPPOSED and SUSTAINED with leave to amend.This case pertains to the foreclosure of Plaintiff’s property. Plaintiff alleges that theforeclosure proceedings against his residence are improper for failure to comply withvarious statutes.Plaintiff filed an untimely opposition on August 12, 2024, only two court days prior to thehearing. The Court declines to consider the extremely untimely opposition. Accordingly,the demurrer for all intents and purposes is unopposed.The demurrer is sustained. The Court construes Plaintiff’s failure to timely oppose thedemurrer as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964)60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion“it is assumed that [nonmoving party] concedes” that ground].) Nonetheless, as this isthe first demurrer to the complaint, the Court grants Plaintiff leave to amend.Plaintiff may file and serve an amended complaint no later than August 26, 2024.Although not required by statute or court rule, Plaintiff is directed to present the clerk acopy of this ruling at the time of filing the First Amended Complaint. Defendants may fileand serve a response within 30 days of service of the First Amended Complaint, 35days if served by mail.The minute order is effective immediately. No formal order pursuant to California Rulesof Court, rule 3.1312 or further notice is required.NOTICE:Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on thiscalendar must comply with the following procedure: Page 1 of 2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV011380: KARY HODGE AS SUCCESSOR TRUSTEE OF THE OF THE LIVINGTRUST OF BRADLEY ALLEN PRUDEK DATED MAY 15, 2020 vs PHH MORTGAGE CORPORATION, et al. 08/14/2024 Hearing on Demurrer in Department 54To request limited oral argument, on any matter on this calendar, you must call the Law andMotion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before thehearing and advise opposing counsel. At the time of requesting oral argument, the requestingparty shall leave a voice mail message: a) identifying themselves as the party requesting oralargument; b) indicating the specific matter/motion for which they are requesting oral argument;and c) confirming that it has notified the opposing party of its intention to appear and thatopposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If norequest for oral argument is made, the tentative ruling becomes the final order of the Court.Unless ordered to appear in person by the Court, parties may appear remotely eithertelephonically or by video conference via the Zoom video/audio conference platform with noticeto the Court and all other parties in accordance with Code of Civil Procedure §367.75. Althoughremote participation is not required, the Court will presume all parties are appearing remotely fornon-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear onZoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NOCOURTCALL APPEARANCES WILL BE ACCEPTED.Parties requesting services of a court reporter will need to arrange for private court reporterservices at their own expense, pursuant to Government code §68086 and California Rules ofCourt, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy forOfficial Reporter Pro Tempore available on the Sacramento Superior Court website athttps://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved OfficialReporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.pdf.A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to besigned by each party, the private court reporter, and the Judge prior to the hearing, if not using areporter from the Court’s Approved Official Reporter Pro Tempore list.Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiverand requests a court reporter, the party must submit a Request for Court Reporter by a Party witha Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearingor at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerkwill forward the form to the Court Reporter’s Office and an official reporter will be provided. Page 2 of 2
Ruling
FLORENCE KONG VS. MARIANO HERNANDEZ ET AL
Aug 16, 2024 |CGC21589697
Real Property/Housing Court Law and Motion Calendar for August 16, 2024 line 1. CROSS DEFENDANT SRF RECOVERY, KWAN WO IRONWORKS, INC., FLORENCE KONG DEMURRER TO AMENDED CROSS COMPLAINT is OVERRULED at this time. Demurrer to causes of action for Breach of Contract, Quantum Meruit, and Account Stated based on statute of limitations in overruled. These causes of action relate back to the filing of the original complaint. For the purposes of the demurrer will consider the Cross-Complaint's allegations regarding the fence as true. There appears to be a factual dispute between the parties as to the location, timing and erection of various types of fences. This factual dispute cannot be addressed on a demurrer. Demurrer to the causes of action for Public Nuisance, Private Nuisance, Premises Liability, Trespass, Declaratory and Injunctive Relief is OVERRULED. Claims against third-parties are properly brought in this cross-complaint. Alternatively, the Court will sustain the demurrer to these causes of action per the cross-defendant's request in this case, vacate the dismissal in case 594093 and will entertain a motion to consolidate. If parties wish to proceed with the alternative ruling as stated above, the parties shall so advice the Court at the hearing. =(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.
Ruling
FRANCISCO BRIGIDO NAVA, ET AL. VS GREG JARA, ET AL.
Aug 21, 2024 |23TRCV00741
Case Number: 23TRCV00741 Hearing Date: August 21, 2024 Dept: B Superior Court of California County of Los Angeles Southwest District Torrance Dept. B FRANCISCO BRIGIDO NAVA, Plaintiff, Case No.: 23TRCV00741 vs. [Tentative] RULING GREG JARA, Defendant. Hearing Date: August 21, 2024 Moving Parties: Attorney Hector C. Perez, for defendant and cross-complainant Greg Jara Responding Party: None Motion to Be Relieved as Counsel The Court considered the moving papers. RULING The motion is GRANTED. The motion is GRANTED. The Court orders that the attorney is relieved as counsel of record for defendant and cross-complainant Greg Jara, effective upon the filing of the proof of service of the signed Order Granting Attorneys Motion to Be Relieved as Counsel Civil (Judicial Council form MC-053) upon the client. BACKGROUND On March 15, 2023, plaintiffs Francisco Brigido Nava and Maria Gomez Ruiz filed a complaint against Greg Jara for (1) negligence, (2) breach of implied warranty of habitability, (3) wrongful eviction, and (4) fraud. On May 1, 2023, defendant Greg Jara filed a cross-complaint against plaintiffs for (1) abuse of elder person and (2) IIED. On July 18, 2024, the Court denied defense counsels motion to be relieved as counsel without prejudice as counsel did not use the mandatory form for counsels declaration. Trial is set for November 13, 2024. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d 398. CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as CounselCivil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as CounselCivil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as CounselCivil form (MC-053)). DISCUSSION Defendant and cross-complainant Greg Jaras attorney, Hector C. Perez, seeks to be relieved as counsel. Counsel states in his declaration that his client advised him that he did not want counsel to work on the matter anymore and that counsel was further informed that the client was in the process of hiring another attorney. The Court finds that the attorney submitted a declaration establishing that the service requirements of California Rules of Court, Rule 3.1362, have been satisfied. The Court also finds that the attorney has shown sufficient reason why the motion to be relieved as counsel should be granted. The motion is GRANTED. ORDER The motion is GRANTED. The Court orders that the attorney is relieved as counsel of record for defendant and cross-complainant Greg Jara, effective upon the filing of the proof of service of the signed Order Granting Attorneys Motion to Be Relieved as Counsel Civil (Judicial Council form MC-053) upon the client. Moving counsel is ordered to give notice of this ruling.
Ruling
MONTANO INVESTMENTS, INC. VS USA REAL ESTATE INVESTMENT SERVICES, INC, ET AL.
Aug 15, 2024 |22STCV04061
Case Number: 22STCV04061 Hearing Date: August 15, 2024 Dept: 78 Superior Court of California County of Los Angeles Department 78 ¿ MONTANO INVESTMENTS, INC., Plaintiff(s), vs. USA REAL ESTATE INVESTMENT SERVICES, INC., et al., Defendant(s). Case No.: 22STCV04061 (C/W 22STUD00257, 22STUD00250) Hearing Date: August 15, 2024 [TENTATIVE] ORDER GRANTING UNOPPOSED MOTION TO QUASH SERVICE OF SUMMONS I. BACKGROUND Plaintiff Montano Investments, Inc. (Plaintiff) filed its First Amended Complaint (FAC) against defendants USA Real Estate Investment Services, Inc., et al. alleging that defendant Marc Mendez aka Marcus Mendez (Mendez) defrauded Plaintiff of its property by forging its presidents signature on a promissory note and fraudulently foreclosing on the subject property. The complaint sets forth eleven causes of action for (1) Malicious Prosecution, (2) Quiet Title, (3) Fraud, (4) Civil Conspiracy to Commit Fraud, (5) Aiding and Abetting Fraud, (6) Rescission (7) Equitable Set Aside of Foreclosure, (8) Wrongful Foreclosure, (9) Abuse of Process, (10) Violation of Civil Code § 2943, (11) Promissory Estoppel. Defendant Mendez moves to quash service of summons and FAC. Any opposition was due on or before August 2, 2024; none has been filed to date. II. PROCEDURAL HISTORY On August 4, 2022, Plaintiff filed a First Amended Complaint. On August 31, 2022, the Court consolidated this case with cases 22STUD00257 and 22STUD00250. On February 1, 2023, Plaintiff filed its proof of service as to Defendant Mendez. On July 20, 2023, Mendez filed his first motion to quash service of summons. On August 16, 2023, Mendezs motion to quash service of summons was granted. On March 31, 2024, Plaintiffs application for an order for publication was granted to serve Mendez via Plano Star Courier, a newspaper published in Plano, Texas. On April 2, 2024, Plaintiffs application for an order for publication was granted to serve Mendez via the Metropolitan News-Enterprise, a newspaper published in Los Angeles, California. On May 3, 2024, Plaintiff filed proof of publication of service via the Metropolitan News-Enterprise in Los Angeles, California. On June 3, 2024, Mendez filed his second motion to quash service of summons. III. LEGAL STANDARD [C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.] (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.)¿¿ When a defendant challenges the courts personal jurisdiction on the ground of improper service of process, the burden is on the plaintiff to prove the existence of jurisdiction by proving the facts requisite to an effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The filing of a proof of service creates a rebuttable presumption that the service was proper. However, the presumption arises only if the proof of service complies with the applicable statutory requirements. (Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 790.)¿ On a motion to quash service of summons, the plaintiff bears the burden of proving by a preponderance of the evidence that all jurisdictional criteria are met. [Citations.] The burden must be met by competent evidence in affidavits and authenticated documents; an unverified complaint may not be considered as supplying the necessary facts. [Citation.] (Brown v. Garcia (2017) 17 Cal.App.5th 1198, 1203.) IV. DISCUSSION Mendez argues Plaintiff failed to effectuate valid service of process by publication, because the proof of publication provides he was served in California when Plaintiff is not a resident of California. Mendez declares that he is a resident of the State of Texas. (Decl. Mendez ¶ 2.) Mendez further argues that despite the Hon. Juge Mark E. Windham signing an Order for Publication for Plaintiff on March 31, 2024 to serve Mendez by publication in Plano, Texas, Plaintiff has still failed to effectuate valid service on Mendez. There is no proof of service by publication in Texas to date. Here, Mendez has rebutted the presumption that service was proper. (Sheard v. Superior Court (1974) 40 Cal.App.3d 207, 211 [[W]here a defendant properly moves to quash service of summons the burden is on the plaintiff to prove facts requisite to the effective service.].)¿Because Plaintiff did not oppose the motion, Plaintiff necessarily fails to prove that proper service had been effectuated. V. CONCLUSION Mendezs motion to quash service of summons is GRANTED Moving Party is ordered to give notice. DATED: August 14, 2024 __________________________ Hon. Michelle C. Kim Judge of the Superior Court PLEASE TAKE NOTICE: " Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. " If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line SUBMIT followed by the case number. The body of the email must include the hearing date and time, counsels contact information, and the identity of the party submitting. " Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. " If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.
Ruling
PEOPLE OF THE STATE OF CALIFORNIA EX REL. WILLIAM WYNDER, CITY ATTORNEY FOR THE CITY OF RANCHO PALOS VERDES, ET AL. VS JOHN STEPHEN RICO
Aug 12, 2024 |23TRCV03110
Case Number: 23TRCV03110 Hearing Date: August 12, 2024 Dept: B Superior Court of California County of Los Angeles Southwest District Torrance Dept. B PEOPLE OF THE STATE OF CALIFORNIA FOR CITY OF RANCHO PALOS VERDES, et al., Plaintiffs, Case No.: 23TRCV03110 vs. [Tentative] RULING JOHN STEPHEN RICO, Defendant. Hearing Date: August 12, 2024 Moving Parties: Proposed intervenor Federal Housing Finance Agency Responding Party: None Motion for Order Granting Pro Hac Vice Application of Michael A.F. Johnson to Appear as Counsel in this Action The Court considered the moving papers. RULING The application is GRANTED. The Court ORDERS that Michael A.F. Johnson appear as counsel pro hac vice for proposed intervenor Federal Housing Finance Agency. BACKGROUND On September 20, 2023, People of the State of California ex rel. William Wynder and City of Rancho Palos Verdes filed a complaint against John Stephen Rico for (1) public nuisance per se, (2) public nuisance, and (3) violation of state housing law receivership. Community Mortgage Funding, LLC, County of Los Angeles Department of Child Support Services, and State of California EDD were named as real parties in interest. On April 17, 2024, the Court granted City of Rancho Palos Verdes petition for appointment of receiver and requiring reimbursem*nts. DISCUSSION Attorney Michael A.F. Johnson requests leave to appear as counsel pro hac vice for proposed intervenor Federal Housing Finance Agency. CRC Rule 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear as counsel pro hac vice in the State of California by filing a verified application together with proof of service by mail of a copy of the application and notice of hearing on all parties who have appeared in the case and on the State Bar of California at its San Francisco office, with payment of a $50.00 fee, so long as that attorney is not a resident of the State of California, and is not regularly engaged in substantial business, professional, or other activities in the State of California. The application must state: (1) the applicants residence and office address; (2) the courts to which the applicant has been admitted to practice and the dates of admission; (3) that the applicant is a member in good standing in those courts; (4) that the applicant is not currently suspended or disbarred in any court; (5) the title of each court and cause in which the applicant has filed an application to appear as counsel pro hac vice in this state in the preceding two years, the date of each application, and whether or not it was granted; and (5) the name, address, and telephone number of the active member of the State Bar of California who is attorney of record in the local action. CRC Rule 9.40(d). The Court finds that the attorneys application complies with the requirements of Rule 9.40. The applicant has paid the required $50.00 fee to the State Bar of California. CRC Rule 9.40(e). The application is GRANTED. ORDER The application is GRANTED. The Court ORDERS that Michael A.F. Johnson appear as counsel pro hac vice for proposed intervenor Federal Housing Finance Agency. Moving party is to give notice of this ruling.
Ruling
ELIZABETH THOMAS VS BV LAKEWOOD CARSON SE LLC
Aug 14, 2024 |23NWCV00135
Case Number: 23NWCV00135 Hearing Date: August 14, 2024 Dept: C Elizabeth Thomas vs BV Lakewood Carson SE LLC, Case No.: 23NWCV00135This is a wrongful eviction action. Plaintiff Elizabeth Thomas, Pro Se, applies ex parte for an order extending time to pay jury fees. Plaintiff contends that she is in the process of securing representation and needs additional time to arrange payment of jury fees. Trial is currently set for September 10, 2024. Plaintiff requests an extension until September 5, 2024 to pay the jury fees. The ex parte application is GRANTED in part. Jury fees are due no later than August 26, 2024, the day before the Final Status Conference scheduled for August 27, 2024. Clerk to give notice.
Ruling
JAMES W. TSENG AND ROSA Y. JOU, AS TRUSTEES OF THE TSENG AND JOU FAMILY LIVING TRUST UNDER TRUST AGREEMENT DATED APRIL 23, 20 VS GIANCARLO TALLARICO
Aug 13, 2024 |6/18/2022 |24SMCV00596
Case Number: 24SMCV00596 Hearing Date: August 13, 2024 Dept: I The matter is here on a motion for summary judgment and for an FSC. The court turns first to the MSJ. Defendant brings this motion in the instant UD action on the ground that plaintiff failed to register the property as required by the rent stabilization ordinance (RSO). The penalty for failing to do so is that the owner cannot accept any rent. According to the defense, the property in question is a condominium. The RSO exempts single family homes from its reach, but not condominiums. Because this is a condominium, defendant argues, it is subject to the RSO and the failure to register it is fatal to the case. In support, defendant has submitted the deed, which states that the property is a condominium unit. Plaintiff opposes, stating that the board has refused to allow him to register. The court notes that the deed is a bit more ambiguous. It has two parts. One is a divided interest in a particular unit (Unit 7), which is the unit that plaintiff rented to the defendant. It also has a 1/12 undivided interest in the common areas. It is part of a condominium development. In opposition, plaintiff states that he did register the until for a number of years. But in 2018, he was informed by the Board that he could no longer register it because it had an ineligible Land Use Code. After being so informed by the Board, he stopped registering the property or trying to do so. Recentlyafter suit was filed but before the motionhe double checked. He personally went to the Board, and it confirmed that he could not register the property. To make sure, he went to Building and Safety, but they provided no information. He went to Housing, but they too provided no information. Then he went to Billing, and they confirmed what he had been told in 2018. (Tseng Decl., and Ex. 3 thereto.) The court notes two things. First, the ordinance is ambiguous. It exempts single family homes. It appears that the property in question is what a lay person would view as a single family home. The court gleans that it is a standalone dwelling on a divided interest of the development. It is not a part of a converted apartment building; it does not share walls or pipes or wiring or the like with other units any more than would two neighbors owning separate parcels. The term condominium is not defined in the ordinance, or at least no definition has been pointed out. The court does not believe it is irrational or improper for this home to be exempt. But the converse is also true. The development as a whole is called a condominium. It is (one would think) governed by an association that has responsibilities that might be stronger than a normal neighborhood association. There are common areas jointly owned. It would not be irrational nor improper for this home to be within the RSO either. It appears that the agency has interpreted the RSO as exempting this property. From the lofty halls of the US Supreme Court to this lowly trial court, judges are looking at how much deference to give agency interpretations of statutes (or ordinances). The court will not go into that detailed analysis (and the court is, of course, not governed by federal law here). But suffice it to say that the court is inclined to give the agency some deference in the interpretation of the RSO. The court notes that such agencies generally are not shy about drawing units into their purview, and so a determination that this property is outside the RSOs scope is hardly one that the court ought to look at with a jaundiced eye. The court will therefore adopt the Boards interpretation and find that this unit need not be registered. The court notes that in many ways the reasons that single family homes are exempted would apply to this unit. But there is a bit more. This is an unusual case. The court has seen a number of cases with units that are plainly within the RSO but that have not been registered because the owner simply does not want to be bothered or have any agency tell the owner what can or cannot be charged as rent. But this plaintiff is not such a person. This plaintiff did register the property until he was told by the Board that he could no longer do so. This is no scofflaw; this is someone who has made an effort to comply. That does not change the ordinances meaning, of course. But it is relevant. Where the reason that property is not registered with the Board is because the Board refuses to allow it to be registered, it would be a deprivation of due process to then tell the owner that the owner is in violation of the registration requirement and impose a penalty. Fundamental due process theory tells us that a person cannot be penalized by the government for not doing something that the government will not allow the person to do. And such a result would be a grossly unfair windfall to the tenant. Defendants argument is that he is entitled to stay on the property forever, rent free (or at least until the Board changes its mind, if ever). While the court would go there if the law absolutely required it, the court does not go willingly to such an absurd and unfair position. For the foregoing reasons, the motion for summary judgment is DENIED. Given that, the court will inquire about the trial. The court is in receipt of the joint jury instructions and the joint statement of compliance. The joint statement is only applicable to limited jurisdiction cases. This is an unlimited jurisdiction case. Accordingly, it is not sufficient. However, on August 12, 2024, the parties filed joint witness and exhibit lists that are essentially the same, and that is closer. But there are still some missing documents. The court will inquire as to the situation. The court notes that it is in trial, so this case may trail that one. If the case is ready for trial, then the court will continue it to a Friday so as to accommodate the jury trial starting today.
Ruling
BINFORD ROAD LLC VS PAUL DEN BESTE
Aug 14, 2024 |CV2104251
DATE: 08/13/24 TIME: 1:30 P.M. DEPT: A CASE NO: CV2104251PRESIDING: HON. STEPHEN P. FRECCEROREPORTER: CLERK: RON BAKERPLAINTIFF: BINFORD ROAD LLC vs.DEFENDANT: PAUL DEN BESTENATURE OF PROCEEDINGS: MOTION — OTHER: TO APPOINT SUCCESSORRECEIVER, ETC. RULINGBefore the Court is Defendant Paul Den Beste’s (“Defendant”) motion for the appointment of asuccessor receiver. The parties appeared for a case management conference on August 9, 2024and agreed that the motion should be granted. The hearing set for August 13, 2024 is thereforeVACATED and the motion is GRANTED.The Court notes, however, Defendant asserts in his moving papers that the receiver is an“indispensable” party to this litigation. To the extent Defendant seeks to join any party to thislitigation, whether indispensable or otherwise, or to the extent he seeks other relief, he may onlydo so only through a properly noticed motion set for hearing before the Court. The Court’spresent order is limited to granting the request for appointment of a successor trustee.As set forth at the case management conference, the parties shall file and serve their nominationsfor a receiver and proposed order for the receivership as follows: 1 The parties submit nominations, together with a summary of qualifications for the nominee, along with a proposed order for the receivership on August 16, 2024. 2. Any objections or response to the opposing side’s submission on August 23, 2024.Unless otherwise ordered, the Court will take the matter under submission and issue an orderwithout a hearing.CV2104251 All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B)to contest the tentative decision. Parties who request oral argument are required to appear inperson or remotely by ZOOM. Regardless of whether a party requests oral argument inaccordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with theannounced ruling as required by Marin County Superior Court Local Rules, Rule 2.11. The Zoom appearance information for August, 2024 is as follows: https:/Avww.zoomgov.com/j/1602925171?pwd=NUdsaVlabHNrNjZGZjFsVjVSTUVqQT09 Meeting ID: 160 292 5171 Passcode: 868745 If you are unable to join by video, you may join by telephone by calling (669) 254-5252and using the above-provided passcode, Zoom appearance information may also be found onthe Court’s website: https:/Avww.marin.courts.ca.go'Page 2 of 2
Document
Jeryes Freih v. Marie Policare if living, and if dead, the respective heirs at law, next of kin, distributes, executors, administrators, trustees, devisees, legatees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said
Aug 15, 2024 |Real Property - Other (Article 15 - Quiet Title) |Real Property - Other (Article 15 - Quiet Title) |2024-53843
Document
Jeryes Freih v. Marie Policare if living, and if dead, the respective heirs at law, next of kin, distributes, executors, administrators, trustees, devisees, legatees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said
Aug 15, 2024 |Real Property - Other (Article 15 - Quiet Title) |Real Property - Other (Article 15 - Quiet Title) |2024-53843
Document
Jeryes Freih v. Marie Policare if living, and if dead, the respective heirs at law, next of kin, distributes, executors, administrators, trustees, devisees, legatees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said
Aug 15, 2024 |Real Property - Other (Article 15 - Quiet Title) |Real Property - Other (Article 15 - Quiet Title) |2024-53843
Document
The Bank Of New York Mellon f/k/a The Bank of New York, successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-7 v. Craig A. Foster, Blake P. Foster, The Bank Of New York Mellon f/k/a The Bank of New York as Successor Indenture Trustee to JPMorgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home Equity Loan Asset Backed Notes, Series 2004-T, Brett Langbert, United States Of America o/b/o Internal Revenue Service, New York State Department Of Taxation And Finance, John Doe #1 Through #6, And Jane Doe #1 Through #6, The Last Twelve Names Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants, Tenants, Persons Or Corporations, If Any, Having Or Claiming An Interest In Or Lien Upon the premises being foreclosed herein
Aug 15, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53828
Document
Deutsche Bank National Trust Company As Trustee For Novastar Mortgage Funding Trust, Series 2006-5 Novastar Home Equity Loan Asset-Backed Certificates, Series 2006-5 v. Sheila M. Decker a/k/a Sheila Decker, Michael Decker, Workers' Compensation Board Of The State Of New York, United States Of America, John Doe #1 Through John Doe #12, The Last Twelve Names Being Fictitious And Unknown To Plaintiff, The Persons Or Parties Intended Being The Tenants, Occupants, Persons Or Corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the Complaint
Aug 15, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53836
Document
Jeryes Freih v. Marie Policare if living, and if dead, the respective heirs at law, next of kin, distributes, executors, administrators, trustees, devisees, legatees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said
Aug 15, 2024 |Real Property - Other (Article 15 - Quiet Title) |Real Property - Other (Article 15 - Quiet Title) |2024-53843
Document
Jeryes Freih v. Marie Policare if living, and if dead, the respective heirs at law, next of kin, distributes, executors, administrators, trustees, devisees, legatees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said
Aug 15, 2024 |Real Property - Other (Article 15 - Quiet Title) |Real Property - Other (Article 15 - Quiet Title) |2024-53843
Document
J.P Morgan Mortgage Acquisition Corp. v. Jason Culver, New York State Department Of Taxation And Finance, John Doe #1 through JOHN DOE #12
Aug 09, 2024 |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |2024-53753
