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FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF SARATOGA LAKEVIEW LDAN SERVICING, LIA Plaintiffdesignates SARATOGA as the place Plaintiff, of trialsitus of the real property vs. SUMMONS GREGORY K. RAJCZ¾ #1" #12." "JOHN DOE through "JOHN DOE the Subject Property: lasttwelvenames being fictitiousand unknown to $2 TENNANTVILLE ROAD plaintiff,the persons or parties intended being the NORTHVILLE. NY 12134 tenants. occupants, persons or corporations, ifany, having or claiming an interest in or lien upon the premises, described in the complaint. Defendants. To the above named Defendants YOU ARE HEREBY SUMMONED to answer the complaint in thisaction and to serve a copy of your answer, or, ifthe complaint is notserved with this summons, to serve a notice of appearance on the PlaintilTs Attomey within 20 days after the service of thissummons, exclusive of the day of service (or within 30 days after the service is complete ifthis summons is not personally delivered to you within the State of New York) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shaH not expire until (60) days aher service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by defauh for therelief demanded in the complaint. IIIIIIIIIIMMEIIIIIMlI IIIIIllIIIIIIIIIIIMINIII E[IIIIMIIIIIIEIIII 22-062211 -NIA Drafter:NI0ole Allen 1 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 NOTICE YOU ARE IN DANGER OF IXMillNG YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who Afed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an atterney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to the mortgage company wHI not stop the forectesure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY liOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Please lake further notim that any right you may have pursuant to the Fair Debt Collection Pmctices Act to dispute the validity or amount of the debt does not change the titne within which you must answer this summons and complaint. You must follow the instructions contained in the summons even ifyou dispute the validity or amount of the debt. Dated: August 25, 2022 Robertson, An u4 S neid, Crane & Pa ers, PL Attomey fo laintifT BY: [ ] 4 Z. 80 IN, ESQ. [X] ANTHONY CELLUCC1, ESQ. [ } LUCE PIERRE-RUSSON, ESQ. [ } STEPHANI A. SCHENDLINGER, ESQ. [ ] ANNETTE SHACHTER, ESQ. 900 Memhants Concourse, Suite 3 10 Westbury, NY I 1590 516-280-7675 224162211 - NiA DraRer:NIcole Allen 2 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summons and Complaint You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services at (enter number) or visit the Department's website at (enter web address). Rights and Obligations YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right to stay in your home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless of whether you choose to remain in your home, YOU ARE REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accordance with state and local law. Page 1 of 2 3 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Page 2 of 2 4 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 SUPREME COtJRT OF THE 5TATE OF NEW YORK COUNTY OF SARATOGA INDEX NO. LAKEVIEW LOAN SERVICING, LI C, Plaintiff, COMPLAINT vs. Subject Property: 52 TENNANTVELE ROAD NORTHVILLE, NY (2]34 GREGORY K. RAJCZ1, #1" #12," "JOHN DOE through "JOHN DOE the last twcIvo names being fictitious and unknown to plaintiff,the persons or parties intended being the tenants. occupants, persons or corporations. ifany, having or claiming an interest in or lien upon the premises, described in the complaint. Defendants. The complaint of the above-named plaintiff, by Robertson. Anschutz, Schneid, Cranc & Partners, PLLC, itsattomeys, alleges upon information and belief as follows: l. Plaintiff isorganized under the laws of the United States of America or itsstate of formation. 2. On Febmary ] I,201 ], GREGORY K. RAJC21 duty executed and delivered a note whereby GREGORY K. RAJCZI promised to pay the sum of $(29,608.00 plus ingen:st as set forth in saidnote. A copy of said note is annexed hereto. 3. Plaintiff, directly or through an agent has complied with allapplicable laws in an attempt to establish ownership and/or possession of the subject note and the rightto foreclosure of same. Plaintiff has possession and contml of the original note and mortgage, which note issecured by the mortgage identified below, and the said note is eithermade payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lostor unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to New York law. 4. That to secure the payment of the sum represented by said note, GREGORY K. RAJCZ1. duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: IIIIIIMIMMEIIIHMlI IIIIIllIIIIIIIIIIBMINIII E[IIRIIIIMMINI 22462211 - NIA Drafter:NI0ole Allen 5 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 Recording Date: Febmary 14, 201 1 County: SARATOGA Instrument Number 20 l I006146 Said mortgage was assigned to PlaintitTby assignment of mortgage duly executed on a date prior to the filing of the complaint. A copy of said mortgage is annexed hereto. S. Said mortgage secured the rea) property known as 52 TENNANTVELE ROAD, NORTHVILLFn NEW YORK 12134 and by Section 67, Block l.,Lot 40.2 together with all fixtures and articles of personal property annexed to, instaHed in,or used in connection with the rnortgaged premises, allas is more fully set forthin said mortgage. A copy of the legal description is setforth on Schedule A annexed. 6. PlaintiiT is theowner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 7. Plaintiff has complied with allconditions precedent contained in the mortgage, ifany. 8. To the extent applicable, Plaintiff has complied with RPAPL 1304 and RPAPL 1306. 9. To the extent applicabic, Plaintiff has complied with allof the pmvisions of Banking Law section $9$-a and rules and regulations promulgated Law sections 6-1 and 6- any thereunder, Banking m. l0. That Defendants failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on March 01, 2022 and each subsequent payment thereafter. I 1.That by reason of such defauhs, Plaintiff hensby declares the balance of the principal indebtedness immediately due and payable. (2. That there is now due and owing to the plaintiff,the principal sum of $102,506.34 with interest thereon from February 01, 2022 plus accumulated late charges together with any suma advanced by the plaintiff on behalf of defendant. l3. That plaintiffshall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action. of any or allof the defaults mentioned herein: and such election shallcontinue and remain effective until the 22416 2211 ¬ NiA Drafter:Nicole Allen 6 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 cosm and disbursem*nts of thisaction, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of thisaction are fully paid. l4. That to protect itssecurity afforded by said note and rnortgage, itmay be necessary forthe plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintifT hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the same be paid to the plaintifTfrom the proceeds of the foreclosure sale herein. l5. That the plaintiff alleges that no other proceedings have been had for therecovery of the mortgage indebtedness or ifany such action is pending, a finaljudgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 16. That plaintifT further alleges that allthe defendants have, or may claim to have, some interest in,or lien upon the mortgaged premiscs, or some part thereof, which interestor lien, ifany, issubject and subordinate to the lienof the mortgage being foreclosed. "B" I7. The description of cach of the named party defendants interest is setout on Schedule annexed. "C" I 8.The interest or lien of cach of the named party defendants, tfany, isset forth in Schedule annexed. 19. The terms of said mortgage provide that defendants shalt be liable to plaintifffor reasonable attorneys' fees incurred by plaintiff to pmtect or enforce plaintiffs security interestin the premises. 20. That the sale of the mortgaged promises and titlethereto am subject to the state of facts an accurate survey will show; all covenants, restrictions, casem*nts, agreements and reservations, ifany, of record, and to any and allviolations thereof: any and allbuilding and roning regulations, estDctions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines,and vault charges, ifany; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the 22--062211 ¬ NiA Drafter:NIcole Allen 7 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 premises as of the date of closing hereunder; rights of tenanEs in possession, ifany; prior rnortgages and record· judgments, ifany, now liens of right of Redemption of United States of America. ifany; rights of any defendants pursuant to CPLR Section 3 l 7.CPLR Section 2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including, but not limited to, flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbeston, and toxic substances; and other conditions as set forthin the terms of sale more particularly to be announced at the sale. THE REMAINDER OF T HIS PAGE IS INTENTIONALLY LEFT BLANK 224162211 - NiA DraRer:NIcole Allen 8 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 W@lEREFORE, plaintin'demands judgment against the defendants as follows: A, The defendants and each of them, and allpersons claiming under them, or any of them subsequent to the commencement of this action and the filing of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lienand equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of factsan accurate survey will show; allcovenants, restrictions, easem*nts, agreements and reservations, ifany, of record, and to any and allviolations thereof; any and allbuilding and zoning regulation, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, mapponionment of lot tines,and vault charges, ifany; any and allorders or mquirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or stmetum on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgrnems, ifany, now liensof record; right of Redemption of United States of America, ifany; rights of any defendants pursuant to CPLR Section 317, CPLR Section 2003 and CPLR Section 5015, ifany; any and allHazardous Materials in the premises including, but not limited to,flammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as sel forth in the terms of sale mom particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in aIIegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interestto the lime of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days afterany sale demanded herein for taxes, wmer rates, sewer rents,assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith 10 protect the mortgage lica,plus any sums expended for the protection or preservation of the propeny covered by said mortgage and note, and the amount secumd thereby, with intemst thercon fmm the lime of such payment and the attorneys' costs and expenses of thisaction including reasonable fees so far as the amount of such monies properly applicabic thereto will pay the same; F. The plaintiff be decreed to be the owner of any and allpersonal pmperty used in connection with the said mortgaged prentises, except ifdischarged in bankmptcy; 224162211 - NiA Drafter:NIoole Allen 9 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 G. The obligars may be adjudged to pay any de ficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankmptcy; H. awarding the relief mquested in the additional causes of action stated in the complaint, if any; 1. Plaintiff shall have such other and further reliefor both, in the pmmises as shall be just and equitable. Dated: August 25, 2022 Robertson, A hutz, kneid, Crane & Pa ers, P C Attomey f PlaintifT BY: [ ] Z. B K.1N, ESQ. [X] THONY CELLUCC). ESQ. [ I LUCE PIERRE-RUSSON, ESQ. [ ] STEPHANI A. SCHENDLINGER, ESQ. [ ] ANNETTE SHACHTER, ESQ. 900 Merchants Concoune. Suite 3 to Westbury, NY 11590 516-280-7675 224162211 - NiA DraRer:NIcole Allen 10 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 ORIGINAL y.can Ninnber : MIN FHA Case No. KINGSTON NEW YORK FEBRUARY 11, 2 D11 Latri . IEtmaj [IkW 52 TENNANTVILLE ROAD, NORTHV TT-TA, NEW YORK 12 134 Pneme Address 1. PARTIES "BorrowwH at the end of this and the person's sumagNrs aEd usigns. means eadt person signing Note, "Lander" HOME SAVINGS OF AMERICA means and itssum:eanors and assigns. 2. BORROWER'S PROMISE TO PAY: INTEREST loan received from Iander, Barrower promises to pay tbo prhudpal sum of In retum fbr a ONE HUNDRED ŠWENTY-NINE THOUSAND SIX HUNDRED RIGHT AND 00 /1 OD DoHurs (Li.S.$ 129 , 60 8 . OO ), plus m the order of I miar. Intenst will be charged on unpaid primipal. from the date ofdisburganest of interest, the promals at therate of FIVE AND O O 0 /100 O percent kma by Iander, 5 . 000 per year untilthe fun amount at principal has been paid. ( 5) 3. PROMISE TO PAY SECUFIED Bornmer's promies to is securai a mortgage, deed oftrust or simihtr instnamat the isdated pay ty somnity Instrmnent." Instrument protects the Imds funn the same date as thisNote and calledto "Smurity The Searity losses which might resuh if Barrower defaults under this Note. 4. MANNER OF PAY MENT (A) Thee Borrower shallmake a payment of principmLand interentm Imder on the l a t day ofen± repnth begiming an. APRIL 1, 2 0 11 . Any principal and interestswrminl·g on the 18 t day of Date." MARCH, 2 04 1 , willbe due on mat data, which is calledthe "Mamrity (B) Man Payment shallbe made at 9 SYLVAN WAY, PARSIPPANY, NEW JERSEY D705 4 , orat anch othe phra as Imder mny designate in writingby notice to Borrower. (C) Amount Each mantuy paymat ofprimipal ant interest wal be in the eamust of U.S. $ 695 . 76 . Šhis ammunt willbe part of a Inger nonthly payment required by the Security Instrmnent, that shallbe applied to prindpal, interestand other itans in the on5er tiescribedinthe Security Instrument. ADamp to As NNa tr Fayment Asgustmats If = anauge providing fbr payment adjustmats in mecuted by Barrower together with thisNam, the cupr"$ of theallenge shnD be its:arporated into and shallar=ma and supplement the covenanta of thisNote as ifthe allenge were a partof this Note. MULTISTATE - FHA FlXED RATE NOTli rhwEmds sptygggs rage USFHA.NTE 09/25m9 Page 1 of 3 waw.4pessagis.oper 11 of 29 .... ... I ,.._.__ . . . . .. . .. ._ _____ . . . FILED:. . SARATOGA . COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 . ., ,., . .. . .I ..- .. (meek appliculae box..) ¡ Gme¾g Equky Allegp O Graduated Pument Allanga O Other [specifyk 6. BORROWER'S RIGHT TO PREPAY rightto thedebt.evidenced thisNote, in whole or inpart, wiffmat charge or pensity, Barmww has the pay by shallaccept prepaynma an other daya provided thatBarnmer pes interest on the fhat day of any month. Inuier mmMer the month tothe exaxa requirad Vswler and permined by regulations cm the anxmm prepaid for the of by Borrower makes a partial there will be no changes in the due date or inthe amount of thesecretary. If pmpayment, of the payment unless Imder agrees inwriting to those dianges. monthly 6. BORROWER'S FAIL.URE TO PAY (A) Imte Charge Ior Overdue P)yments lander bus mt received the fell paymem required the Seunity Instnunent, as described in If mantMy by the end of fifteenmirrhr days aftertim payment is due, Lander mgy callect a late Paragraph 4(C) of thisNote, by charge in the amount of FOUR AND 000 /10 0 0 pacent ( 4:. 000 %) of theoverdue amount of esch payment. 90 DetaeAt IfBorrower defaults to in fhR any monthly payment the Leader may, except as limited by by failing pay requirsimmedisra payrmat infu11of theprincipalManna regulations ofthe Secretary in thecase ofpayment defaults, allaccrued irnerest I.ander choose not toexeuáme this aption without waiving itstights in r-mainmg due and may the event of subsequent default. In circ*mstances, regulations issuedby theSecreary will lindtlader's any many rightsto require inanediatepayment infuH in thecase ofpaymem defauhs. This Note does not milerize accelmation "Secretary" mad when mt permitted HUD regulations. As used inthis Note, means the Secretary of Housing by Urban Developmeer or his arher designee. (C) Paymet of Costa imd Expenses If12"xlar has requiredimmediate payment as demribed in fall, above, lander mmy requireBarrower to pay asts attorneys' exterztnotpmhibite8 sad expenses masonable and astomary fees fbrenforcing thisNote tothe inchuling applicable law. Smh fees and esta shallbear interestfrom the date of disbursem*nt atthe same rate as the by principal of thisNote. 7. WAIVERS Barmwer und oeur person who has obugatienn under thisNote waive the rightsof preamtment and notice any "Premnerrent" deemnd amounts due. "Notice of of dishonor. means the rightto require IAnder to payment of Dishonor" r enriar ther amounts due have not been paid, means the rightto require to givenotice to other persons 8. GIVING OF NOTICES Unless applicable law requirea a differentmethod, any notice that most be given to Barrower ander thia Note willbe given iter it firstclassmail toBorrown atthe Property Address above or ata by delivering by mriling by differentaddress if Borrower has give Inder a retice of Barrower's differmt address, nmics that must be given to T mubr under this Note will be givm by deliveing k or by =iling itby first Any classmail to Imder atthe address stated inParagraph 4(B) or at adifferent address ifBorrower isgiven a noticeof that difhrent address. B. OBLIGATMNS OF PERSONS UNDER THIS NOTE Ifnere than one purgon migns this each person is and obligated tokeep all ofthe pmmises Note, fully personally made in this tbp promise to the fullunpunt owed. Any person who is aguarantor, surety or Note, including pay endotter Note also obligated do thesethings. person who takes over theseoblitatim including ofthis is to Any the obligatinnaof a guaramer, or cux1ormerof this Note, isalso obligated to all ofthe prominee made in surety keep - FHA NOTE DecimpaHENstess 880488- Mez ISULTLSTATE RKED RATE USRIARM o9/2Bma INge 2 of 3 wwwAsameh.emu 12 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 under thisNote against eads person individually ar against allsignalmies this Note. fander mg Sfbece hs rights Note be required m s11 ofthe amounts owed usier thisNote. togeemr. Any me person nigEdng this mg pay agrees to the teens and covenants onatai'wd in thisNote. BY SIGNING BELOW. Barower accepts and (Sean Ginan -Barrower -Borrower . (Sea0 (Sea0 -Borrower -Barrower (SeeD (SeaU -Borrower -Ikrrower PAY TO THE ORDER OF: yñTHOUT RE COURSE AMERICAN FINANCIAL RESOURCES, INC. 9 SYLVAN WAY LPPANY, NJ 07054 M. MORO _LA - POST CLOSING MANAGIER mæ,wows - R4A NOTE pegggagIn spignmms me-se- FM MULTIETATE RKED RATE Page 3 of 3 www.A- .eam UBrHA.NTE 09125m9 13 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 NOTE AIJDNGE BORROWER(5) NAME: GREGORY K. RAJCE1 FROFERTV ADDRESS: 52 UCNNANTVRLE ROAD NORTRVUM NY 12134 LOAN AMOttNT: $ 12 g 608 . 00 , RAH OF I.05: FEBRUARY 1 1 201 1 , PAY TO THE ORDER OF: AMlQUCAN NNANCIAL RESO) INC. MS SUCCESSORS ANDmR ABSIGNS WHHOUT RECOURRE HOlgE BAVINGS OF AMERICA h PRDITED NAMEf1TILE 14 of 29 FILED: SARATOGA COUNTY CLERK 09/07/2022 10:45 AM INDEX NO. EF20221968 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/07/2022 SARATOGACOUNTY-STATEOFNEW YORK KATHLEEN A. gAMCHIONE, COUNTY CUiRK 40 MCMA5TERSTREET, BALLB10N 8PA, NY112830 eOuNTyci.mucs-PAms DETACH"= **"TrnSPAGGISPARTOF THE DOCuIENT -DO NOT Recording: Pages 5D.00 Cover sheet Fee 5.00 II Recording Fee 20.00 Education Fee 20.00 Names 0.00 RECEIPT No. : 2011211679336 sub Total : 95.00 C1erkt TF Basic Tax Amount 64B.00 Instr #: 20110D6146 50NYMA Tax Amount 324.D0 Rec Date: 02 /14/ 2011 02:36:15 PM CDTA Tax Amount 299.00 Doc Grp: X Descrip: MORTGAGE Sub Total: 1271.00 Num P9s: 11 Party1: RA3CZI GREG0RY K Total : 1366.00 **** **** Party2: MORTGAGE ELECTRONIC REGISTRATION NOTICE: THI5 IS NOT A BILL SYSTEMS AS NONINEE FOR LENDER Town: EDINBURG ***** ***** Mortgage Tax Serial #: as-9316 Calc Method: 1-2 Fami1y Home
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Case Number: 24STCV02397 Hearing Date: August 8, 2024 Dept: 58 Judge Bruce Iwasaki Department 58 Hearing Date: August 8, 2024 Case Name: Citizens Bank, N.A. v. American City Bank, et al. Case No.: 24STCV02397 Motion: OSC Re: Default Judgment Moving Party: Plaintiff Citizens Bank, N.A. Responding Party: None as of August 7, 2024. No motion to set aside pending. Tentative Ruling: Plaintiff fails to state a cause of action against Defendants. if the complaint fails to state a cause of action, a default judgment is erroneous and will be set aside on appeal. (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154; Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 282.) Plaintiffs request for default judgment must therefore be denied. Background Plaintiff holds a Deed of Trust as to real property located at 1912 Las Flores Drive, Los Angeles, CA 90041 dated April 28, 2008, as Instrument No. 20080733829 (Plaintiffs DOT). Plaintiffs DOT is a second priority deed of trust against the property. Plaintiff filed this action seeking to cancel two other deeds of trust that were recorded prior to Plaintiffs DOT: (1) the deed of trust dated October 19, 1970 and recorded on October 21, 1970 held by Defendant American City Bank (Cloud DOT One); and (2) the deed of trust dated February 19, 1982 and recorded on February 26, 1982 held by Defendant Aetna Finance Corporation. On January 30, 2024, Plaintiff filed a complaint for (1) cancellation of instruments and (2) declaratory relief. Discussion Legal Standard Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. A party seeking judgment on the default by the court must file a Request for Court Judgment and the following documents: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursem*nts; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys fees if allowed by statute or by the agreement of the parties. (Cal. Rules of Court, rule 3.1800.) A defendant who defaults admits only facts well pleaded in the complaint. Thus, if the complaint fails to state a cause of action, a default judgment is erroneous and will be set aside on appeal. (Molen v. Friedman (1998) 64 Cal.App.4th 1149, 1153-1154; Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 282.) If the complaint fails to state a cause of action or the allegations do not support the demand for relief, the plaintiff is no more entitled to that relief by default judgment than if the defendant had expressly admitted all the allegations. Such a default judgment is erroneous, and will be reversed on appeal. (6 Witkin, Cal. Proc. (6th ed. 2021), PWT, §223).) Plaintiff fails to state a claim for cancellation of instrument Civil Code section 3412 states that a written instrument may be cancelled if there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable. To prevail on a claim to cancel an instrument, a plaintiff must prove (1) the instrument is void or voidable due to, for example, fraud; and (2) there is a reasonable apprehension of serious injury including pecuniary loss or the prejudicial alternation of one's position. (Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1193-1194.) Plaintiff fails to plead any basis to cancel Cloud One DOT or Cloud Two DOT. Defendants have therefore not admitted to any facts that would entitle Plaintiff to the cancellation of either DOT. Plaintiff fails to allege any facts entitling them to a declaratory order finding that it has priority over Cloud One DOT or Cloud Two DOT Plaintiff fails to allege a declaratory relief cause of action. To be entitled to declaratory relief the party need not establish a right to a favorable declaration. A complaint for declaratory relief is legally sufficient if its sets forth facts showing the existence of an actual controversy relating to the legal rights and duties of the parties under a written instrument or with respect to property and requests that the rights and duties of the parties be adjudged by the court. (Lockheed Corp. v. Continental Ins. Co. (2005) 134 Cal.App.4th 187, 221.) The complaint is sufficient if it shows an actual controversy; it need not show that plaintiff is in the right. (Id. at 222.) Plaintiff fails to allege an actual controversy with Defendants. Plaintiff contends that its right, title and interest is first priority, paramount, and free and clear of all interest of Defendant and all other parties, as of April 28, 2008, and at all times thereafter. (Complaint, ¶15.) However, Plaintiff fails to allege that Defendants affirmatively dispute this position. Plaintiff alleges, Plaintiff is informed and believes that each of the Defendants may dispute Plaintiffs contentions therein. (Complaint, ¶16.) Plaintiff has not alleged an actual controversy. Plaintiff has alleged a possible controversy. Plaintiffs Request for Default Judgment is denied for failure to state a cause of action against Defendants Plaintiff fails to state a cause of action against Defendants. Plaintiffs request for default judgment must therefore be denied.
Ruling
FAMILY CHRISTIAN CATHEDRAL A CALIFORNIA NONPROFIT RELIGIOUS CORPORATION, ET AL. VS GOAL PROPERTIES INVESTMENTS, A CALIFORNIA CORPORATION, ET AL.
Aug 14, 2024 |21STCV24343
Case Number: 21STCV24343 Hearing Date: August 14, 2024 Dept: 20 Tentative Ruling Judge Kevin C. Brazile Department 20 Hearing Date: August 14, 2024 Case Name: Family Christian Cathedral, et al. v. Goal Properties Investments, et al. Case No.: 21STCV24343 Matter: Motions to Compel (3x) Moving Party: Defendant Goal Properties Investments Responding Party: Plaintiffs Family Christian Cathedral Notice: OK Ruling: The Motions are granted. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. Defendant Goal Properties Investments seeks to compel Plaintiff Family Christian Cathedral to provide initial responses to its special interrogatories (SI), set three, and requests for production, set two. Defendant Goal Properties Investments also seeks to compel further responses to its SI, set two, from Plaintiff Family Christian Cathedral. With respect to initial responses, Plaintiff indicates that responses were served on April 8, 2024. Defendant argues that the responses are nonsensical and that Plaintiff Dr. Jynonna Norwood cannot and should not be allowed to be responding to discovery requests on behalf of an entity, as the Court previously agreed. Because responses were provided when Plaintiff was unrepresented, the Court deems the responses a nullity. The two Motions to Compel initial responses are granted. Responses, without objections, are to be served within 30 days. The Court awards reduced sanctions in the total amount of $1,250. As to further responses for SI, set two, Plaintiff argues the Motion is untimely. This lacks merit; there was an agreement by former counsel that the deadline should be stayed until we can work this out (or not). Furthermore, the record clearly shows meet and confer attempts through at least February 2024 when the Motion was filed. Because Plaintiff has failed to address the propriety of its responses, the Motion to Compel is granted. Further responses are to be provided within 30 days. The Court awards reduced sanctions in the amount of $1,250. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.
Ruling
DANIEL CROWLEY VS EVA NORRIS, ET AL.
Aug 12, 2024 |24VECV00706
Case Number: 24VECV00706 Hearing Date: August 12, 2024 Dept: W DANIEL CROWLEY v. EVA NORRIS, et al. motion for interlocutory judgment of partition and appointment of refeeree Date of Hearing: August 12, 2024 Trial Date: None Set Department: W Case No.: 24VECV00706 Moving Party: Plaintiff Daniel A. Crowley Responding Party: No opposition BACKGROUND On February 16, 2024, Plaintiff Daniel A. Crowley filed a complaint for partition of real property against Eva Norris and Preferred Ventures Corp. (erroneously sued as Preferred Lending Group). Plaintiff alleges Defendant has refused to voluntarily sell the Property or buy out Plaintiffs interest. Accordingly, Plaintiff has filed this complaint to have the Property partitioned, thereby ending the co-ownership relationship. Plaintiff dismissed Preferred Lending Corp. on June 18, 2024. A Lis Pendens on the subject property was filed February 29, 2024. [Tentative] Ruling Plaintiffs Motion for Interlocutory Judgment of Partition and Appointment of Referee is GRANTED. DISCUSSION Plaintiff Daniel A. Crowly moves this court for an interlocutory judgment of partition and appointment of referee with regard to the partition of the condominium located at 20950 Oxnard Street, Apartment 34, Woodland Hills, CA 91367, Assessors Parcel Number 2149-018-048 (the Property). Code of Civil Procedure section 872.720(a) provides that if the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition and the manner of partition. (CCP § 872.720(a).) A partition action may be commenced and maintained by any of the following persons: (1) A co-owner of personal property. (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. (CCP §872.210(a).) The court shall order that the property be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment. (CCP §872.810.) Here, the court finds the elements for partition have been met. First, there is no indication that Plaintiff has waived their right to petition the Property. (See Crowley Decl. ¶6.) Second, Plaintiff and Defendant each hold an undisputed 50% title interest in the Property. (Talkov Decl. ¶5, Exhs. 1, 3.) Third, the manner of partition must be partition by sale since the condominium cannot be divided. Further, Plaintiff has nominated Matthew Taylor, Esq. as referee, and there being no objection to the nomination, the court finds good cause to appoint Mr. Taylor as referee to market and sell the Property. Mr. Taylor attests to being an experienced attorney in the field and will hire a real estate broker to market the Property. (Taylor Decl. ¶8.) There is also no objection to any of the proposed instructions to the referee so the instructions should be approved. Mr. Taylor is to post a $5,000 bond within four court days as set forth in the Motion. As referee, Mr. Taylor shall perform an accounting to determine an equitable allocation of partition costs and disbursem*nt of proceeds. (See CCP 872.140; 873.820(d).) Mr. Taylor shall also file a report with the court upon the completion of the sale in conformance with Code of Civil Procedure section 873.710. Accordingly, Plaintiffs Motion for Interlocutory Judgment of Partition and Appointment of Referee is GRANTED.
Ruling
Alexis Garcia vs. Fabiola Garcia
Aug 06, 2024 |20CECG02573
Re: Garcia v. Garcia et al. Superior Court Case No. 20CECG02573Hearing Date: August 6, 2024 (Dept. 403)Motion: Default JudgmentTentative Ruling: To deny without prejudice.Explanation: Plaintiff in this action is one of three persons each holding a 1/3 interest in the realproperty described in the Complaint. Plaintiff seeks an order selling the property. Whilethe two named co-owners are in default, the papers submitted are deficient. On 8/22/22 the court denied default judgment because plaintiff failed to serve“All Persons who claim an interest in Real Property Described in the Complaint”(hereinafter “All Persons …”). While that deficiency has been cured, the court directedthat, “in any future request for court judgment, plaintiff must file a prove-up brief(memorandum of points and authorities) summarizing the evidence to be submitted andthe relief to be requested, and any legal analysis needed. In this case, plaintiff is seekingpartition. The partition statutes (Code Civ. Proc., §§ 872.010 - 874.240) have no specialprovisions for obtaining default judgment, so plaintiffs must follow the procedures toobtain default in a civil action (id., §§ 585 – 587.5). A prove-up brief provides the criticalfocus for the court’s attention. And particularly in a partition action, it helps inform thecourt that plaintiffs are aware of the unique procedural requirements involved, includingthe fact that the judgment proceeds in two stages (interlocutory and final) and that areferee will usually need to be nominated and appointed for the interlocutory stage.”(See 8/18/22 Minute Order.) Under Local Rule 2.1.14 default judgment packets are to be filed at least 10 courtdays prior to the reserved hearing date. Inasmuch as plaintiff has not submitted anythingin connection with this hearing, or even requested court judgment on Judicial Councilform CIV-100, the court cannot rule on the matter at this time. Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Proceduresection 1019.5, subdivision (a), no further written order is necessary. The minute orderadopting this tentative ruling will serve as the order of the court and service by the clerkwill constitute notice of the order.Tentative RulingIssued By: JS on 8/2/2024 . (Judge’s initials) (Date)
Ruling
MARY LOU KRAMER, TRUSTEE OF THE KRAMER FAMILY TRUST DATED DECEMBER 2, 2003 VS RICARDO OROSCO MARTINEZ, TRUSTEE OF THE MARTINEZ FAMILY REVOCABLE LIVING TRUST DATED JUNE 18, 2018, ET AL.
Aug 08, 2024 |22NWCV01016
Case Number: 22NWCV01016 Hearing Date: August 8, 2024 Dept: C KRAMER v. MARTINEZ CASE NO.: 22NWCV01016 HEARING: 08/08/24 #7 Defendant RICARDO OROSCO MARTINEZs Moton to Compel MARCUS MARTINEZ to (1) Provide Verified Responses to Request for Production of Documents (set one); and (2) to Compel Compliance with Responses to Request for Production of Documents (set one) is GRANTED. Moving Party to give Notice. Defendant RICARDO OROSCO MARTINEZ (Ricardo) moves to compel Defendant MARCUS MARTINEZs (Marcus) to verify his responses to Request for Production of Documents (set one); and to compel Marcus compliance with his responses agreeing to produce documents to Request for Production of Documents (set one). The relevant facts are as follows: Ricardo served document demands on July 24, 2023. In unverified responses served on September 12, 2023, Marcus agreed to produce documents to Request Nos. 1, 2, 4, 6, 7, 8, 9, and 10 by October 26, 2023. (Martinez Decl., ¶8.) To date, Marcus, has not produced a verification or documents in response to Request for Production of Documents (set one). As of August 5, 2024, no Opposition and no Reply has been filed/lodged with the Court. The party to whom the demand for inspection, copying, testing, or sampling is directed shall sign the response under oath unless the response contains only objections. (CCP §2031.250(a).) Where verification is required, an unverified response is equivalent to no response at all. (See Appleton v. Sup. Ct. (1988) 206 Cal.App.3d 632. 636.) Marcus served hybrid response which contained objections and some substantive answers. Marcus hybrid responses are not verified. The Motion to Compel Verified discovery responses is GRANTED. Marcus is ORDERED to provide the outstanding verification(s) to Request for Production of Documents (set one) by no later than 10 days from the date of the Courts issuance of this Order . (a) Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identified with the specific request number to which the documents respond. (b) The documents shall be produced on the date specified in the demand& unless an objection has been made to that date. If the date for inspection has been extended& the documents shall be produced on the date agreed to pursuant to that section. (CCP §2031.280 (a-b).) It is undisputed that, to date, Marcus has failed to produce documents that he had agreed to produce. The Motion is GRANTED. Marcus is ORDERED to produce documents responsive to Request for Production of Documents (set one) by no later than 10 days from the date of the Courts issuance of this Order. The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorneys fees, incurred by anyone as a result of that conduct. (CCP §2023.030(a).) Except as provided in subdivision (d), the court shall impose a monetary sanction& against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel compliance with a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circ*mstances make the imposition of the sanction unjust. (CCP §2031.320(b).) The Court finds that reasonable sanctions in favor of Defendant Ricardo Orosco Martinez are warranted. Defendant Marcus Martinez is ORDERED to pay Defendant Ricardo Orosco Martinez and their counsel of record reasonable sanctions in the total amount of $650.00 ($325/hr. x 2) by no later than 30 days from the Courts issuance of this Order.
Ruling
SANDERS vs ARCPE 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
Aug 07, 2024 |Unlimited Civil (Other Real Property (not emin...) |24CV008962
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008962: SANDERS vs ARCPE 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY,08/08/2024 Hearing on Motion - Other to Stay Unlawful Detainer Action in Department 54Tentative RulingPlaintiff Linda Sanders’ (“Plaintiff” or “Ms. Sanders”) motion to stay unlawful detainer action orin the alternative to consolidate is DENIED as follows.This is an action to set aside a non-judicial foreclosure and for declaratory relief arising out ofthe non-judicial foreclosure sale of property located at 236 Edelweiss Way, Galt, CA 95632 (the“Property”). (See, generally, First Am. Compl.)Ms. Sanders filed the Complaint on May 7, 2024, and the operative First Amended Complaint onJune 5, 2024 (“FAC”). She alleges in the FAC, in pertinent part: 5. Plaintiff’s ex-husband, Willie Sanders, executed a Promissory Note and a Deed of Trust in favor of Harborside Financial Network, Inc. when he was the sole owner of the Property. Ms. Sanders is not a signatory to either the note or deed of trust. 6. Subsequently, in or about 2010, Mr. Sanders deeded an interest in the Property to Ms. Sanders and that deed was recorded with the Sacramento County Recorder's Office. 7. After Mr. Sanders filed for bankruptcy, the Deed of Trust became a Zombie Mortgage. That is, neither Harborside or any subsequent assignee of the Deed of Trust provided the monthly statements required under 15 USCA 1638 and 12 CFR 7026.7. 8. At some point in time, the note and Deed of Trust were purchased by ARCPE [1, LLC (“ARCPE”)] and Mr. Sanders apparently defaulted under the note. 9. However, even though Ms. Sanders was on title to the Property and ARCPE had constructive notice of her interest in the Property, she was not provided a Notice of Default and Intent to Sell and she was never served a Notice of Trustee Sale all in violation of Civil Code § 2924b. . . . .... 11. In or about 2024, ARCPE conducted a non-judicial foreclosure sale of the Property and purchased the Property under a credit bid. Page 1 of 4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008962: SANDERS vs ARCPE 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY,08/08/2024 Hearing on Motion - Other to Stay Unlawful Detainer Action in Department 54 12. Thereafter, ARCPE served a notice to vacate on all occupants of the Property. This is when Ms. Sanders learned that the Property had been sold at a non-judicial foreclosure sale. . . . ARCPE is now seeking to evict Ms. Sanders from the Property.(FAC ¶¶ 5-12.)As referenced in Ms. Sanders’ allegations, ARCPE sought to obtain possession of the Propertyafter the foreclosure sale. It filed a verified complaint for unlawful detainer against Ms. Sanderson April 11, 2024. The unlawful detainer (“UD”) action is captioned ARCPE 1, LLC v. Sanders;its case number is 24UD02344.In the instant motion, Ms. Sanders seeks an order staying the UD action or, in the alternative,consolidating the two cases since this action concerns title and equitable rights in the sameproperty as the UD action.Ms. Sanders filed this motion on May 9, 2024. Since that time, default judgment has beenentered against her in the UD action. (See Judgment – Unlawful Detainer, July 22, 2024 in24UD02344.[1]) Review of the UD action’s register of actions reflects that Ms. Sanders demurredto the UD action on May 10, 2024. The Honorable Stephen Lau overruled the demurrer on June10, 2024, and ordered Ms. Sanders to file an answer by June 18, 2024 by 4:00 p.m. (OrderRegarding Demurrer, June 11, 2024 in 24UD02344.) Judge Lau’s Order stated that if Ms.Sanders “fails to answer, a default may be requested and a default judgment be entered.” (Ibid.)Default was entered against Ms. Sanders in the UD action on July 19, 2024, and judgment wasentered by the clerk by default (possession only) on July 22, 2024.[2] The judgment states thatARCPE “is entitled to possession of the [Property].” (Judgment – Unlawful Detainer, July 22,2024 in 24UD02344 at p. 2.)As judgment has been entered in the UD action, there is nothing to stay or consolidate with thisaction. Accordingly, the motion is denied as moot.Further, the Court notes that Ms. Sanders filed this motion in the wrong department and/oraction. To the extent the motion sought a stay of the UD action, Ms. Sanders did not provide anyauthority to support that this Court has the authority to stay the earlier-filed UD action. Further,motions to consolidate are to be heard by the Presiding Judge. (See Local Rule 1.05 [Unlessotherwise directed by the Presiding Judge, in civil and limited civil actions, all motions forconsolidation . . . shall be heard by the Presiding Judge.”].)For the stated reasons, Ms. Sanders' motion is denied.This minute order is effective immediately. No formal order or other notice is required. (CodeCiv. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.) Page 2 of 4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008962: SANDERS vs ARCPE 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY, 08/08/2024 Hearing on Motion - Other to Stay Unlawful Detainer Action in Department 54[1] The Court takes sua sponte judicial notice of the filings in the UD action.[2] “The clerk’s entry of default cuts off the defendant's right to take furtheraffirmative steps such as filing a pleading or motion, and the defendant is not entitled tonotices or service of pleadings or papers. ‘A defendant against whom a default isentered is out of court and is not entitled to take any further steps in the cause affectingplaintiff's right of action.’ Thus, the defendant may not, until the default is set aside in aproper proceeding, file pleadings or move for a new trial, or demand notice ofsubsequent proceedings. If the judgment were vacated it would be the duty of the courtimmediately to render another judgment of like effect, and the defendants, still being indefault, could not be heard in opposition to it. (6 Witkin Cal. Proc. Proceedings WithoutTrial (2024) § 215 [citing cases].)NOTICE:Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on thiscalendar must comply with the following procedure:To request limited oral argument, on any matter on this calendar, you must call the Law andMotion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before thehearing and advise opposing counsel. At the time of requesting oral argument, the requestingparty shall leave a voice mail message: a) identifying themselves as the party requesting oralargument; b) indicating the specific matter/motion for which they are requesting oral argument;and c) confirming that it has notified the opposing party of its intention to appear and thatopposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If norequest for oral argument is made, the tentative ruling becomes the final order of the Court.Unless ordered to appear in person by the Court, parties may appear remotely eithertelephonically or by video conference via the Zoom video/audio conference platform with noticeto the Court and all other parties in accordance with Code of Civil Procedure §367.75. Althoughremote participation is not required, the Court will presume all parties are appearing remotely fornon-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear onZoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NOCOURTCALL APPEARANCES WILL BE ACCEPTED.Parties requesting services of a court reporter will need to arrange for private court reporter Page 3 of 4 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008962: SANDERS vs ARCPE 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY,08/08/2024 Hearing on Motion - Other to Stay Unlawful Detainer Action in Department 54services at their own expense, pursuant to Government code §68086 and California Rules ofCourt, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy forOfficial Reporter Pro Tempore available on the Sacramento Superior Court website athttps://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved OfficialReporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.pdf.A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to besigned by each party, the private court reporter, and the Judge prior to the hearing, if not using areporter from the Court’s Approved Official Reporter Pro Tempore list.Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiverand requests a court reporter, the party must submit a Request for Court Reporter by a Party witha Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearingor at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerkwill forward the form to the Court Reporter’s Office and an official reporter will be provided. Page 4 of 4
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