Canyon View Limited v. JPMorgan Chase Bank, National Association, et al

Filing 36

JUDGMENT PURSUANT TO STIPULATION 34 by Judge S. James Otero: Judgment is entered in favor of plaintiffs Canyon View Limited against and against defendants California Reconveyance Company, JPMorgan Chase Bank, N.A. on the Complaints claims for (1) quiet title, (2) declaratory relief, and (3) removal of cloud on title. (SEE DOCUMENT FOR DETAILS AS TO SPECIFIC PROPERTIES AND INSTRUMENT NUMBERS AND INSTRUCTIONS RE CANCELLING OF DOCUMENTS RECORDED BY DEFENDANTS AND OR MERS AGAINST SAID PROPE RTIES AND DEADLINES THERETO). Judgment is hereby entered for compensatory damages in the sum of $100.00 for Plaintiff and against Defendants. Defendants shall pay this sum, plus any attorneys fees and costs that may be awarded to Plaintiff by the Courts Order to be made on Plaintiffs Fee Motion to be filed after entry of the Judgment (MD JS-6, Case Terminated). (lc)

1 THOMAS M. NORMINTON, SBN 57910
JS-6
KATHLEEN DORITY FUSTER, SBN 119685
2 NORMINTON, WIITA & FUSTER
A Professional Corporation
3 433 No. Camden Drive, Suite 770
April 5, 2017
Beverly Hills, California 90210-4416
4 Telephone: [phone]
VC
P
Facsimile: [phone]
[e-mail]
5
6 Attorneys for Plaintiff
CANYON VIEW LIMITED, d/b/a CANYON VIEW ESTATES
7 BRYANT S. DELGADILLO (CA Bar No. 208361)
8 [e-mail] (CA Bar No. 283230)
RAFAEL GARCIA-SALGADO
9 [e-mail]
PARKER IBRAHIM & BERG LLC
10 695 Town Center Drive, 16th Floor
Costa Mesa, California 92626
11 Telephone: [phone]
Facsimile: [phone]
12 Attorneys for Defendants
13 JPMORGAN CHASE BANK, N.A. (sued as
JPMORGAN CHASE BANK, NATIONAL
14 ASSOCIATION CO.) and CALIFORNIA
RECONVEYANCE COMPANY
15
UNITED STATES DISTRICT COURT
16
CENTRAL DISTRICT OF CALIFORNIA
17
VIEW LIMITED,
Case No. 2:16-cv-07233-SJO-AS
18 CANYON VIEW ESTATES, d/b/a
CANYON
a limited
JUDGMENT PURSUANT TO
19 partnership,
STIPULATION
Plaintiff,
20
v.
21 JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION CO., a
22 corporation; CALIFORNIA
Trial Date:
April 25, 2017
Hearing Time: 9:00 a.m.
RECONVEYANCE COMPANY, a
23 corporation; ALL PERSONS
The Honorable S. James Otero
UNKNOWN, CLAIMING ANY
24 LEGAL OR EQUITABLE RIGHT,
TITLE, ESTATE, LIEN OR INTEREST Action removed: September 26, 2016
25 IN THE PROPERTY ADVERSE TO
PLAINTIFF’S TITLE, OR ANY
26 CLOUD ON PLAINTIFF’S TITLE TO
SUCH PROPERTY; and DOES 1
27 through 20, inclusive,
28

Defendants.
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Case No. 2:16-cv-07233

[PROPOSED] JUDGMENT PURSUANT TO STIPULATION

1

It appearing to the Court that Plaintiff Canyon View Limited (“Plaintiff”) and

2 defendants JPMorgan Chase Bank, National Association, a/k/a JPMorgan Chase
3 N.A. (“Chase”) and California Reconveyance Company (“CRC”) (both Chase and
4 CRC, collectively, “Defendants”) having entered into a Stipulation For Judgment in
5 Plaintiff’s favor on the First Amended Complaint (“Complaint”) alleging against
6 Defendants, as well as defendants named as “all persons unknown claiming any legal
7 or equitable right, title, estate, lien or interest in the property adverse to Plaintiff’s
8 title, or any cloud on Plaintiff’s title to such Property” (the “Unknown Persons”),
9 claims for (1) quiet title under Cal. Civil Procedure Code § 760.010, (2) declaratory
10 relief under Cal. Civil Procedure Code § 1060 and Cal. Civil Code § 798.61 of the
11 Mobilehome Residency Law (“MRL”), and (3) removal of cloud on title pursuant to
12 Cal. Civil Code § 3412, and the Court having entered its Order On Stipulation For
13 Judgment, the Court now enters the following Judgment in this matter:
14

NOW, THEREFORE, IT IS ADJUDGED, ORDERED AND DECREED that:

15

1.

Judgment is entered in Plaintiff’s favor and against Defendants on the

16 Complaint’s claims for (1) quiet title, (2) declaratory relief, and (3) removal of cloud
17 on title.
18

2.

The Court declares that since the date Plaintiff purchased the

19 manufactured home permanently-installed on Lot 101 in Canyon View Estates
20 bearing Serial No. CA-HK-01-27-1799D-99-7390 A/B and Insignia No. RAD21 1171594/5 (the “Home”) on or about January 22, 2013 at the court-ordered sale in
22 accordance with Cal. Civil Code § 798.61(e)(4) of the Cal. Mobilehome Residency
23 Law, Cal. Civ. Code §§798.1 et seq. (“MRL”), Plaintiff has held, and continues to
24 hold, title to the Home in fee, free of any prior interest.
25

3.

The Court declares that Defendants and the Unknown Persons have no

26 right, title, estate, lien or any interest whatsoever in, to or concerning the Home or the
27 lease (“Lease”) for Lot 101 in Canyon View Estates, commonly described as
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Case No. 2:16-cv-07233

[PROPOSED] JUDGMENT PURSUANT TO STIPULATION

1 27801 Blue Sky Lane, Santa Clarita, CA 91351 (both, the Home and Lease together,
2 the “Property”).
3

4.

Title in fee to the Property, free of any prior interest by Defendants and

4 the Unknown Parties is hereby quieted in Plaintiff. The description of the Property,
5 the title to which is being quieted by this Judgment, is Lot 101, APN No. 8951-9276 101, 27801 Blue Sky Lane, Santa Clarita, CA 91351, and the Home affixed to it,
7 bearing Serial No. CA-HK-01-27-1799D-99-7390 A/B and Insignia No. RAD8 1171594/5, and further legally described as follows:
“THAT PORTION OF SECTIONS 17 AND 18,
TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF SANTA
CLARITA, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
OF SAID LAND FILED IN THE DISTRICT LAND
OFFICE, MARCH 28, 1877, AND SHOWN AS LOT 101
ON THE MAP FILED IN THE DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT OF
THE STATE OF CALIFORNIA, A COPY OF SAID
BEING ATTACHED AS EXHIBITS “A” AND “B” TO
DOCUMENT RECORDED JANUARY 29, 1991 AS
INSTRUMENT NO. 91-128789.”

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5.

The following documents recorded by Defendants and/or MERS against

17 the Property in the public title records in the Los Angeles County Recorder’s Office
18 are hereby ordered cancelled:
(a)

the April 19, 2013 Notice of Trustee’s Sale, Instrument No.

20 20130588905;
(b)
21

the July 18, 2013 “California Assignment of Deed of Trust,”

19

22 Instrument No. 20131059061; and
(c) the October 15, 2013 Notice of Rescission of the Notice of
23
24 Trustee’s Sale, as Instrument No. 20131474024 (all three, the “Recorded
25 Documents”).
26

6.

Within 20 days of the date of entry of this Judgment, Defendants shall

27 cause to be recorded in the public title records in the Los Angeles County Recorder’s
28 Office a certified copy of this Judgment cancelling the Recorded Documents, and
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Case No. 2:16-cv-07233

[PROPOSED] JUDGMENT PURSUANT TO STIPULATION

1 shall deliver to Plaintiff’s counsel a copy of the Judgment marked with its recording
2 instrument number.
3

7.

Plaintiff has the right to file a motion (“Plaintiff’s Fee Motion”) for an

4 award of its attorney’s fees and costs pursuant to Cal. Civil Code § 798.85 (“Section
5 798.85”) with the Court. Defendants will have the right to oppose Plaintiff’s Fee
6 Motion only on the grounds that: (a) Plaintiff is not entitled to fees or costs under
7 Section 798.85 because it is Defendants’ position that Section 798.85 is inapplicable
8 here as this action does not arise out of the MRL, (b) the attorney’s fees sought in the
9 Plaintiff’s Fee Motion are not reasonable, and/or (c) to address a specific legal point
10 raised in Plaintiff’s Fee Motion.
11

8.

Plaintiff has the right to bring the Plaintiff’s Fee Motion, including the

12 portion requesting costs, without also filing a costs application pursuant to Federal
13 Rules of Civil Procedure, Rule 54 (“Rule 54”). As part of this stipulated Judgment,
14 Plaintiff agrees to forego bringing a costs application under Rule 54 and Defendants
15 agree they will not object to Plaintiff’s Fee Motion, including the portion requesting
16 costs, on the grounds that, in order to bring Plaintiff’s Fee Motion, Plaintiff had to
17 also file a costs application under Rule 54.
18

9.

Nothing in the Stipulation For Judgment, this Judgment, or in the

19 resolution of this matter without trial, deprives Plaintiff of its right to seek and
20 recover its reasonable attorney’s fees and costs pursuant to Plaintiff’s Fee Motion
21 after this Judgment is entered.
22

10.

Judgment is hereby entered for compensatory damages in the sum of

23 $100.00 for Plaintiff and against Defendants. Defendants shall pay this sum, plus any
24 attorney’s fees and costs that may be awarded to Plaintiff by the Court’s Order to be
25 made on Plaintiff’s Fee Motion to be filed after entry of the Judgment, by check
26 made payable to Plaintiff, sent by mail to Plaintiff’s counsel addressed: “Canyon
27 View Limited, c/o Norminton, Wiita & Fuster, 433 No. Camden Dr., Suite 770,
28 Beverly Hills, CA, 90210.”
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Case No. 2:16-cv-07233

[PROPOSED] JUDGMENT PURSUANT TO STIPULATION

1

IT IS FURTHER ADJUDGED, ORDERED AND DECREED that the Court

2 retains jurisdiction of this cause until the terms of this Judgment have been fully
3 complied with or until further order of the Court.
4
5 DATED: ______April 5, 2017
THE HONORABLE S. JAMES OTERO
United States District Court Judge
Presiding

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TMN.229.125/114221:ssb

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Case No. 2:16-cv-07233

[PROPOSED] JUDGMENT PURSUANT TO STIPULATION