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NOTICE ABOUT THE RESIDENTIAL STATE OF CONNECTICUTFORECLOSURE PROCESS JUDICIAL BRANCH foYD-CV-103 Rev. 2-24C.G.S. §§ 49-341, 49-317 SUPERIOR COURT www.jud,ct.gov Mu For information on ADA accommodations, contact the Centralized ADA Office at 860-706-5310 ‘or go to: www.jud.ct. gov/ADA) YOU ARE BEING SUED AND YOU ARE IN DANGER OF LOSING YOUR PROPERTY The State of Connecticut Superior Court requires that this notice be sent to you about the residential foreclosure process. This is not legal advice, Please read it carefully. It is important for you to learn about your options in foreclosure. There are government agencies, legal aid programs, and other non-profit organizations that you may call for information about foreclosure. To protect your rights, you should speak to an attorney or go to the Foreclosure Clerk, Foreclosure Mediation Caseflow Coordinator or Court Service Center in the Court where your case was filed for information on what to do next. If you do not take action, you could lose your property. File an Appearance (form JD-CL-12) at the Court where your case is pending. If you do not file an Appearance with the Court, you will not get important notices about your case AND the Court may make a decision (enter a default judgment) against you. You should also work with your lender or other person bringing this lawsuit or, if this foreclosure involves your home, contact a HUD-certified housing counselor during this process. If this foreclosure Involves your home, you may be eligible for the Foreclosure Mediation Program. Information about the program is attached to these papers and is also available at any Superior Court Judicial District courthouse or on the court's website at www jud.ct.gov/foreclosure, To locate assistance near you, you may call the Connecticut Housing Finance Authority's call center toll free at 1-877-571-2432. Customer Service Representatives are available Monda ly through Friday from 9:00 a.m. to 5:00 p.m. You may also call 2-1-1 for other help. PROCEED WITH CAUTION You may be contacted by people offering to help you avoid foreclosure. Please follow these precautions: 1. Get legal advice before entering into any deal involving your house. 2. Get legal advice before paying any money to anyone offering to help you avoid foreclosure. 3. Do not sign any papers you do not understand. READ THE PAPERS UNDER THIS NOTICE&FORECLOSURE MEDIATIONNOTICE TO HOMEOWNER OR STATE OF CONNECTICUTRELIGIOUS ORGANIZATION SUPERIOR COURT For cases with a Return Date of JUDICIAL BRANCH10/1/2011 or tater) www,jud.ct. govJD-CV-127 Rev, 7-15C.G.S. §§ 49-31), 49-34k; PA 18-124 FMNORMR ADA NOTICE The Judiciat Branch of the State of Connecticut complies with the LET Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gow/ADA.Notice to Homeowner or Religious Organization:Availability of Foreclosure Mediation You have been served with a foreclosure complaint that could cause you to lose your property. A Foreclosure Mediation Program has been set up to help certain homeowners and lige organizations. You must fill out the attached Foreclosure Mediation Certificate form, JD-CV-108 and Appearance form, JD-CL-12 and file them with the Court no later than 15 days from the Return Date on the Summons form that was served on you (or delivered to you). If these forms are not attached, you may get them at any Judicial District courthouse or from the Judicial Branch website at www.jud.ct.gov/webforms. A mediation may be scheduled if: ‘4. You are the owner-occupant of a 1, 2, 3 or 4 family residential property; and * you are a borrower or a spouse or former spouse of a borrower who qualifies as a Permitted Successor-in-Interest (see Foreclosure Mediation Certificate, form JD-CV-108, to determine if you qualify as a Permitted Successor-in-Interest); and @ the mortgage on your owner-occupied residential property is being foreclosed; and e the property being foreclosed is your primary. residence; and e the property is located in Connecticut; or 2, the property is owned by a religious organization that is the borrower, and is located in Connecticut. 3. If you are eligible based on the above criteria, you will first meet with a mediator who will determine if mediation with your lender or mortgage servicer will be scheduled. Mediation is where a person who does not take sides helps parties try to settle their case. Judicial Branch mediators will conduct mediation sessions at the courthouse. There is no application fee for this program.MEDIATION INFORMATION FORM(For cases with a Return Date of 10/1/13 or later) STATE OF CONNECTICUT SUPERIOR C OURT BJD-OV-435 Rev. 9-49 wn jurd.ct.gavC.GS.§ 4931 ADA NOTICE The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). if you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at wwnwjud.ct. gov/ADA.The Court's Foreclosure Mediation Program is set up to help eligible homeowners and their lenders or mortgageservicers see whether they can reach a fair and voluntary agreement under the supervision of a neutral mediatoremployed by the Court. The program addresses all aspects of the foreclosure including any assistance optionsthat may be available through the lender or mortgage servicer to help homeowners 1) keep their homes, or2) gracefully exit from their homes by way of a short sale, deed-in-lieu of foreclosure, or negotiated sale date orlaw day.The cbjectives of the mediation program are:1, To determine whether the parties can reach an agreement that may allow the parties to either: a. Stop the foreclosure by using programs available through the lender or mortgage servicer; or b. Go forward with the foreclosure in a way that is acceptable to the homeowner and the lender or mortgage servicer.2. To reach some agreement with reasonable speed and efficiency, with both parties participating in the mediation process in good faith, without unreasonable and unnecessary delaysWhat you must do1. Fill out the Appearance form and Foreclosure Mediation Certificate. These forms’are included in this packet. You must file them with the court no later than 15 days after the return date. The return date is printed on the upper right part of the Summons form in this packet. You do not have to come to court on the return date. The court cannot notify you of the date and time you must come for your first premediation meeting until you file these forms. Mail a copy of the Appearance form and the Foreclosure Mediation Certificate to the Plaintiff's attorney at the address of the attorney or !aw firm on the Summons form, and to any other party who has filed an appearance in your case, Start gathering documentation so that you will be prepared to meet with your mediator. Lenders typically tequest copies of the following documents: Proof of Income + Wage/Salary Income — Pay stubs covering the last 30 days. + Self-Employment Income — Profit & Loss statement for the most recent quarter or year to date, signed and dated * Benefit Income — Most recent award letter (social security, disability, food stamps, pension, public assistance, adoption assistance). + Rental Income — All leases with signatures + Alimony/Child Support — If you rely on this income to pay your mortgage, court order showing the amount of alimony and/or child support that you receive. + Contribution Income— Contribution letters from all non-borrowers who are re lated to you and live with you, signed and dated by them, and proof of their income. + Federal Tax Returns — Personal returns with all schedules for the last 2 years; copies of business returns, if applicable; copies of IRS tax filing extensions, if applicable. + Bank Statements — Persona! bank statements for the last 2 months and business bank statements for the last 4 months if self-employed. Must include all pages, bank logo, and account holder's information. Other Information * Most recent utility bill (gas, electric, or water) * Most recent real estate property tax bill + Evidence of amount of homeowner's association dues/condominium fees, and whether current or delinquent. Page 1 of 2+ Homeowners’ insurance declaration page. y a from making your + Hardship letter — A letter, signed and dated by all borrowers, explaining what prevented mortgage payment, and indicating if the hardship is resolved. packet of forms, their list of4. Within 35 days from the return date, your lender or mortgage servicer will mail you a required documentation, and other infor ‘mation about your loan or your property. A copy will also be sent to your l documents on mediator. Upon receipt of this packet, complete the forms provided, gather any additiona the list, and bring the completed forms, and other documents to your sch eduled premediation meeting with your mediator. You can read more about this meeting in the next section below. Do not mail the completed forms and documents to the court.The Mediation Process two stages:If your return-date Is October 1, 2013 or later, the Foreclosure Mediation Program will consist of your financial + Premediation — During this stage, you will meet one-on-one with a mediator to review forms and information and to discuss possible options. If necessary, the mediator will help you complete servicer. The mediator may also refer you to other gather the documents required by your lender or mortgage housing counseling agencies listed on the attached Notice of resources that can help you, such as the Community: Based Resources. You may have one or more meetings with the mediator, but premediati on will end approximately 12 wee! ks from the return date on your Summons. At the conclusion of premediation, the or its attorney, mediator will ensure that your documentation is delivered to your lender or mortgage servicer servicer will be scheduled. If the mediator and will determine whether mediation with your lender or mortgage determines that mediation will not be scheduled, mediation will terminate. If mediation has been terminated,have you may ask the Court to be included in mediation if you think the mediator has made a mistake or if you had a change in circ*mstances. Ifthe mediator determines that mediation will be scheduled, you will receive notice of the date and time of your me diation in the mail. The first mediation will be scheduled no later than 5 or its weeks from the date your forms and documentation are delivered to your lender or mortgage servicer, attorney. . Mediation — If mediation i s scheduled, you will meet with a mediator and a representative of the lender or mortgage servicer and its attorney to review any assistance options that may be available to you through your lender or mortgage servicer. Depending on your situation, you may be asked to submit additional documentation as part of the mediation process. By law, the representative is permitted to participate in mediation by phone as long as the representative is knowledgeable about your case and the types of assistance that may be available to you. If you are represented b yy an attorney, your attorney may appear for you after the first mediation as long as you are available to partici pate by phone. If you do not have an attorney and if there are 2 or more self-represented borrowers, th en after the first mediation session, it is likely that only one of you will need to come to mediation if the other(s) are available to participate by phone. Other information you should know: The information you provide during the mediation process will be treated as confidential and will not be shared oyed without your consent with anyone except your lender or mortgage servicer, its attorneys, and a court-empl re Mediation Program. * mediator with the Foreclosu Before your premediation meeting( ‘s) with the mediator, if you need help completing forms, gathering documents, attached Notice or preparing for mediation, you may conta ct one of the housing counseling agencies listed on the of Community-Based Resources (form JD-CV-126). However, if you are ni ot able to get help quickly enough, you must do your best to complete the forms and gather the documents yourself. The mediator will give you additional help during the premediation process. {f your spouse on your loan, but you wish to have that person attend mediation with you, you is not a borrower must give your lender your written consent to discuss your loan with your spouse. Page 2 of 2STATE OF CONNECTICUTFORECLOSURE MEDIATION NOTICE OF SUPERIOR COURTCOMMUNITY-BASED RESOURCES JUDICIAL BRANCHJD-CV-126 Rev. 10-4.68, $§ 49-311, 49-34¢ winw.Jud’. ct. gov.State of Connecticut Department of Bankingcu Fore closure Hotline Bulletin t HomCommunity-Based Re: sources for Connecti necticut Housing eowners in Foreclosure isa vailable through Coni Finance Authority (CHFA/HUD) -approvedNote: Assistance in multiple languages en Espafiol es disponible a través de agencias le consejeria dehousing counseling agencies (refer to the list below). Ayuda lista de abajo).vivienda aprobado por CHFA/H| UD (favor de referirse a laToll-free Mortgage Foreclosur e Assistance Hotline: 1-877 -472-8313Department of Banking Websit e: www.ct.gov/dob a.m. to 5:00 p.m. Calls will be returned within two business days.The free Foreclosure Hotline is open Monday - Friday 8:00Homeowners who are currently a party to a foreclosure ai ction with time sensitive foreclosure concerns should call the Hotline . by c alling 1-800-831-7225 (toll-free) or 860-240-8299for assistance. You can also reach the Department of Banking ce Authority (CHFA) Mortgage Assistanc e from the Connecticut Housing Finan e Assistance Program (EMAP) Emergency Mortgag The Connecticut Housing Finance Authority admin isters the state's ticut Genera l Assem bly. EMAP can help eligible homeowners with overdue payments and which was created by the Connec provide monthly mort igage assistance. For more informa’ tion, contact a CHFA/HUD-approved housing counseling agéncy {listed below), call CHFA at 4-877-571-2432, or visit www.chfa.ord. CHFA/HUD-Approved Housing Counselors: Connecticut homeowners who a re struggling financially and CHFA/HUD-approved housing counselors provide fi ree help to may be at risk of foreclosure. They can review your budget and try to find ways to help with your financial issues. They are negotiate with your mortgage company or apply to CHFA trained in handling FHA and "conventional" loans and cal in help you case has been filed against you and you have asked to foran Emergency Mortgage Assistance loan. if{ a foreclosure get ready for mediation (including the Premediation participate in the Foreclosure Mediation Program, they can help you ts to your mortgage company as part of the mediation meetings with your mediator) and help you submit financial documen welcom e resident : ‘s from all over Connecticut. You do not need to process. CHFA/HUD approved housing counselors goto the agency closest to you. Phone County CHFA/HUD-Approved Housing Counseling Agency Bridgeport Neighborhood Trust, 570 State Street, Bridgeport 203-290-4255 www. bntweb.org Fairfield Stamford Urban League of Southern Connecticut, Inc., 137 Henry Street, 203-327-5810 www.ulsc.org Britain Neighborhood Housing Services of New Britain, 223 Broad Street, New 860-224-2433 Hartford www.nhsnb.ora New Haven New Haven HomeOwnership Center, Inc., 333 Sherman Avenue, 203-562-0598 WwW, inewhaven.ort 203-624-7406 Caples Change, Inc., 171 Orange Street, 3rd Floor, New Haven Extension 1320 New Haven Neighbothood Hot using Services of Waterbury, 193 Grand Street, 3rd Floor, Waterbury 203-753-1896 Of ADA NOTICE The Judiclal Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact Reeon listed at www.jud.ct.gov/ADA.Legal ResourcesForeclosure Prevention Clinics: The Connecticut Fair Housing Center, together with Homes Saved by Faith, regularlypresents free clinics for homeowners facing foreclosure. The clinics offer information from a Center attorney on how toprepare for court and what resources exist for homeowners, After the presentation, homeowners can discuss their situationsbriefly, one-on-one, with an attomey. The clinics are typically on weekday evenings in either Hartford or Fairfield County.Call 1-888-247-4404 or visit www.ctfalrhousing.org for more information on dates and locations.Judicial Branch Foreclosure Volunteer Attorney Program: Volunteer attorneys are available to give advice and answerquestions about foreclosure at certain courthouses in the state. Homeowners facing foreclosure throughout Connecticut arewelcome to attend. Call 860-263-2734 for additional information, or visit http://jud.ct.gov/volunteer_atty_prgm.htm.Foreclosure Manual for Self-Represented Homeowners: The Connecticut Fair Housing Center publishes “RepresentingYourselfin Foreclosure: A Guide for Connecticut Homeowners,” a free manual describing the foreclosure and mediationprocess for self-represented homeowners. Copies are available from CHFA/HUD-approved housing counselors, onwww.ctfairhousing.org, or by calling the Center at 1-888-247-4401.Statewide Legal Services (SLS): SLS provides free legal advice and referrals for callers qualifying for its services(guidelines include income limits). Call 1-800-453-3320 or 860-344-0380 or visit www.sisct.org for more information,Court Service Centers: In certain Superior Court locations, Court Service Centers provide public access computers, printers,fax machines, copiers, phones, and work space for self-represented parties. Refer to www,jud.ct.gov, and go to the QuickLinks menu on the home page of the Judicial website for more information.Lawyer Referral Services: County Bar Associations in Connecticut offer referral services that introduce homeowners tolawyers who can answer questions during an initial half-hour consultation. You can send an e-mail with your questions andavailability. Services beyond the ‘1st half-hour fee will be at the attorney's usual fee. Fee for 1/2 hour Website Email:County hone ConsultationFairfield 203-335-4116 $40 www bridgenortbar.ora TRSenice0d@yatoo.comHartford* 860-525-8106 $35 www. hartfordbar.org hcba@harfordbar.orgNew Haven 203-562-5750 $36 www. newhavenbar.org LRS@newhavenbar.orgNew London 860-889-9384 $25 www.nicba.org newlondoncba@gmail.com*The Hartford County Bar also covers Litchfield, Middlesex, Tolland, and Windham Counties.How Foreclosure Rescue Scams Work. People in foreclosure are often the target of "foreclosure rescue scams.”Be very careful of non-lawyers who ask you to pay a fee for counseling, loan modification, foreclosure prevention, or a“forensic audit" of your loan documents, regardless of their promises or claims. Many out-of-state attorneys targetConnecticut residents: you should never pay attorneys that you do not meet. Contact the Department of Banking for moreinformation at 1-877-472-8313 or visit www.preventloanscams.org. Mortgage Crisis Job Training Program. The state-funded Mortgage Crisis Job Training Program is a project of TheWorkPlace, Inc., in partnership with the Connecticut Housing Finance Authority (CHFA), Capital Workforce Partners, andConnecticut's workforce system, The Program helps homeowners increase their job skills and earning potential. It offers customized employment services, job training scholarships, financial literacy, and credit counseling. For information call 4-866-683-1682 or go to www.workplace.org/mortgage-crisis-job-training-program/, Financial Assistance Programs. Connecticut's 12 Community Action Agencies (CAAs) help people meet immediate needs through services such as Eviction and Foreclosure Prevention, energy/heating assistance, food pantries, and weatherization. CAAs also empower people to improve their financial future through employment services, financial literacy training, and other programs. To locate your local CAA call the Connecticut Association for Community Action at 860-832-9438 or visit: www.cafca.org/our-network, For more information on programs for homeowners facing financial distress, review the Department of Banking's materials on www.ct.govidob or call 1-877-472-8313. You can also call Info line at 2-1-1 for resources. JO-CV=128 Rev. 10-19 Page 2 of 2FORECLOSURE MEDIATION STATE OF CONNECTICUT CERTIFICATE SUPERIOR COURT JD-CV-108 Rev. 7-15 JUDICIAL BRANCH CGS. §§ 49-31k, 49-344; PA, 15-124 Ly win.jud.ct.gov Instructions to Homeowner Applicant 1. Use this form if the return date in your case is on or after July 1, 2009, FMREQ 2. Fill out this Certificate form and an Appearance form, JD-CL-12 (available at the courthouse or online at www.jud.ct.qov) and file ther with the court not more than 15 days after the return date on the Summons. AN 3. You must mail or deliver a copy of this completed Certificate form to the plaintiff's attorney, or to the plaintiff if the plaintiff isnot represented by an attorney, and to all parties who have filed an appearance in the case. This form will be used to determine your eligibility for the Foreclosure Mediation Program. Type or Print Legibly Name of case (Plaintiffon Summons vs, Defendanton Summons) Docket number (70be filedin by court staff) Reelin date (0% upper ight parton of Summons] | Iudieal Uetictot (On upper Tel paren of Summons) Yourname ‘Address (Number, street, (own, slate, zp code) Telephone number Business phone Cell phone ( ) ( ) ( ) A. If you are an individual, answer the following questions: 4. Do you own the property? (Yes [No 2. Do you live in the property? L] Yes LJ No 3. Is it your primary residence? (] Yes LJNo 4, |s ita 1, 2, 3 or 4 family residential property located in Connecticut? LJ Yes LINo 5. ls this a mortgage foreclosure? (] Yes LJNo 6. Are you a borrower on the note? (J Yes LJ No /f you are not a borrower on the note, but answered "yes" to questions one (1) through five (5) and you are the spouse or former spouse of a borrower, go to Section C, on Page 2. if you answered “yes” fo questions one (1) through six (6) and another defendant in this case has requested or may request in Section C to participate in the Foreclosure Mediation Program as a Permitted Successor-in- interest, who became the owner of the property as a result of divorce, legal se; paration, or a popeay seitlement agreement related to a divorce or legal separation, go to Section D.1. OR_B- If you are filing this on behalf of a religious organization, answer the following questions: 1. Does a religious organization own the property? CI Yes (No 2. Is the property located in Connecticut? (] Yes {_}-No 3. Is the religious organization the borrower on the note? (] Yes No 4. Is the return date in the case on or after October 1, 20117 LI Yes No ADA NOTICE: The Judicial Branch of the State of Connecticut complies with the Americans with Disabilities Act (ADA). If you need a reasonable accommodation in accordance with the ADA, contact a court clerk or an ADA contact person listed at www.jud.ct.gov/ADA, Continued on next page... Page 1 of 2C. Permitted Successors-in-Interest If you are not a borrower on the note, but answered “yes” to questions one (1) through five (5) in Section A and you are the spouse or former spouse of a borrower, you may be able to participate in the Foreclosure Mediation Program as a Permitted Successor-in-Interest. Answer the following questions to help the Court determine if you qualify: 1. Are you a defendant in this case? Yes (1) No 2. Is the return date in this case on or after October 1, 2015? Yes No 3. If you answered “yes” to one (1) and two (2), how did you become the owner of the property? (check the box that applies to you, if any) (J 3a. became the only owner of the property when It was transferred to me from my-deceased spouse's estate. (J 3b.1 became the only owner of the property because my deceased spouse and ! held joint title to the property. (3c. | became the owner of the property because it was transferred to me as a result of a divorce, legal separation, or a property settlement agreement related to a divorce or legal separation. If you checked 3c., go to Section D.2 and Section D.3.D. Consents If a Permitted Successor-in-Interest, who became the owner of the property as a result of divorce, legal separation, or a property settlement agreement related to a divorce or legal separation, has applied or may apply for the Foreclosure Mediation Program, you must complete this section to qualify for the Foreclosure Mediation Program: (check only the box(es) that apply) 1. If you answered “yes” to questions one (1) through six (6) In Section A and another defendant has requested or may request to participate in the Foreclosure Mediation Program as a Permitted Successor-in- Interest, who became the owner of the property as a result of divorce, legal separation, or a property settlement agreement related to a divorce or legal separation, check this box to complete your consent: (J I consent to the plaintiff mortgagee's disclosure of my non-public personal financial information to the spouse or former spouse who qualifies as a Permitted Successor-in-Interest to the extent that the . plaintiff morigagee has that information. If you answered “yes" to questions one (1) and two (2) in Section C, and checked box 3c., check this box to complete your consent: | consent to the plaintiff mortgagee's disclosure of my non-public personal financial information to all borrowers on this note, to the extent that the plaintiff mortgagee has that information. If you answered “yes” to questions one (1) and two (2) in Section C, and checked box 3c., check this box to certify that all borrowers on the note have provided their consent: C I certify that all borrowers on the note have agreed to allow the plaintiff mortgagee to disclose their non- public personal financial information to me, to the extent that the plaintiff mortgagee has that information, and that the borrowers have shown their consent by (check any box that applies): (1) Submitting a Foreclosure Mediation Certificate containing their consent, or Cd Giving documentation to the plaintiff mortgagee that allows for the full disclosure of the borrower's non-public personal financial information to me. Signed Print name of person signing Date signed Certification| certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on (date) to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties of record who were or will immediately be electronically served. Name and address of each parly and attorney that copy was or wil immedialely be mailed or delivered to™ *Ifnecessary, attach additional aaa or sheets with name and address which the copy was or will immediately be mailed or delivered to. Signed (Signature offiler) Print or type name of person signing Dale signed Mating adaiees (Number, steer, lown, state and zp cade) Telephone number Page 2 of 2APPEARANCE This farm is available STATE OF CONNECTICUTJD-CL12 Rev. 12-21 in other language(s). SUPERIOR COURTP.8, §§ 3-1 through 3-42, 10-13, 25-6A, 252-2, 262-3 wow jud.cl.gov form.There are instructions and important notices on page 2 (the back) of this Return date (For Civil/Family cases)Read page 2 before filling out this form, 1am filing this appearance to let the court and all attorneys and self-represented Docket NumberoO parties of record know that | have changed my address. My new address is below. State of ConnecticutName of case (Fullname of iret Plaintif v. Full name of first Defendant) Note: In Criminal/Motor Vehicles cases, the PlaintffIs The ‘Address of count (Number, streel, town end zip code) ‘Scheduled court date (Criminal/Motor Vehicle cases only) Howiing Judicial Session t ogee ——Enter the Appearance of Turis number (For atlomeyiaw trim)‘Name (Yourname or hame of official, firm, professional corporation, or individual attorney) oat Ofice box number ‘Telephone number (Aree code first)Malling addressCilyhiown’ Slate Zip code Fax number E-mail address. this form.) in the case named above for: (Select one of the following parties. See deseriptions/notes on page 2 of PLAINTIFF DEFENDANT CC The Plaintiff. ( The Defendant. (J All Plaintiffs. (_] All Defendants. (J The following Plaintifi(s) only: (J The following Defendant(s) only: C Other (Specify): This is a Family Matters case (such as divorce, custody, or child support). My appearance is for: (Select one or both) ( matters in the Family Division of the Superior Court (J Title 'V-D Child Support matters or o Assigned Counsel (FD This is a Criminal/Motor Vehicle case, and | am filing this appearance as [[] a Public Defender (Special Public Defender) (E] This appearance is for the purpose of a bail hearing only. (J This appearance is for the purpose of alternative arraignment proceedings only. If an appearance by other counsel or self-represented party is on file for this party/parties, select one option below: 4. [] This appearance is in place of the appearance oft Name and Juris Number (if applicable) to be replaced 2. Oo This appearance is in addition to an appearance already on file. | ‘agree’ that documents can be delivered (served) to me electronically in this case. (Practice Book Sec. 10-13) CYes [No Name of person signing at lent (Print or type) Date signed ‘Signed (Indivielual attorney or sel-repressnted party) Certification FOR COURT USE ONLY | certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on (date) to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self- represented parties of record who received or will immediately be receiving electronic delivery. Name and eddress of each party and attorney that copy was or will be mailed or delivered to delivered to. *ifnecessary, attach additional shest or sheets with name end address which the copy was or will be mailed or Signed (Signature of filer) Print or type name of person signing Date signed Page 1 of 2InstructionsDo nat use this form for Juvenile cases. 4. Type or print clearly in dark ink. 2. Fill out page 4, including the Certification section at the bottom. 3, Make a copy of the completed form and keep it for your records. 4. File your completed form with the court clerk. ce to the prosecutor. 5. For Criminal and Motor Vehicle cases: Mail or deliver a copy of the appearanparties of record. to all counsel | and self-rep resented For all other cases: Mail or deliver a copy Notice for Civil cases, including Housing Matters and Small Claims before the entry of judgment after default, the default will \f a party who has been defaulted for failure to appear files an appearance automatically be set aside by the clerk.Notice to people representing themselves parties.People who represent themselves in court are called self-representedSelf-represented parties: Which party do! select on page 1?You are a plaintiff if... + You filed this court case to sue someone. + You are the one who started this court case. ts. + Your name is listed before the "v." in the name of case on court documen If yo u are the ONLY plaintiff, select "The Plaintiff". and write your name on the line. If there is more than one plaintiff, select "The following Plaintiff( 's) only" You are a defendant if... «This is a criminal or motor vehicle case. + You are being sued. " in the name of case on court documents. + Your name is listed after the + Your landlord started this case to evict you. «You were served with the court papers at the beginning of this case. If you are the ONLY defe ndant select "The Defendant’. only” and write your name on the line. If there is more than one defendant, select "The following Defendant(s) Select Other... and write if you are Petitioner A or Petitioner B on the line. + lf you and your spouse filed a nonadversarial divorce, select "Other" and you are listed as an i t intervenor, select "Other" and then describe who you are. + If you asked the court to Iet you intervene "Other" and write who you are in the case on the line. + If youare listed as a party to the case for some other reason, select (dual representation) Self-represented parties in Family Matters: Filing “in addition to” an attorney esented party who is filing an appearan ce “in addition to" an attorney who already has an appearance in this ifyou are a self-repr court case, be aware of the following: pursuant to Practice Book Section 4-2. * Any document being filed on your behalf must be signed by your-attorney by your attorney, th

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Jul 09, 2024 |C40 - Contracts - Collections |UWY-CV24-6078680-S

Case

MIDLAND CREDIT MANAGEMENT, INC v. BOWDEN, MICHAEL

Jul 05, 2024 |S15 - Small Claims - Small Claims - Collection - Purchase Debt |NNH-CV24-6145183-S

Ruling

County of Sonoma vs Castagnola

Jul 10, 2024 |SCV-265714

SCV-265714, County of Sonoma v. CastagnolaAppearances required.

Ruling

CERRITOS RETAIL CENTERCAL, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS WOKCANO CERRITOS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Jul 09, 2024 |24NWCV00981

Case Number: 24NWCV00981 Hearing Date: July 9, 2024 Dept: C Cerritos Retail Centercal, LLC vs. Wokcano Cerritos, LLC, Case No. 24NWCV00981 This is an unlawful detainer action. Defendant moves ex parte to advance the hearing on the motion to set aside, which is currently set for August 7, 2024. Default judgment was entered on June 14, 2024. Defendant was served a five-day notice to vacate on July 2, 2024. Defendant filed the instant motion on Monday, July 8, 2024. Defendant argues that it did not receive actual notice of the May 29, 2024 ex parte hearing and was unaware that it had to answer within five days. On May 29, 2024, the Court issued the following order: [T]he Court conferred with Plaintiffs Counsel, Nahal Zarnighian. There was no appearance by Defendant. The Court stated that it had reviewed Defendants motion to set aside default and was inclined to grant the motion under CCP § 473, subd. (b). Defendant appears to argue that it relied upon a tentative ruling posted by the Court which granted Defendant an opportunity to file a Supplemental Reply by May 14, 2024. Defendant denies having received notice of the Courts final order requiring Defendant to Answer within 5 days. Given the Courts inclination with respect to Defendants motion to set aside default, and in an effort to expedite these proceedings, Plaintiffs Counsel had no opposition to the Court advancing Defendants motion to be heard today. Accordingly, Plaintiffs ex parte application to shorten time for hearing on Defendants motion to set aside default is GRANTED. Defendants motion to set aside default is ADVANCED to todays date and GRANTED. The demurrer filed on May 20, 2024 is STRICKEN because it was filed when Defendant was still in default. The hearing on Defendants demurrer is ADVANCED to todays date and taken OFF-CALENDAR. Defendant is ORDERED to file and serve an answer or other responsive pleading within 5 days. Clerk to give notice. The Court orders the default entered on 05/16/2024 as to Wokcano Cerritos, LLC, a California limited liability company vacated. Certificate of Mailing is attached. (5/29/24 Minute Order.) In the instant ex parte application, Defendant claims it did not receive actual notice of the May 29, 2024 ex parte hearing and was unaware it had to answer within 5 days. However, the minute order reflects that the Clerk provided notice of the Courts ruling to the parties. Moreover, the argument Defendant makes here is the same one it made in its previous motion to set aside default. The Court granted the previous ex parte application. With respect to the instant motion, the Court determines that Defendants claim of ignorance is not supported by the record and is made solely for the purpose of delay. Accordingly, the ex parte application is DENIED. Clerk to give notice.

Ruling

Jensen vs. Wells Fargo Realty Services Inc

Jul 10, 2024 |22CV-0200623

JENSEN VS. WELLS FARGO REALTY SERVICES INCCase Number: 22CV-0200623This matter is on calendar for review regarding status of the case. Defendant has been defaultedin this case. A default prove-up hearing has not occurred. At the prior hearing on April 8, 2024,Plaintiff’s Counsel appeared to inform the Court she was speaking with a bond company and torequest a continuance. The matter was continued to today but no status report has been filed. Anappearance is necessary on today’s calendar to discuss the status of the case and, ifappropriate, to re-set this mater for a default prove-up hearing.

Ruling

SMBD INVESENTS, LP, A LIMITED PARTNERSHIP VS COCO'S RESTAURANTS, LLC, A LIMITED LIABILITY COMPANY, ET AL.

Jul 10, 2024 |23TRCV01708

Case Number: 23TRCV01708 Hearing Date: July 10, 2024 Dept: B Superior Court of California County of Los Angeles Southwest District Torrance Dept. B SMBD INVESTMENTS, LP, Plaintiff, Case No.: 23TRCV01708 vs. [Tentative] RULING COCOS RESTAURANTS, LLC, et al., Defendants. Hearing Date: July 10, 2024 Moving Parties: Attorney Phillip Allan Trajan Perez and Benjamin P. Tarczy at Miller Nash LP, attorney for defendants Responding Party: None Motions to Be Relieved as Counsel The Court considered the moving papers. RULING The motions are GRANTED. The Court orders that the attorney is relieved as counsel of record for defendants, 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 clients. BACKGROUND On May 30, 2023, plaintiff SMBD Investments, LP filed a complaint against Cocos Restaurants, LLC, Sharis Management Corporation, and Fri-M, LLC for breach of lease and account stated. On August 7, 2023, defendants filed an answer. 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 Defendants attorneys, Phillip Allan Trajan Perez and Benjamin P. Tarczy at Miller Nash LP seek to be relieved as counsel. Counsel Tarczy states in his declaration that defendants have not complied with their engagement agreement with Miller Nash LP by failing to pay outstanding attorneys fees and costs it has incurred. Starting in August 2023, counsel has made several requests that defendants become current on their outstanding fees and costs. Counsel also states that defendants have consented to Miller Nash LPs withdrawal as counsel but have not found new counsel. 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 defendants, 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 clients. Moving counsel is ordered to give notice of this ruling.

Ruling

DR DALIA NOSRATI VS MR FARHAD RASHTI ET AL

Jul 09, 2024 |BC452244

Case Number: BC452244 Hearing Date: July 9, 2024 Dept: 39 TENTATIVE RULING DEPARTMENT 39 HEARING DATE July 9, 2024 CASE NUMBER BC452244 MOTION Motions to Compel Compliance with Subpoenas MOVING PARTY Assignee Adam Harari OPPOSING PARTIES Judgment Debtor Dalia Nosrati MOTION In two separate motions, assignee Adam Harari (Harari) moves to compel compliance with subpoenas Harari purportedly served on Bank of America, N.A. and Wells Fargo Bank, N.A. (Deponents). Judgment Debtor Dalia Nosrati (Nosrati) responds to the motions. ANALYSIS Code of Civil Procedure section 1987.1 provides, If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by [a party or a witness] . . . may make an order . . . directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. (Code Civ. Proc., § 1987.1.) Assignee did not personally serve the motions on Deponents, as required. (See Cal. Rules of Court, rule 3.1346 [A written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record].) Accordingly, the motions are denied. Further, the parties have apparently agreed Deponents are to produce responsive documents subject to the protective order this court entered in its July 1, 2024 order. As such, the motions are moot and are denied on that basis as well. Nosrati is to notify Deponents of the withdrawal of objections to the subpoenas within 30 days. Harari is to give notice of this order and file proof of service of same.

Ruling

WENDY KLENK VS BEHRINGER HARVARD REDWOOD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Jul 10, 2024 |20SMCV01023

Case Number: 20SMCV01023 Hearing Date: July 10, 2024 Dept: M CASE NAME: Klenk v. Behringer Harvard Redwood LLC, et al. CASE NO.: 20SMCV01023 MOTION: Motion for Attorneys Fees Motion to Tax Costs HEARING DATE: 7/10/2024 Legal Standard Attorneys Fees With respect to attorney fees and costs, unless they are specifically provided for by statute (e.g., CCP §§ 1032, et seq.), the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties.¿(CCP § 1021.) The prevailing party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice of motion to claim attorney fees as an element of costs under shall be served and filed before or at the same time the memorandum of costs is served and filed; if only attorney fees are claimed as costs, the notice of motion shall be served and filed within the time specified in CRC 3.1700 for filing a memorandum of costs.¿(CRC 3.1702; Gunlock Corp. v. Walk on Water, Inc. (1993) 15 Cal.App.4th 1301, 1303, fn. 1.) It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial court, whose decision cannot be reversed in the absence of an abuse of discretion. [Citation.] (Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 623 624.) The fee setting inquiry in California ordinarily begins with the lodestar [method], i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154.) [A] computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate attorneys fee award. (Margolin v. Regl Planning Commn (1982) 134 Cal.App.3d 999, 1004.) The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. (See Serrano v. Priest (1977) 20 Cal.3d 25, 49 [discussing factors relevant to proper attorneys fees award].) Such an approach anchors the trial courts analysis to an objective determination of the value of the attorneys services, ensuring that the amount awarded is not arbitrary. (Id. at 48, fn. 23.) The factors considered in determining the modification of the lodestar include (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee award. (Mountjoy v. Bank of Am. (2016) 245 Cal.App.4th 266, 271.) In challenging attorney fees as excessive because too many hours of work are claimed, it is the burden of the challenging party to point to the specific items challenged, with a sufficient argument and citations to the evidence.¿(Premier Medical Management Systems, Inc. v. California Ins. Guaranty Assoc. (2008) 163 Cal.App.4th 550, 564.)¿General arguments that fees claimed are excessive, duplicative, or unrelated do not suffice. (Ibid.) Costs The prevailing party is entitled as a matter of right to recover costs for suit in any action or proceeding. (CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606; Scott Co. Of Calif. v. Blount, Inc. (1999) 20 Cal.4th 1103, 1108.) Prevailing party includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (CCP § 1032 (a)(4).) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (CCP § 1033.5(c)(2).) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. California State Auto. Assn. (1993) 19 Cal. App. 4th 761, 774.) On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Ibid.) Analysis Defendants GS Redwood Property LLC and Greystar California Inc. (Defendants) move for an award of attorneys fees pursuant to Civil Code section 1942.4 and Rule of Court, rule 3.1702. Defendants seek attorneys fees in the amount of at least $169,139.20, and an award of costs in the amount of $63,749.55. Defendants also move to tax Plaintiff Wendy Klenks verified memorandum of costs, filed January 31, 2024. Defendants Costs Defendants claim $63,749.55 in costs. However, Defendants failed to file a memorandum of costs as required by California Rules of Court (CRC), rule 3.1700. A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment[.] (CRC Rule 3.1700(a).) Judgment was entered on December 20, 2023. Notice was filed on January 11, 2024. Plaintiff timely filed a memorandum of costs as the prevailing party at trial on January 31, 2024. Defendants did not file or serve any memorandum of costs. The instant motion for fees and costs was not filed until February 20, 2024. Thus, the request for costs is untimely. Defendants contend that a memorandum of costs is not required for attorneys fees pursuant to CRC Rule 3.1702. Indeed, no memorandum of costs is required for attorneys fees unless such fees are fixed without the necessity of a court determination. (CRC Rule. 3.1702(e).) However, the instant request concerns costs outside of attorneys fees. Notably, Rule 3.1702 does not refer to such costs at all. Thus, Defendants were not excused from CRC Rule 3.1700s requirement that a memorandum of costs be filed within 15 days of service of notice of judgment to recover costs as a prevailing party. Since Defendants failed to comply with this mandatory provision, costs cannot be awarded. Furthermore, the Court would disallow the costs claimed for inspection and testing. (Ward Decl., Ex. E.) Such costs are not expressly allowed by statute. (CCP § 1033.5(b)(1)-(2), (c)(2).) If considered on the merits, the Court would strike the request for $23,916.40 and for $8,635.00 related to testing/inspection of the property. Accordingly, the motion is DENIED as to the cost request. Attorneys Fees Section 1942.4(b)(2) provides for recovery of reasonable attorneys fees to the prevailing party in a suit between landlord and tenant regarding untenable conditions. The trial court has discretion to determine which party, if any, is the prevailing party on a practical level. (Galan v. Wolfriver Holding Corp., (2000) 80 Cal. App. 4th 1124, 1128.) A prevailing defendant may recover only reasonable attorney fees incurred in [its] defense of the action by [the plaintiff]. (Hill v. Affirmed Housing Group (2014) 226 Cal.App.4th 1192, 1197.) To the extent [a prevailing defendants] shared counsel engaged in litigation activity on behalf of [a codefendant] for which fees are not recoverable, the [trial] court has broad discretion to apportion fees. (Id.) A court may apportion fees even where the issues are connected, related or intertwined. (Id.) And although time-keeping and billing procedures may make a requested segregation difficult, they do not, without more, make it impossible. (Id.) Attorneys fees need not be apportioned when incurred for representation on an issue common to both a cause of action in which fees are proper and one in which they are not allowed. (Dane-Elec Corp., USA v. Bodokh (2019) 35 Cal.App.5th 761, 771.) Thus, [a]pportionment is not required when the claims for relief are so intertwined that it would be impracticable, if not impossible, to separate the attorneys time into compensable and noncompensable units. (Id. at 771-72.) Defendants prevailed on the section 1942.4 claim and other related habitability issues. On November 28, 2023, the Court granted Defendants motion for judgment of nonsuit on the section 1942.4 claim. The Court found that Plaintiff failed to submit any evidence on the elements related to an inspection, notice of abatement, and delay without good cause. (See Civ. Code §1942.4(a)(2), (3).) Later, on November 30, 2023, the jury returned its verdict in favor of Defendants on the habitability claim, the quiet enjoyment claim, and the nuisance claim, and in favor of Plaintiff on the negligence claim. While the statutory claim was not presented to the jury, the jury considered and rejected the related common law habitability claims. Plaintiff decidedly lost on the habitability issues, including the statutory claim which would have entitled her to attorneys fees. Despite losing on the majority of her claims, and recovering only a small percentage of damages actually requested, Plaintiff did prevail at trial with a recovery of $58,000.00 on her negligence claim. However, on a practical level, Defendants are the prevailing party as to the habitability claims, and Defendants may recover their attorneys fees. In their opposition, Plaintiff argued that all the claims are intertwined and that all of counsels work related to all of the claims. As such, Plaintiff argues that apportionment of fees between the claims is appropriate. Plaintiff requests that the Court reduce the fee award by 50%. Here, Defendants submitted detailed time records for the legal work performed. Defendants attorneys billed 810.4 hours at $237 per hour for a total of $169,139.20. (Ward Decl., Ex. D, G.) The Court finds the reduced hourly rate reasonable in light of counsels experience, education and expertise. The Court will apportion the fees to reflect the mixed success of the Defendants and the interrelated nature of the causes of action. In light of the entirety of the record, and using the lodestar method, the Court finds that a reasonable fee in this instance would be $111,631.87, which represents 534.86 hours of attorney time at the approved rate. Accordingly, the motion is GRANTED in the amount of $111,631.87. Motion to Tax Plaintiffs Costs Defendants move to tax Plaintiff Wendy Klenks verified memorandum of costs, filed on January 31, 2024. While Defendants prevailed on the habitability claim, Plaintiff should still be considered the prevailing party at trial. On December 20, 2023, the Court entered judgment against Defendants Greystar California, Inc. and GS Redwood Properties, LLC, jointly and severally, in the sum of $58,000, in favor of Plaintiff. Thus, Plaintiff is entitled to allowable costs under Code of Civil Procedure section 1033.5. Defendants request the Court tax from Plaintiffs Memorandum of Costs the following items: Item 1 - Filing and motions fees of $696.54 Item 4 - Deposition costs $3,567.45 Item 5 - Service of process $142 Item 11 - Court reporter fees $3,387.50 As to each item, Defendants argue that the verified costs are unreasonable because Plaintiff does not provide any detail for the Court to determine if Plaintiff is seeking proper costs. However, the cited costs are expressly allowed by statute. (CCP § 1033.5(a)(1), (3), (4), (11).) Plaintiff provided a verified memorandum of costs, confirming that the sought costs are correct and were necessarily incurred in the case. Therefore, the burden is on Defendants to demonstrate that such costs were not reasonable or necessary. Defendants do not meet this burden by merely suggesting that Plaintiff must present further details beyond the verified memorandum. Accordingly, the motion is DENIED.

Ruling

Jul 10, 2024 |RIC1905065

GA&TV INC VS LEVRIC1905065 MOTION FOR ATTORNEY'S FEESINVESTMENTS LLCTentative Ruling: Deny Defendants’ Motion for Attorney’s Fees.In their motion, Defendants seek to recover attorney fees based on the attorney feeprovision in the Loan Restructuring Agreement (“Agreement”) between Lev and non-party LakeElsinore Diamond Road. (See Lindemann Decl. ¶ 4, Ex. B [“One of the defendants, had a loandocument that provided for attorney’s fees pursuant to ¶ 4(k), p. 2.”] [emphasis added].)Paragraph 4(k) of the Agreement, however, provides that “[e]ach of the parties shall bear theirown attorney’s fees and costs incurred in connection with the subject matter of this Agreement.”(Id.)The Agreement also included an Unconditional Guaranty of Payment and Performance(“Guaranty”), which provides in relevant part: “In addition to the amounts guaranteed under thisGuaranty, [RV] agree[s] to pay (i) all of [Lev’s] attorney’s fees and other costs and expenses whichmay be incurred by [Lev] in the enforcement of this Guaranty . . . .” (Id. [emphasis added].)Defendants do not rely on this provision for their motion for attorney fees. In any event, to theextent Defendants attempt to rely on this provision to recover attorney fees from RV, that attemptmust fail.First, the Agreement proffered by Defendants as the basis for their attorney fees claim isunrelated to any of RV’s claims against Defendants in this action. (See FAC ¶¶ 1–22, 37–47, 54–66.) All of RV’s claims against Defendants pertain to a foreclosure on property it owned inCoachella. More importantly, pursuant to the Guaranty, RV agreed to pay all of Lev’s attorney’sfees and other costs “which may be incurred by [Lev] in the enforcement of this Guaranty . . ..” Lindemann Decl. ¶ 4, Ex. B [emphasis added[.) As RV argues, there is no “enforcement” of theGuaranty in this action. (See Civ. Code § 1717 [section 1717 allows recovery of attorney fees“which are incurred to enforce th[e] contract” that has the attorney fee provision].) Thus,Defendants are not entitled to attorney fees under the Agreement nor the Guaranty.RV further argues that the Agreement provided by Defendants was a proposed deal thatnever closed. (Burgee Decl. ¶ 4.) It argues that after RV transmitted its signed Guaranty toDefendants in advance of closing, the parties changed the deal and the loan restructuringcontemplated by the Agreement was abandoned. (Id.) “Before section 1717 comes into play, it isnecessary to determine whether the parties entered an agreement for the payment of attorneyfees and, if so, the scope of the attorney fee agreement.” (Mountain Air Enterprises, LLC,supra, 3 Cal.5th at 752 [emphasis added].) Because the Agreement relied on by Defendantsnever happened, it cannot be the basis for their claim for attorney fees against RV.Based on the above, Defendants have failed to show any contract that supports their claimfor attorney fees in this action.Even if they are entitled to attorney fees under the Agreement/Guaranty, Defendants failto provide support for the attorney fees sought. It is well settled that the party seeking fees hasthe burden of proving sufficient evidence for the trial court to determine that the fees sought werereasonably incurred. (Gorman Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 98.) Thisincludes demonstrating both the reasonableness of the time spent by counsel and thereasonableness of the hourly compensation sought for that time. (See Ketchum v. Moses (2001)24 Cal.4thc 1122, 1131–32 [attorney fees must be “based on the ‘careful compilation of the timespent and reasonable hourly compensation of each attorney . . . involved in the presentation ofthe case’”].) Although the submission of time records is not necessarily required (Syers PropertiesIII, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 698–99), a fee request ““‘ordinarily should bedocumented in great detail.’”” (Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th1309, 1324.) “‘The evidence should allow the court to consider whether the case was overstaffed,how much time the attorneys spent on particular claims, and whether the hours were reasonablyexpended.’” (Lunada Biomedical v. Nunez (2014) 230 Cal.App.4th 459, 486–87.)Here, Defendants submitted their counsel’s declaration, in which counsel stated that thefirm incurred 542.2 hours of time at $550.00 in preparation for trial, appearances, filings, andresearch, for a total amount of $298,210.00. (Lindemann Decl. ¶ 8.) This evidence, however, isnot sufficient to support an award of reasonable fees. Counsel provides no information abouthimself or other attorneys involved, making it impossible for the Court to determine whether therate of $550.00 is in line with prevailing rates for similar attorneys in the area. Similarly, counselprovides no information about the nature of the work performed in connection with this case, otherthan stating that they were spent on trial preparation, appearances, filings, and research. TheCourt thus is without sufficient evidence on which to base a determination that the time spent(542.2 hours) was reasonable.Defendants also seek following fees incurred by other law firms in defending “related”cases and other proceedings:• $35,733.29 incurred by Greenberg & Bass, LLP• $41,772.50 incurred by Levene, Neale, Bender, Yoo & Golubchik LLP(Id. at ¶¶ 6–7, Exs. C & D.) But as RV points out, fees sought by Greenberg & Bass, LLP in theamount $35,733.29 were incurred in another case (i.e., “v. Ruvin Feygenberg et al.). (Id. at ¶ 6,Ex. C.) Moreover, fees sought by Levene, Neale, Bender, Yoo & Golubchik LLP in the amount of$41,772.50 were incurred in a bankruptcy proceeding. Defendants have failed to show that thesefees were reasonably necessary to the instant action. (See Levy v. Toyota Motor Sales, U.S.A.,Inc. (1992) 4 Cal.App.4th 807, 816 [party seeking attorney fees has the “burden of showing thatthe fees incurred were ‘allowable,’ were ‘reasonably necessary to the conduct of the litigation,’and were ‘reasonable in amount’”].) Thus, Defendants are not entitled to fees incurred in otherproceedings.Defendants finally seek costs in the amount of $6,658.13. (Lindemann Decl. ¶ 8.)Defendants, however, have not filed a memorandum of costs, which is required by CRC Rule3.1700. (See Neeble-Diamond v. Hotel California By the Sea, LLC (2024) 99 Cal.App.5th 551,556 [“The established procedure for recovering the costs . . . is to file a cost of memorandum,supported by a verified statement of counsel.”] [emphasis added].) Thus, Defendants are notentitled to costs.Finally, Defendants seek attorney fees incurred during this litigation without allocationbetween GA&TV and RV. Thus, the evidence presented is insufficient to enable the Court todetermine the amount of reasonable fees Defendants incurred in defending RV’s claims againstthem.

Ruling

RHN, INC,, ET AL. VS THE REYNOLDS AND REYNOLDS COMPANY

Jul 09, 2024 |11/28/2022 |19SMCV00221

Case Number: 19SMCV00221 Hearing Date: July 9, 2024 Dept: N Duncan J. McCreary and Reeder McCreary, LLPs Motions to Withdraw as Counsel for Plaintiffs NBA Automotive Inc., R&H Automotive Inc., RHC Automotive Inc., and RHH Automotive Inc. is GRANTED. Counsel has asserted a valid reason for withdrawal, i.e., there is a likely conflict of interest which may result in a violation of the California Rules of Professional Conduct. (Rules Prof. Conduct, rule 1.16(b)(0).) Counsel has provided the required forms under rule 3.1362 of the California Rules of Court and served the opposing parties and client with the same. There being good cause to grant counsels request to withdraw, Duncan J. McCreary and Reeder McCreary, LLPs Motions to Withdraw as Counsel for Plaintiffs NBA Automotive Inc., R&H Automotive Inc., RHC Automotive Inc., and RHH Automotive Inc. is GRANTED. This ruling granting counsels motion to withdraw shall become effective upon filing of proof service of this ruling upon Plaintiffs NBA Automotive Inc., R&H Automotive Inc., RHC Automotive Inc., and RHH Automotive Inc. Plaintiffs NBA Automotive Inc., R&H Automotive Inc., RHC Automotive Inc., and RHH Automotive Inc. are reminded that a corporation cannot represent itself in litigation and must be represented by licensed counsel. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)

Document

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. MOORE, JOHNNY RAY Et Al

Oct 19, 2009 |Arthur A. Hiller |P00 - Property - Foreclosure |AAN-CV09-6001369-S

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UMB BANK, N.A. NOT IN ITS INDIVIDUAL CAPACITY v. BORZILLO, STACEY, A/K/A BORZILLO STACEY J. A/K/A G Et Al

Mar 08, 2019 |Walter M. Spader, Jr. |P00 - Property - Foreclosure |NNH-CV19-6089877-S

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TOWD POINT MORTGAGE TRUST 2017-2, U.S. BANK NATION v. GRANT, EDWARD R Et Al

Dec 15, 2023 |P00 - Property - Foreclosure |UWY-CV24-6074585-S

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Aug 24, 2023 |Walter M. Spader, Jr. |P00 - Property - Foreclosure |UWY-CV23-6072575-S

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DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE F v. CAZARIN, LUIS Et Al

Jan 04, 2024 |Walter M. Spader, Jr. |P00 - Property - Foreclosure |NNH-CV24-6139225-S

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STORMFIELD CAPITAL FUNDING I, LLC v. 899 ETG ASSOCIATES LLC Et Al

Oct 17, 2023 |Walter M. Spader, Jr. |P00 - Property - Foreclosure |NNH-CV23-6136912-S

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FLETCHER DEVELOPMENT, LLC v. VIGNEAULT, MAXINE Et Al

Feb 27, 2023 |W. Glen Pierson |P00 - Property - Foreclosure |UWY-CV23-6073142-S

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FREEDOM MORTGAGE CORPORATION v. QUINONES, JR, UBALDO Et Al

Jun 27, 2022 |Walter M. Spader, Jr. |P00 - Property - Foreclosure |UWY-CV22-6066203-S

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