EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (2024)

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On November 08, 2016 aExhibit,Appendixwas filedinvolving a dispute betweenMortgage Assets Management Llc,Mortgage Assets Management, Llc,Nationstar Mortgage Llc,Nationstar Mortgage Llc D B A Champion Mortgage Company,andGrudens, Madeline,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 Premises, Described In The Complaint,,John Doe #2 Through John Doe #12,,John Doe #2 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 Premises, Described In The Complaint,,Secretary Of Housing And Urban Development,Sustainable Neighorhoods Llc,William Richard Grudens Aka Richard Grudens,for Real Property - Mortgage Foreclosure - Residentialin the District Court of Suffolk County.

EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (1)

EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (2)

  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (3)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (4)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (5)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (6)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (7)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (8)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (9)
  • EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (10)
 

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FILED: SUFFOLK COUNTY CLERK 06/03/2024 05:18 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 RECEIVED NYSCEF: 06/03/2024FILED: SUFFOLK COUNTY CLERK 06/03/2024 03/16/2020 05:18 02:31 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 6 RECEIVED NYSCEF: 06/03/2024 03/16/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK AFFIDAVIT OF SERVICE #414697* Index no :604155/2020 Date Index Number Purchased: 03/04/2020 Plaintiff(s): NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, Defendant(s): WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS; ET. AL., I NEW YORK NASSAU ss.: JOHN P. SAVAGE, the undersigned, being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to this action. I reside in the NEW YORK. On 03/11/2020 at 9:53 AM, I served the within NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUMMONS AND COMPLAINT WITH CERTIFICATE OF MERIT bearing index number and filing date endürsed thereon, along with RPAPL Section 1320 Notice Section 1303 Help for IIG...-..as in Foreclosure Notice on colored paper on WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS at 246 WOODLAWN AVENUE, SAINT JAMES, NY 11780 in the manner indicated below: SUITABLE AGE: By delivering a true copy of said documents to MADELINE GRUDENS, CO-OCCUPANT/WIFE, a person of suitable age and discretion. Said premises is defendant's place of residence within the state. On 03/13/2020, deponent enclosed a copy of NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUMMONS AND COMPLAINT WITH CERTIFICATE OF MERIT bearing index number and filing date endorsed thereon to WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS at said defaiidaiifs Actual Place of Residence, at 246 WOODLAWN AVENUE,SAINT JAMES, NY , 11780 in a 1st Class postpaid Confidential" properly addressed envelope not indicating that the mailing was from an attorney or concerned legal action and marked "Personal and in an official depository under the exclusive care and custody of the United States Post Office. Comments: DEPONENT ASKED THE RECIPIENT IS WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS DECEASED AND RECEIVED A NEGATIVE REPLY A description of the defendant, or other person served on behalf of the defeiidmñ is as follows: Sex Color of skin/race Color of hair Age Height Weight Female White Blonde 31-39 5ft5In-5ft8In 161-200 lbs Other Features: Your deponent asked the above mentioned recipient whether the defendant was active in the military service and received a negative reply. Upon information and belief I have; being based on the conversations and observations above narrated, defendant is not active in the military service. Sworn to and subscribed before me on 03/13/2020 X JOHN P. SAVA ) ACCU-SERVE OCESS SERVICE LTD Elveen almer 333 EARLE OV GTON BLVD SUITE 225 Notary Public, State of New York UNIONDALE, NY 11553 COMM Exp. Nov. 28, 2020 516-565-2228 Suffolk 01PA6351357 RAS Boriskin, LLC 900 Merchants Concourse, Suite LL-5 Westbury, NY 11590 Atty File#: 20-012445 ACCU-SERVE PROCESS SERVICE LTD License # 0994591, 333 EARLE OVINGTON BLVD SUITE 225, UNIONDALE, NY 11553 - Tel: 516-565-2228 1 of 1FILED: SUFFOLK COUNTY CLERK 06/03/2024 03/16/2020 05:18 02:31 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 8 RECEIVED NYSCEF: 06/03/2024 03/16/2020 SUPREME COURT OF THE STATE OF NEW YORK I COUNTY OF SUFFOLK AFFIDAVIT OF SERVICE *414606* Index no :604155/2020 Date Index Number Purchased: 03/04/2020 Plaintiff(s): NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, Defendant(s): WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS; ET. AL., STATE OF NEW YORK COUNTY OF NASSAU ss.: Joseph Dôñôvañ, the undersigned, being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to this action. I reside in the STATE OF NEW YORK. On 03/10/2020 at 12:55 PM, I served the within NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUMMONS AND COMPLAINT WITH CERTIFICATE OF MERIT bearing index number and filing date endorsed thereon on SECRETARY OF HOUSING AND URBAN DEVELOPMENT at 271 CADMAN PLAZA EAST, BROOKLYN, NY 11201 in the manner indicated below: CORPORATE SERVICE: a true copy of said documents to Rosa Martinez, CLERK - PERSON By delivering AUTHORIZED TO ACCEPT PAPERS of the above named corporation. The undersigned asked the recipient if he/she is authorized to accept service on behalf of SECRETARY OF HOUSING AND URBAN DEVELOPMENT, and the recipient responded in the affirmative. A description of the dcfcadañt, or other person served on behalf of the defcñdant is as follows: Sex Color of skin/race Color of hair Age Height Weisrht Female Brown Black 50-59 |5ft0In- 5ft3In 125 - 149 lbs Other Features: Sworn to and subscribed before me on X ,_ 03/12/2020 Jose}ilrDõiiõvah vah License#: 1292936 ACCU-SERVE PROCESS SERVICE LTD 333 EARLE OVINGTON BLVD SUITE 225 E een I almer UNIONDALE, NY 11553 Notary Public, State of New York 516-565-2228 COMM Exp. Nov. 28, 2020 Suffolk RAS Boriskin, LLC 01PA6351357 900 Merchants Concourse, Suite LL-5 Westbury, NY 11590 Atty File#: 20-012445 ACCU-SERVE PROCESS SERVICE LTD License # 0994591, 333 EARLE OVINGTON BLVD SUITE 225, UNIONDALE, NY 11553 - Tel: 516-565-2228 1 of 1FILED: SUFFOLK COUNTY CLERK 06/03/2024 03/16/2020 05:18 02:31 PM INDEX NO. 604155/2020NYSCEF DOC. NO.5775 9 RECEIVED NYSCEF: 06/03/2024 03/16/2020 RAS Boriskin, LLC 900 Merchants Concourse, Suite LL-5 License#: 1292936 Westbury, NY 11590 Atty File #: 20-012445 2 of 2FILED: SUFFOLK COUNTY CLERK 06/03/2024 03/16/2020 05:18 02:31 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 9 RECEIVED NYSCEF: 06/03/2024 03/16/2020 11111111111IllllllIllIIllll|llIll *414606* USA CERTIFIED MAILING AFFIDAVIT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NATIONSTAR MORTGAGE LLC D/B/A CHAMPION Att. File: 20-012445 MORTGAGE COMPANY, Index: 604155/2020 Plaintiff(s) Purchased: 03/04/2020 VS WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS; ET. AL., Defendant(s) I STATE OF NEW YORK COUNTY OF NASSAU ) SS.: Joñathañ Michel ,being duly sworn, deposes and says deponent is not a party to this action and is over the age of eighteen years and resides in the State of New York. That on 03/11/2020, Deponent mailed a copy of the NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUMMONS AND COMPLAINT WITH CERTIFICATE OF MERIT bearing index number and filing date endorsed thereon, in this action on those defendants listed below by certified mail with a return receipt requested in an envelope bearing the legend "personal and confidential"and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt. Defendant(s): SECRETARY OF HOUSING AND URBAN DEVELOPMENT C/O US ATTORNEY 950 PENNSYLVANIA AVENUE, WASHINGTON, DC, 20530-0001 Receipt#: 70172620000034886091 Said mailing(s) was made to the defendañt(s) place of residence if known. If unknown, the mailing was made to the defendant(s) place of employment. If said place of employment was unknown, the mailing was made to the defendant(s) at his/her last known residence. This is an additicñal mailing that was completed for said defendant. The foregoing statements are true, under penalty of perjury. BL A PALMER Notary Public, State of New York No. 01PA6351357 Qualified in Suffolk County Commission Expires November 28, Subscribed and sworn to before me on 03/11/2020 Elveen Palmer Public, State of New York X Notary O Exp. Nov. 28, 2020 Jonathan Michel Suffolk 1 of 2FILED: SUFFOLK COUNTY CLERK 06/03/2024 05/18/2020 05:18 01:19 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 10 RECEIVED NYSCEF: 06/03/2024 05/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK AFFIDAVIT OF SERVICE agg, Index no : 604155/2020 Date Index Number Purchased: 03/04/2020 Plaintiff(s): NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY, Defendant(s): WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS; ET. AL., NEW YORK NASSAU ss.: JOHN P. SAVAGE, the undersigned. being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to this action. I reside in the NEW YORK. On 03/11/2020 at 9:53 AM, I served the within NOTICE OF ELECTRONIC FILING (MANDATORY CASE), SUMMONS AND COMPLAINT WITH CERTIFICATE OF MERIT bearing index number and filing date endorsed thereon on MADELINE GRUDENS AS "JOHN DOE #1" at 246 WOODLAWN AVENUE, SAINT JAMES, NY 11780 in the manner indicated below: INDIVIDUAL: By delivering thereat a true copy of each to said Defendant personally; deponent knew the person so served to be the person described herein by deponent asking the person if he or she is the named Defendant and the person responding that he or she is in fact the person named in this action as the Defendant. A description of the Defeiidaiit, or other person served on behalf of the Defendant is as follows: Sex ÌColor of skin/race Color of hair Asc Height Weight Female White Blonde 31-39 5ft5In-5ft8In Ï161-200 lbs Other Features: Your depenent asked the above mentioned Defendant whether he or she was activ in the litary service and received a negative reply. Upon iiifGriliation and belief I have; being based on the conversations and observation ove n ated, Defendant is not active in the military service. Sworn to and subscribed before me on X 03/ 2/2020 JOHN . SAWAGE ACCU SERVE PROCESS SERVICE LTD 333 RLEOVINGTON BLVD SUITE 225 UNIO ALE, NY 11553 obert Ciulla 516-565-2228 Notary Public, STATE OF NEW YORK Commission Exp: Dec 18, 2021 RAS Boriskin, LLC Nassau 900 Merchants Concourse, Suite LL-5 No.01CI6368654 Westbury, NY 11590 Atty File#: 20-012445 ACCU-SERVE PROCESS SERVICE LTD License # 0994591, 333 EARLE OVINGTON BLVD SUITE 225, UNIONDALE, NY 11553 - Tel: 5 16-565-2228 1 of 1FILED: SUFFOLK COUNTY CLERK 06/03/2024 05/18/2020 05:18 01:19 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 11 RECEIVED NYSCEF: 06/03/2024 05/18/2020 lll1111111111111111111111111111111111111 *414806* AFFIDAVIT OF DELIVERY SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK AFFIDAVIT OF DELIVERY OF 1303 RPAPL § 1303 NATIONSTAR MORTGAGE LLC D/B/A CHAMPION NOTICE ON TENANT MORTGAGE COMPANY, INDEX NO: 604155/2020 Plaintiff(s) PURCHASE DATE: 03/04/2020 VS WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS; ET. AL., Defendant(s) NEW YORK NASSAU ) SS.: I, Jonathan Michel, being duly sworn, deposes and says that he/she is over 18 years of age and not a arty to this action; that on 03/12/2020, deponent mailed to 246 WOODLAWN AVENUE, SAINT JAMES, Y 11780 ,pursuant to RPAPL § 1303, which Notice as delivered by mail, was printed on PINK paper, the title of the Notice appeared to be in bold 20 point type, and the text appeared to be in bold, 14-point type, on #1" MADELINE GRUDENS AS "JOHN DOE Defendant/Tenant named herein, in the following manner: VIA CERTIFIED MAIL RETURN RECElPT REQUESTED. RECEIPT #: 70172620000034886107 As the premises has less than five units and the identity of the Tenant is known, delivery of said Notice was made pursuant to RPAPL § 1303 by depositing, in an official depository under the exclusive care and custody of United States Post Office in the State of New York on the 03/12/2020, a true copy of said Notice in a postpaid, properly addressed envelope, by certified mail, return receipt requested, 70172620000034886107 as well as by first-class mail, address to the above-named MADELINE #1" GRUDENS AS "JOHN DOE residing at the property listed above. Subscribed and sworn to before me on 03/12/2020 Elvee mer Jonathan Michel Notary Public, State of New York COMM Exp. Nov. 28, 2020 Suffolk 01PA6351357 Accu-Serve Process Service Ltd. License # 0994591, 333 Earle Ovington Blvd, Suite 225Uniondale, NY 11553 - Tel: 516.565.2228 - Fax: 516.977.4261 RAS Boriskin, LLC - 900 Merchants Concourse, Suite LL-5Westbury, NY 11590 1 of 1FILED: SUFFOLK COUNTY CLERK 06/03/2024 05/18/2020 05:18 01:19 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 12 RECEIVED NYSCEF: 06/03/2024 05/18/2020 AFFIDAVIT OF OCCUPANT MAILING SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK NATIONSTAR MORTGAGE LLC D/B/A CHAMPION AFFID IT OF OCCUPANT MAILING OF 1303 MORTGAGE COMPANY, RPAPL 1303 NOTICE ON TENANT VS. INDEX NO: 604155/2020 WILLIAM RICHARD GRUDENS AKA RICHARD ET. rPURCHASE DATE: 03/04/2020 GRUDENS; AL., __ ___ NEW YORK ) COUNTY OF NASSAU ) SS.: I , Jonathan Michel, being duly sworn, deposes and says that he/she is over 18 years of age and not a party to this action; that on 0 12/2020 deponent mailed to 246 WOODLAWN AVENUE, SAINT JAMES, NY 11780, pursuant to RPAPL 1303, which Notice as delivered by mail, was printed on PINK paper, the title of the Notice appeared to be in bold 20-point type, and the text appeared to be in bold, 14-point type, on Defendant/Tenant named herein, in the following manner: In compliance with RPAPL 1303, a tenant notice, printed on colored paper that is other than the color of the summons and complaint was mailed in a postpaid, properly addressed envelope by first class mail addressed to OCCUPANTS residing at the property listed above. Jonathan Michel Subscribed and sworn to before me on : 03/12/202 Elveen almer Notary Public, State of New York NO. COMM Exp. Nov. 28, 2020 Suffolk 01PA6351357 Accu-Serve Process Service Ltd. License # 0994591, 333 Earle Ovington Blvd, Suite 225Uniondale, NY 11553 - Tel: 516.565.2228 - Fax: 516.977.4261 RAS Boriskin, LLC, 900 Merchants Concourse, Suite LL-5, Westbury, NY 11590 1 of 1FILED: SUFFOLK COUNTY CLERK 06/03/2024 05/18/2020 05:18 01:19 PM INDEX NO. 604155/2020NYSCEF DOC. NO. 75 13 RECEIVED NYSCEF: 06/03/2024 05/18/2020 COUNTY OF SUFFOLK SUPREME COURT OF THE STATE OF NEW YORK # 27454N NATIONSTAR MORTGAGE LLÖ D/B/A CHAMPION MORTGAGE COMPANY, Plaintiff(s) INDEX# 604155/2020 against Date filed 3/4/2020 WILLIAM RICHARD GRUDENS AKA RICHARD GRUDENS, ET AL Defendant(s) . STATE OF NEW YORK COUNTY OF ALBANY 414608 SECRETARY OF STATE - AFFIDAVIT OF SERVICE NICOLE HOOKER being duly sworn, depases and says that deponent is not a party to this action, is over the age of 18 years and has a principal place of business at in the County of Albany, State of New York. That on 3/9/2020 at 4:04 PM, at the office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 Washingtcñ Avenue, he/she served a true copy of a NOTICE OF ELECTRONIC FILING, MANDATORY CASE, SUMMONS AND COMPLAINT, CERTIFICATE OF MERIT on SUSTAINABLE NEIGHBORHOODS LLC, Defendant in this action and on this date, the address of record with the secretary of state is: 17 BATTERY PLACE SOUTH NEW YORK NY 10004 By delivering to and leaving with NANCY DOUGHERTY, authorized agent in the office of the Sêcrêtary of the State, State of New York, personally at the office of the Secretary of State, of the State of New York, two (2) true copies thereof and that at the time of mâkiñÿ such service, dêpoñêñt paid said Secretary of State a fee of $40.00. That said service was made pursuant to Section 303 LLC Gearing Index Number and Filing Date endorsed therscñ. . [ ] Dêpüñêñt additicña||y served upon the above named déf6ñdâñt one (1) true copy of the RPAPL SEC. 1303 Homeowner's Forec!osure Notice which was printed in bold, 14 point font size and printed on ccicrad paper which is a color other than said pleading Description Description of the Recipient is as follows: A Female with White skin, Brown hair, who is approximately 54 years of age 5' 1" and has an approxirñats height of and approximate weight of 120 pounds. Other idêñtifying features are as follows: Glasses. NICOLE HOOKER Process Server State of New York County of Albany Sworn to before me on This 20 day of M rch 202 Michelle M. Santspree Emily M. Corbett Notary Public, State of New York Notary Public, State of New York NO. 01SA5047611 No. 01CO6299470 otary Publ - Emily M. Corbett Q ualfied in Albany County Qualified in Albany County Commission Expires August 7. 2021 Commission Expires March 24, 2022 ACCU-SERV LTD - 333 EARLE OVINGTON BLVD SUITE 225 - UNIONDALE, NY 11553 - 516-565-2228 1 of 1

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Ruling

Aug 20, 2024 |CVRI2403157

B&B CARRIER, INC. VSCVRI2403157 PRELIMINARY INJUNCTIONEAST WEST BANKTentative Ruling: Deny motion.A motion for preliminary injunction must show (1) a probability of prevailing on the merits,and (2) that the balance of hardships favors issuance of the injunction. (O’Connell v. SuperiorCourt (2006) 141 Cal.App.4th 1452, 1463.) However, “[t]he applicant must demonstrate a realthreat of immediate and irreparable injury.” (Triple A. Machine Shop, Inc. v. State of California(1989) 213 Cal.App.3d 131, 138.)Here, Plaintiffs will suffer harm because they will lose real property. With regard toPlaintiff’s three causes of action for fraud, a preliminary injunction is neither requested noravailable as a remedy, even if Plaintiff is likely to or in fact, succeeds on the merits of said claims.(Cal. Civil Code § 3343.) The complaint makes no request for injunctive relief in any of the threefraud causes of action. (Complaint, ¶¶ 31, 38, and 44.) “In general, if the plaintiff may be fullycompensated by the payment of damages in the event he prevails, then preliminary injunctiverelief should be denied.” (Tahoe Keys Property Owners' Assn. v. State Water Resources ControlBd. (1994) 23 Cal.App.4th 1459, 1471.) Likewise, Cal. Civil Code § 3343, which covers damagesresulting from the fraudulent sale of property, does not list injunctive relief as an available remedy.Therefore, the fraud claims must not be considered when evaluating Plaintiff’s request for apreliminary injunction.Plaintiff’s fourth cause of action for breach of duty care, honesty, good faith fair dealingand disclosure is only brought against Defendants eXp realty and Robach who are not affiliatedwith the party against whom the preliminary injunction is being sought. Thus, the fourth cause ofaction, and any conduct by eXp Realty or Robach, cannot be considered either.This leaves only Plaintiff’s fifth cause of action for violations of the unfair competition lawas defined by Cal. Business and Professions Code § 17200, et seq. (“UCL”). Business &Professions Code §17200 prohibits any business act or practice that is unlawful, unfair, orfraudulent. A cause of action for violating this statute “borrows” actionable conduct and makes itindependently actionable under the UCL. (Smith v. State Farm (2001) 93 Cal.App.4th 700, 718.)Here, Plaintiff could “borrow” the actionable conduct from the fraud allegations to support his UCLclaim. But, given the deposition testimony that is attached to Bank’s opposition, Plaintiff is notlikely to succeed on his fraud claims. Mr. Butter, who is the owner and CEO of Plaintiff, statesseveral times that he did not discuss the permit issue with Mr. Suk or anyone from Bank prior tomissing his first payment and after the loan was funded. (Declaration of Thomas Robins, ¶ 3,Exhibit 1.)Moreover, relief under the UCL requires ongoing wrongful business conduct. (CaliforniaService Station etc. Assn. v. Union Oil Co. (1991) 232 Cal.App.3d 44, 56-57.) This would requireongoing wrongful business conduct that makes the foreclosure itself wrongful. Plaintiff alleges noongoing fraudulent conduct. The complaint alleges a potential single act that impacted the sale ofthe Property. Additionally, Plaintiff admits that it had defaulted on the loan. (Declaration ofParminder Singh Butter, ¶ 10.) That alone gives Bank the right to foreclose on the Property.Therefore, it is not likely that Plaintiff will succeed in proving that he reasonably relied on anystatements made by Bank or its employees or agents to support the fraud claim against Bank.

Ruling

34-2021-00305326-CU-OR-GDS

Aug 20, 2024 |Unlimited Civil (Other Real Property (not emin...) |34-2021-00305326-CU-OR-GDS

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54Tentative RulingDefendants/Cross-Complainants James Brian Putler and Brian Pifferini’s (“Defendants”) motionfor summary judgment, or in the alternative, motion for summary adjudication, is ruled upon asfollows.Plaintiffs’ counsel is admonished for failing to comply with CRC Rule 3.1110(f)(4).The parties’ unopposed requests for judicial notice are granted for the limited scope whichjudicial notice is permitted.BackgroundThis is a boundary dispute between two neighbors. Plaintiffs/Cross-Defendants Michele andAaron Solomon (“Plaintiffs”) allege the following. In 1987, Plaintiffs purchased the real propertylocated at 2031 Maple Glen Road, Sacramento, California 95864 in the subdivision known asArden Oaks. At the time of the sale, 2031 Maple Glen was owned by the Williamses.Additionally, the Williamses also owned the adjacent property located at 2041 Maple Glen.Plaintiffs allege that the Williamses developed Arden Oaks. The two properties are divided by asplit rail fence that was installed when the properties were developed in 1950. The configurationof the fence creates an enclosed wedge-shaped area (“the Wedge”) measuring approximately1,571.11 square feet. With the current configuration, Plaintiffs have exclusive access to theWedge and have installed and maintained various improvements in the Wedge.Defendants are the current owners of 2041 Maple Glen. In 2020, Defendants notified Plaintiffsthat they had commissioned a survey that revealed that the fence was not the actual boundaryline. Defendants thus informed Plaintiffs that they intended to demolish the fence and erect anew fence along the boundary line that is consistent with their survey. The new fence woulddeprive Plaintiffs access to the Wedge.Defendants filed the instant motion for summary judgment on June 20, 2023. Plaintiffs opposedand moved for leave to file an amended complaint. The Court granted Plaintiffs’ motion, and onMarch 15, 2024, Plaintiffs filed a first amended complaint. On July 10, 2024, Defendants filed asecond amended notice of motion for summary judgment/adjudication. According toDefendants’ amended notice of motion, “Defendants are entitled to summary judgment as toPlaintiffs’ complaint because Plaintiffs are not entitled to a prescriptive easem*nt as a matter oflaw. Defendants are also entitled to summary judgment as [to] their cross-complaint becauseDefendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.”(Second Amended Notice 2:4-7.)Alternatively, Defendants argue they are entitled to summary adjudication as to the followingissues: Page 1 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54 Issue No. One - Plaintiffs’ first cause of action in their Complaint for declaratory relief fails because Plaintiffs are not entitled to a prescriptive easem*nt as a matter of law. Issue No. Two - Plaintiffs’ second cause of action in their Complaint for an injunction fails because Plaintiffs are not entitled to a prescriptive easem*nt as a matter of law. Issue No. Three – Defendants are entitled to summary adjudication as to their first cause of action to quiet title in their cross-complaint because Defendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt. Issue No. Four – Defendants are entitled to summary adjudication as to their second cause of action for declaratory relief in their cross-complaint because Defendants own a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.(Id. 2:9-18.)Since Defendants filed the instant motion on June 20, 2023, Plaintiffs have filed an amendedpleading. Accordingly, Plaintiff’s original complaint, at which the motion is directed, is nolonger operative. On this basis the motion for summary judgment as to Plaintiffs’ complaint isDENIED. The motion for summary adjudication as to issue nos. 1 and 2, also directed at claimsin Plaintiffs’ complaint, is likewise DENIED.The Court now addresses whether Defendants are entitled to summary judgment as to their cross-complaint, or in the alternative, summary adjudication as to issue nos. 3 or 4.Undisputed Material Facts [“UMF”]Defendants assert UMF nos. 1-6 in support of their motion as to issue nos. 3 and 4.Plaintiffs own the residential home at 2031 Maple Glen Road. (UMF 1.) Defendants own theresidential home at 2041 Maple Glen Road. (UMF 2.) The properties are adjacent to each otherand share a fence-line composed of “a split rail fence, a taller solid fence, brick column, and achain-link fence.” (UMF 3.) Defendants claim the fence-line is not on the legal boundary lineand encroaches on Defendants’ property. (UMF 4.) Plaintiffs dispute, arguing the fence reflectsthe legal boundary, and aerial photographs as far back as 1953 reflect the current fencing is in thesame location as the original fencing placed by the developers.Plaintiffs submit Additional Material Facts [“AMF”] nos. 1-22 in opposition.To the extent the parties’ responses to UMFs purport to assert objections to evidence, suchobjections are overruled because CRC Rule 3.1354(b) states that objections to evidence shall beset forth in a separate document and must inter alia quote or set forth the objectionable statement Page 2 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54or material.Legal StandardIn evaluating a motion for summary judgment and/or summary adjudication, the Court engagesin a three-step process.First, the Court identifies the issues framed by the pleadings. The pleadings define the scope ofthe issues on a motion for summary judgment. (FPI Dev. Inc. v. Nakashima (1991) 231Cal.App.3d 367, 381-382.) Because a motion for summary judgment is limited to the issuesraised by the pleadings (Lewis v. Chevron (2004) 119 Cal.App.4th 690, 694), all evidencesubmitted in support of or in opposition to the motion must be addressed to the claims anddefenses raised in the pleadings. The court cannot consider an unpleaded issue in ruling on amotion for summary judgment. (Roth v. Rhodes (1994) 25 Cal.App.4th 530, 541.) The papersfiled in response to a defendant’s motion for summary judgment or summary adjudication maynot create issues outside the pleadings and are not a substitute for an amendment to thepleadings. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334,1342.)Next, the Court must determine whether the moving party has met its burden. A defendantmoving for summary judgment bears the burden of persuasion that one or more elements of theplaintiff’s cause of action cannot be established, or that there is a complete defense to the causeof action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 [quoting Code Civ. Proc.,§ 437c, subd. (p)(2)].)Once the moving party has met its initial burden, the burden shifts to the opposing party to showthat a material factual issue exists as to the cause of action alleged or affirmative defenseclaimed. (Code Civ. Proc., § 437c, subd. (p); see, generally, Bush v. Parents without Partners(1993) 17 Cal.App.4th 322, 326-327.)Finally, in ruling on the motion, the Court must consider the evidence and inferences reasonablydrawn therefrom in the light most favorable to the opposing party. (Aguilar, supra, at 843.)Summary judgment is properly granted only if the moving party’s evidence establishes that thereis no issue of material fact to be tried. (Lipson v. Super. Ct. (1982) 31 Cal.3d 362, 374.)DiscussionIssues No. 3 and 4Defendants contend they are entitled to summary adjudication as to their first cause ofaction to quiet title in their cross-complaint because they own the Wedge and Plaintiffsdo not have a prescriptive easem*nt. Page 3 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54The first cause of action in the Cross-Complaint is premised on the following allegations: The area between the legal boundary and portions of a fence separating the properties forms a wedge. Fencing encloses the wedge area of the Property as though it is part of Cross-Defendants' property, thereby preventing Cross- Complainants access to that portion of their Property. On or around June 30, 2021, Cross-Complainants informed Cross-Defendants of their intent to tear down the fencing that separates their properties and erect a new fence along the legal boundary line between the properties. Cross-Defendants now contend that they have a prescriptive easem*nt over the wedge area.(Cross-Complaint ¶¶ 10-12.)A motion for summary judgment or adjudication is framed by the pleadings. Thepleadings define the scope of the issues on a motion for summary judgment or summaryadjudication. (FPI Dev. Inc., supra, at 381-382.) Because a motion for summaryjudgment or summary adjudication is limited to the issues raised by the pleadings (seeLewis, supra, at 694), all evidence submitted in support of or in opposition to the motionmust be addressed to the claims and defenses raised in the pleadings. Since Defendantsfiled the instant motion, Plaintiffs have filed an amended complaint, no longer asserting aprescriptive easem*nt theory. Because the motion for adjudication is directed at a claimthat is no longer being asserted, it must be DENIED.Similarly, Defendants contend they are entitled to summary adjudication as to theirsecond cause of action for declaratory relief in their cross-complaint because Defendantsown a fee interest in their property unencumbered by Plaintiffs’ alleged easem*nt.The second cause of action in the Cross-Complaint is premised on the followingallegations: An actual controversy has arisen and now exists between Cross-Complainants and Cross-Defendants concerning their respective rights to the wedge area of the Property. Cross-Complainants assert that Cross-Defendants have no right to the wedge area of the Property. Cross-Defendants assert that they have a prescriptive easem*nt over the wedge area of the Property.(Cross-Complaint ¶ 17.)Again, the Cross-Complaint is premised on allegations Plaintiff is no longer asserting.Accordingly, the summary adjudication is DENIED.DispositionThe motion for summary judgment/adjudication is DENIED in its entirety, without prejudice, for Page 4 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54the foregoing reasons.The Court need not rule on Defendants’ objections to evidence as they were not material to theCourt’s disposition of the motion. (Code Civ. Proc. §437c(q).)The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 orfurther 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:To 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. Page 5 of 6 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 34-2021-00305326-CU-OR-GDS: Michele Solomon vs. James Brian Putler 08/21/2024 Hearing on Motion of Summary Judgment/Adjudication in Department 54A 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 6 of 6

Document

Federal National Mortgage Association Fannie Mae A Corporation Organized And Existing Under The Laws Of The United States Of America v. Gloria Hernandez, Robinson Gonzalez

Mar 16, 2017 |John H. Rouse |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |604788/2017

Document

Nationstar Mortgage Llc v. Beth M Glennerster, Heath Glennerster, John Does And Jane Does

Jan 22, 2015 |James Hudson |Foreclosure (residential mortgage) |Foreclosure (residential mortgage) |600643/2015

Document

Reverse Mortgage Solutions, Inc. v. Marton Jansen, Secretary Of Housing And Urban Development, John Doe, Jane Doe

Mar 11, 2016 |Joseph A. Santorelli |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |603884/2016

Document

Finance Of America Reverse Llc v. Brian Joseph Dineen, As Trustee, Or His Successors In Trust, Under The Daniel J. Dineen Protection Trust, Dated May 9, 2017, United States Of America Acting On Behalf Of The Secretary Of Housing And Urban Development, New York State Department Of Taxation And Finance, United States Of American Acting On Behalf Of The Department Of Treasury - Internal Revenue Service, John Doe #1 Through John Doe #10, Said Names Being Fictitious And Unknown To Plaintiff, Intended To Be Possible Tenants Or Occupants Of The Premises, Or Corporations, Persons, Or Other Entities Having Or Claiming A Lien Upon The Mortgaged Premises

Nov 09, 2023 |FORECLOSURE CONFERENCE JUSTICE |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |628329/2023

Document

Jan 17, 2018 |James Hudson |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |600957/2018

Document

Select Portfolio Servicing, Inc. v. U.S.A. Mortgage Bankers Of America, Inc.

Oct 25, 2017 |William B Rebolini |Real Property - Other (Discharge/Satisfied Mtg.) |Real Property - Other (Discharge/Satisfied Mtg.) |621094/2017

Document

The Bank Of New York Mellon F/K/A The Bank Of New York, As Trustee For The Certificateholders Of The Cwalt, Inc., Alternative Loan Trust 2006-Oc10, Mortgage Pass-Through Certificates, Series 2006-Oc10 v. Angelina Carcione, Mortgage Electronic Registration Systems, Inc., As Mortgagee, As Nominee For Wilmington Finance, Inc., Its Successors And Assigns; Slomin'S, Inc., People Of The State Of New York, Town Supervisor Of The Town Of Brookhaven, State Of New York, Maria Rodriguez

Jun 02, 2023 |Susan B |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |613991/2023

Document

Federal National Mortgage Association (Fannie Mae), A Corporation Organized And Existing Under The Laws Of The United States Of America v. John Madden, Commissioner Of Social Services Of Suffolk County, John Doe, Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein, And Any Parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises

Mar 26, 2018 |Thomas Whelan |Real Property - Mortgage Foreclosure - Residential |Real Property - Mortgage Foreclosure - Residential |605609/2018

EXHIBIT(S) - J (Motion #002) - AFFIDAVITS OF SERVICE June 03, 2024 (2024)
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