Christie L Reed v. Federal National Mortgage Association et al

Filing 376

JUDGMENT by Judge Virginia A. Phillips: Pursuant to the Court's Order issued July 27, 2016, The Motion for Summary Judgment filed by Cross Claimants, Edward R. Seidner, Joyce Seidner, and James W. Redfern, Trustee of the 2002 James W. Redfern Revocable Trust ("Seidner-Redfern") on their Cross-Claims, as to Cross-Defendant CHRISTIE REED, on the Cause of Action for Unjust Enrichment, the Court found that Seidner-Redfern met their burden of proving each of the elements requied fo r entry of judgment for unjust enrichment, and therefore the Motion for Summary Judgment was granted and, THE COURT ENTERS JUDGMENT AS FOLLOWS: Judgment is entered in favor of Cross Claimants, Seidner-Redfern and against Cross-Defendant CHRISTIE REED, in the amount of $196,073.91. (see document for further details) (bm)

1

FILED
CLERK, U.S. DISTRIeT COURT

2

2 0 2016

3
4

RICT OF CAUFORNl~
DEPEfY`(

5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE CENTRAL DISTRICT OF CALIFORNIA
ED

10
11

CHRISTIE L. REED,

)Case No.: 13-CV-940-VAP(SPx)

Plaintiff,

12

)Hon. Judge Virginia A.Phillips
Department 2

13

vs.

14

)[p

]
,TUDGMENT

15

FEDERAL NATIONAL MORTGAGE ~
ASSOCIATION,et al.
~
17

16

Defendants)

18

~

19
2
0
21

AND RELATED CROSS-CLAIMS
AND COUNTER-CLAIMS

22
23

The Court, having ruled upon multiple motions related to the Complaint and the

2
4

Cross-Claims and Counter-Claims on file herein, enters judgment in this matter as

25
26

/
//

27

/
//

28
1

[
PROPOSED]JUDGMENT

1
2
3

I.

The Complaint of Plaintiff, Christie Reed.

Pursuant to Orders issued by the Court on November 5, 201.3 and July 27, 2016,
IT IS ORDERED AND ADJUDGED that Plaintiff, Christie Reed's, Complaint is

4 I I DISMISSED WITH PREJUDICE.
5

II.

6
7

The Counter-Claim of Christie Reed Against Edward R. Seidner, Jovice
Seidner, and James W. Redfern, Trustee of the 2002 James W. Redfern
Revocable Trust Edward R. Seidner, Jovice Seidner, and James W.
Redfern, Trustee of the 2002 James W.Redfern Revocable Trust.

8

10

Pursuant to the Court's Order issued August 24, 2015, the Amended Counterclaim
of Christie Reed against Edward R. Seidner, Joyce Seidner, and James W. Redfern,

11

Trustee

9

of

the

2002

James

W.

Redfern

Revocable

Trust

12 (
hereinafter "Seidner-Redfern"),
13

IT IS ORDERED AND ADJUDGED that Reed's
Amended Counterclaim is DISMISSED WITH PREJUDICE and Judgment is entered in

14

f
avor of Seidner-Redfern on Reed's Counter-Claim.

15

III.

16

The Motion for Summary Judgment filed 6v Counter-Claimant/CrossClaimant, Federal National Mortgage Association.

17

Pursuant to the Court's Order issued December 5, 2014, The Motion for Summary

18

Judgment

19

MORTGAGE ASSOCIATION (hereinafter referred to as "Fannie Mae") on its Counter-

20

Claims and Cross-Claims, as to Counter-Defendants CHRISTIE REED ("REED"), and
Cross-Defendant, EVERETT X. CABRERA("CABRERA"), on the Causes of Action for

21

filed

by

Counter-Claimant/Cross-Claimant, FEDERAL

NATIONAL

Cancellation of Instrument, Quiet Title, and Permanent Injunction, THE COURT
23 ENTERS JUDGMENT AS FOLLOWS:
2
2

2
4

The Court concluded that Fannie Mae had met its burden of proving each of the ~
__ 25 _elements_re~cuired far entry ofjudgment.for cancellation _of instruments, quiet_ttle,_ and
2
6

injunctive relief, and therefore the Motion for Summary Judgment was GRANTED, and

27

Judgment is now entered in favor of Plaintiff, Fannie Mae and against REED and

28
2

PROPOSED]JUDGMENT
[

1

CABRERA, and all parties claiming any right, title, or interest in the real property
2 through Defendants REED and CABRERA,as follows:
3

1.

724 Winn Drive, Upland, CA 15377

4

a The Court hereby declares and adjudges that Fannie Mae is the true and
.

5

lawful owner of the real property commonly known as 724 Winn Drive,

6

Upland, CA (the "Winn Drive Property") and legally described as:

7
8
9
10

Lot 207 of Tract No. 3478, as per Map recorded in Book 48 Pages
51-52 inclusive, of Miscellaneous Maps, in the Office of the
County of said County.
Assessor's Paxcel No.: 1046-313-14-0-000.

11
12

to the exclusion of any purported interest claimed by REED;

14

b. The Court hereby further declares and decrees that the Grant Deed
recorded on November 16, 2011, as Instrument Number 2011-0489832 in

15

the official records of the San Bernardino County Recorder's Office is

16

VOID, ab initio, and does not alter title as established by the Trustees

17

Deed Upon Sale recorded in the Official Records of San Bernardino

18

County on February 7, 2011, as Instrument Number 201 1-0054064 in the

l9

Official Records of San Bernardino County

13

20

c. The Court hereby further declares and decrees that the Grant Deed

21

recorded on November 23, 2011, as Instrument Number 2011-0502011 in

22

the official records of the San Bernardino County Recorder's Office is

24

VOID, ab initio, and does not alter title as established by the Trustees
Deed Upon Sale recorded in the Official Records of San Bernardino

25

County on February 7, 2011, as Instrument Number 201 1-0054064 in the

23

Official Records of San Bernardino County;
27

d. Court hereby further declares and decrees that the Deed of Trust

28

recorded on January 12, 2012, as Document No. 2012-0012849 in the
3
[
PROPOSED]JUDGMENT

# ----

1

official records of the San Bernardino County Recorder's Office is

2

VOID, ab initio, and does not alter title as established by the Trustees

3

Deed Upon Sale recorded in the Official Records of San Bernardino

4

County on February 7, 2011, as Instrument Number 2011-0054064 in the

5

Official Records of San Bernardino County;

6

e. The Court hereby declares and decrees that the Grant Deed described in

7

paragraph III. 1. b, is VOID, ab initio, and is ordered cancelled and

8

expunged from the Official Records ofthe County of San Bernardino and

9
10

shall not impart constructive notice of its contents or in any manner
impact title to the Subject Property;

11

f The Court hereby declares and decrees that the Deed of Trust described
.

12

in paragraph III. 1. c., is VOID, ab initio, and is ordered cancelled and

13

expunged from the Official Records ofthe County of San Bernardino and

14

shall not impart constructive notice of its contents or in any manner

15

impact title to the Subject Property;

16

g. The Court hereby declares and decrees that the Fannie Mae shall have,

17

and does have, judgment in its favor for its claims of quiet title to the

18

subject property located at 724 Winn Drive, Upland, California, as

19

against Counter-Defendant, REED, and any other parties claiming to

2
0

have gained title to the Property by and through REED;

21

h. The Court further declares and decrees that Counter-Defendant REED is

22

ENJOINED from recording any further documents against the title to the

23

Winn Drive Property and from any further unauthorized use of Fannie

24

Mae's name.
_ _ _ ___ 2.___ 1.0633 Budlong_Aye., Los Angeles,.CA 90044,_ __ _ _ ___ __ _ __ __ _ _

2
6

_._

a. The Court concluded that Fannie Mae had met its burden of proving each

27

ofthe elements required for entry ofjudgment for cancellation of

28

instruments, quiet title, and injunctive relief, and therefore the Motion for
4
[
PROPOSED]JUDGMENT

1

Summary Judgment was GRANTED,and Judgment is now entered in

2

f
avor ofPlaintiff, Fannie Mae and against REED and CABRERA,and all

3

parties claiming any right, title, or interest in the real property at 10633

4

Budlong Ave., Los Angeles, CA 90044, through REED and CABRERA

5

as follows:
b. The Court hereby declares and adjudges that Fannie Mae is the true and

6
7

lawful owner ofthe real property commonly known as 10633 Budlong

8

Ave., Los Angeles, CA 90044(the "Budlong Property") and legally

9

described as:

10

12

Lot 179, Original Sunnyside, as shown on Map filed in Book 7 of Maps,
pages) 171 in the Office ofthe County Recorder of Los Angeles County.
APN: 6060-014-008

13

to the exclusion of any purported interest claimed by REED and

11

. ~. ..

14

c The Court hereby further declares and decrees that the Grant Deed
.

15
16

recorded on February 10, 2012, as Instrument Number 2012-0235356 in

17

the official records ofthe Los Angeles County Recorder's Office is

18

VOID, ab initio, and does not alter title as established by the Trustees

19

Deed Upon Sale recorded in the Official Records ofLos Angeles County

2
0

on October 4, 2011, as Instrument Number 2011-1346910;
d. The Court hereby further declares and decrees that the Grant Deed

21
22

recorded on February 15, 2012, as Instrument Number 2012-0255437 in

23

the official records ofthe Los Angeles County Recorder's Office is

24

VOID, ab initio, and does not alter title as established by the Trustees

- -- 25

_ - ----

Deed Upon Sale recorded in the Official Records of Los Angeles County
on October 4, 2011, as Instrument Number 2011-1346910;

26
27

///

28

///

[
PROPOSED]JUDGMENT

1

e. The Court hereby further declares and decrees that the Deed of Trust

2

recorded on March 20, 2012, as Document No. 2012-0432270 in the

3

Official Records of Los Angeles County Recorder's Office is VOID, ab

4

initio, and does not alter title as established by the Trustees Deed Upon

5

Sale recorded in the Official Records of Los Angeles County on October

6

4, 2011, as Instrument Number 2011-1346910;

7

f. The Court hereby further declares and decrees that the Grant Deed

8

recorded on March 20, 2012, as Instrument Number 2012-0432271 in the

9

Official Records ofthe Los Angeles County Recorder's Office is VOID,

10

ab initio, and does not alter title as established by the Trustees Deed Upon

11

Sale recorded in the Official Records of Los Angeles County on October

12

4, 2011, as Instrument Number 2011-1346910;

13

g. The Court hereby declares and decrees that the Grant Deed described in

14

paragraph III.2.c., is VOID, ab initio, and is ordered cancelled and

15

expunged from the Official Records ofthe County ofLos Angeles and

16

shall not impart constructive notice of its contents or in any manner

17

impact title to the Subject Property;

18

h. The Court hereby declares and decrees that the Grant Deed described in

19

paragraph III.2.d., is VOID, ab initio, and is ordered cancelled and

20

expunged from the Official Records ofthe County ofLos Angeles and

21

shall not impart constructive notice ofits contents or in any manner

22

impact title to the Subject Property;

23
24

i. The Court hereby declares and decrees that the Deed of Trust described in
paragraph III.2.e., is VOID,ab initio, and is ordered cancelled and

_. 25_ _ _ _. ____ __ _____ expunged from.the Official Records _ofthe County_of Los Angeles- and.---26

shall not impart constructive notice of its contents or in any manner

27

impact title to the Subject Property;

28
6

[
PROPOSED]JUDGMENT

1

j. The Court hereby declares and decrees that the Grant Deed described in

2

paragraph III.2.f., is VOID,ab initio, and is ordered cancelled and

3

expunged from the Official Records ofthe County ofLos Angeles and

4

shall not impart constructive notice ofits contents or in any manner

5

impact title to the Subject Property;

6

k. The Court hereby declares and decrees that the Fannie Mae shall have

7

judgment in its favor for its claims of quiet title to the subject property

8

located at 10633 Budlong Ave., Los Angeles, CA 90044, as against

9

Counter-Defendant CHRISTIE REED and Cross-Defendant EVERETT

l0

X. CABRER.A;
1. The Court further declares and decrees that Counter-Defendant

11
12

CHRISTIE REED and Cross-Defendant EVERETT X. CABRER.A are

13

ENJOINED from recording any further documents against the title to the

14

Budlong Property and from any further unauthorized use ofFannie Mae's

l5

name.

16

IV.

17

Pursuant to the Court's Order issued December 5> 2014> the Motion for Default

18

Judgment of Fannie Mae as to Counter-Defendants CUSTOMIZED AUTO CREDIT

19

SERVICES, INC., GLOBAL FS, INC. and NEW PLAINS FINANCIAL on the Causes

20

of Action for Cancellation of Instrument, Quiet Title, and Permanent Injunction, TTY

21

COURT ENTERS JUDGMENT AS FOLLOWS:

Fannie Mae's Motion for Default JudEment on its Counter-Claims.

22
23

elements required for entry of default judgment for cancellation of instruments, quiet

24
-_

The Court concluded that Fannie Mae had met its burden of proving each of the
title, and injunctive relief, and therefore the Motion for Default Judgment was

25

GRAN_.TED,_and Judgment_is_no_w entered-infavor- of_Counter-Clamant/Cross-Claimant,

2
6

Fannie Mae and against Counter-Defendants CUSTOMIZED AUTO CREDIT

27 ~ SERVICES, INC., GLOBAL FS, INC. and NEW PLAINS FINANCIAL, and all parties
28

claiming any right, title, or interest in the real property at 10633 Budlong Ave., Los
7

[
PROPOSED]JUDGMENT

1

Angeles, CA 90044, through Counter-Defendants CUSTOMIZED AUTO CREDIT
2 SERVICES,INC., GLOBAL FS,INC. and NEW PLAINS FINANCIAL (collectively the
3 "Defaulted Budlong Defendants"), and enters judgment as follows:
4

a. The Court hereby declares and adjudges that Fannie Mae is the true and

5

lawful owner ofthe real property commonly known as 10633 Budlong

6

Ave., Los Angeles, CA 90044(the "Budlong Property") and legally

7

described as:

g
9

Lot 179, Original Sunnyside, as shown on Map filed in Book 7 of
Maps, pages) 171 in the Office of the County Recorder of Los
Angeles County.
APN: 6060-014-008

l0
11

To the exclusion of any purported interest claimed by the Defaulted
Budlong Defendants;

12
13

b. The Abstract of Judgment recorded on December 23, 2003 by BMW

14

Credit Corporation (successor in-interest to CUSTOMIZED AUTO

15

CREDIT SERVICES, INC.) as Instrument No. 93-3857113, in the

16

Official Records of Los Angeles County, does not attach to the

1~

Budlong Property;

1g
19

c. The Court hereby further declares and decrees that the Deed ofTrust

20
21

Official Records ofLos Angeles County Recorder's Office is VOID,

recorded on January 12, 2012, as Document No. 2012-0432270 in the
ab initio, and does not alter title as established by the Trustees Deed

22

Upon Sale recorded in the Official Records of Los Angeles County on

23

October 4, 2011, as Instrument Number 2011-1346910;

24
-2
~
2
6
27

d. The Court hereby further declares and decrees that the Grant Deed
--

-recorded on-March 2U~ 2012,-as Instrument Number 201- 3- 271 in
2-04- 2
the official records of the Los Angeles County Recorder's Office is
VOID,ab initio, and does not alter title as established by the Trustees

28
8

[
PROPOSED]JUDGMENT

1

Deed Upon Sale recorded in the Official Records ofLos Angeles

2

County on October 4,2011, as Instrument Number 2011-1346910;

3

e. The Court hereby declares and decrees that the Deed of Trust

4

described in paragraph IV.c., is VOID,ab initio, and is ordered

5

cancelled and expunged from the Official Records ofthe County of

6

Los Angeles and shall not impart constructive notice ofits contents or

7

in any manner impact title to the Subject Property;

8

f The Court hereby declares and decrees that the Grant Deed described
.

9

in paragraph IV.d., is VOID, ab initio, and is ordered cancelled and

to

expunged from the Official Records ofthe County ofLos Angeles and

11

shall not impart constructive notice ofits contents or in any manner

12

impact title to the Subject Property

13

g. The Court hereby declares and decrees that the Fannie Mae shall have

14

judgment in its favor for its claims of quiet title to the subject property

15

located at 10633 Budlong Ave.,Los Angeles, CA 90044, as against

16

CUSTOMIZED AUTO CREDIT SERVICES,INC., GLOBAL FS,

17

INC. and NEW PLAINS FINANCIAL;

18
19

V
.

Seidner-Redfern's Motion for Summary Judgment on its Cross-Claims
and Counter-Claims.

20

Pursuant to the Court's Order issued July 27, 2016, The Motion for Summary

21

Judgment filed by Cross Claimants, Edward R. Seidner, Joyce Seidner, and James W.

22 Redfern, Trustee ofthe 2002 James W. Redfern Revocable Trust ("Seidner-Redfern") on
23

their Cross-Claims, as to Cross-Defendant CHRISTIE REED,on the Cause of Action for

24

Unjust Enrichment, the Court found that Seidner-Redfern met their burden of proving

_25

eaclLof the_element~requi~ed for_entr_y.ofjudgmen-t-for unjust enrichment, and Cher-efore

26 the Motion for Summary Judgment was granted and, THE COURT ENTERS
27

JUDGMENT AS FOLLOWS:

28
9
[
PROPOSED]JUDGMENT

Judgment is entered in favor of Cross Claimants, Seidner-Redfern and against
2 Cross-Defendant CHRISTIE REED,in the amount of$196,073.91.
1

3
4
5
6
7
8
9

Dated:

JL ~ ~` _ .
I
v-~

~ ~~

VI
A A PHILLIPS
J G OF TIC UNITED STATES DISTRICT
COURT CENTRAL DISTRICT OF
CALIFORrIIA

10
1]
12
13
14
15
16
17
18
19
2
0
21
22
23
24
25

26
27
28
10

[
PROPOSED]JUDGMENT