Monica Hujazi et al v. Bank of America National Association

Filing 71

JUDGMENT ON THE PLEADINGS by Judge Otis D Wright, II: The Court, having considered moving and opposing papers and the arguments of counsel, and good cause appearing, rules as follows: East West Banks Motion for Judgment on the Pleadings is GRANTED. (See Judgment for further details) (yl)

1 2 3 4 5 6

SHULMAN BUNN LLP STEPHANIE J. SHULMAN (SBN 108556) [e-mail] RICHARD A. BUNN (SBN 114675) [e-mail] 20341 SW Birch Street, Suite 320 Newport Beach, California 92660 T: 949.679.1800 F: 949.679.1802

Attorneys for Counterclaim-Defendant 7 EAST WEST BANK
8 9 10

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Case No. CV10-00106 ODW(Ex)

11 MONICA HUJAZI; MONICA HUJAZI, 12 as Trustee of the 1999 ZUERCHER 13 14 15 16 17 18 19 20 21 22 AND ALL RELATED CROSS23 24 25

TRUST, Plaintiffs, vs. BANK OF AMERICA, N.A., Defendant.

ASSIGNED TO THE HONORABLE Judge Otis D. Wright, II and the assigned discovery Magistrate Judge Charles F. Eick JUDGMENT ON THE PLEADINGS Date: August 2, 2010 Time: 1:30 pm Courtroom: 11 Complaint filed: 01/02/2010 Cross-Complaint filed: 02/16/2010

CLAIMS AND COUNTERCLAIMS

///

26 /// 27 28 1
JUDGMENT ON THE PLEADINGS
10-0212

1 2 3 4 5 6 7 8

The Court, having considered moving and opposing papers and the arguments of counsel, and good cause appearing, rules as follows: East West Bank's Motion for Judgment on the Pleadings is GRANTED. The basis for the Court's ruling is that BofA's pleadings show that the obligation secured by BofA's deed of trust was satisfied by payment from East West and that BofA had a duty to reconvey its deed of trust on the subject property. BofA

9 made a payoff demand and received a full payoff of the 2003 First Republic Bank 10 11 12 obligated to reconvey its deed of trust on the Alexandria Property. California Civil 13 Code §§2941 and 2943. East West is entitled to judgment on the pleadings in its 14 15 16 of Action for Judicial Foreclosure on the Alexandria Property. 17 18 19 20 21 22 23 24 25 26

loan secured by a deed of trust (described below) and upon receipt of the payoff, was

favor on BofA's Second Cause of Action for Declaratory Relief and its Fourth Cause

Therefore the Court ORDERS, ADJUDGES AND DECREES THAT: 1. The Deed of Trust, Fixture Filing, Assignment of Rents, and Security Agreement dated February 12, 2003 and recorded on June 15, 2005 as Instrument Number 05 1400414 in the Official Records of Los Angeles County, California and encumbering the real property located at 16411645 Alexandria Avenue, Los Angeles, California 90027, be reconveyed by Bank of America, or its division First Republic Bank, forthwith, and

27 28 2
JUDGMENT ON THE PLEADINGS
10-0212

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2. That the Declaratory Relief Claim filed by Bank of America against East West Bank is hereby dismissed with prejudice, and 3. Judgment shall be entered in favor of East West Bank and against Bank of America. SO ORDERED.

Date: August 3, 2010

_____________________________ The Hon. Otis D. Wright II

3
JUDGMENT ON THE PLEADINGS
10-0212