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Case Information

Filed 2022-10-05
Status Pending
Type 26 Cv Other Real Property Civil Unlimited
Docket 98 entries
Disposition dismissed

Parties

Plaintiff Rolin, Roger
Defendant Rolin, Shannon | Rolin, Christopher Karl | Flagstar Bank, N.a. | Flagstar Bank, Fsb | Mortgage Electronic Registration Systems, Inc.
Photo of Hon. Zulfa David

Judge

Hon. Zulfa David

Kern County (CA)

California

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Lawyers

Docket Entries

  1. View Document Rejection/Correction Notice Comment SUMMONS: Party names do not conform exactly to complaint.
  2. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Comment Re: 3.110 Hearing Date: 01/25/2023 Hearing Time: 8:30AM Hearing Department/Division: J
  3. Unserved Served 10/27/20228:37 AM Served 10/20/20222:20 PM Served 11/02/20229:49 AM
  4. View Document Rejection/Correction Notice Comment To: Michael Kilpatrick Re: Summons Reason: The Case number listed on the Summons is incorrect.Please review.
  5. Comment AS TO CHRISTOPHER KARL ROLIN, VIA PERSONAL SERVICE
  6. Comment as to Paramount Residential Mortgage Group, Inc., via personal service
  7. Comment as to First American Title Company, via personal service
  8. Judicial Officer Bradshaw, J. Eric Comment ***GRANTED This matter came before this Court on the foregoing Stipulation to Extend Time for defendant FIRST AMERICAN TITLE COMPANY to respond to plaintiff's Complaint. Good cause showing, the Court hereby continues the time for defendant FIRST AMERICAN TITLE COMPANY to file a responsive pleading thirty (30) days after filing of plaintiff's Amended Complaint. Plaintiff shall give notice of this order.
  9. View Document Rejection/Correction Notice Comment Re: Further Stipulation to Extend Time for Defendant First American Title Company to Respond to Plaintiff's Complaint, filing requires a fee of $20 please select the correct filing code.
  10. Judicial Officer Zulfa, David Comment Further Stipulation to Extend Time for Defendant First American Title Company to Respond to Plaintiff's Complaint This matter came before this Court on the foregoing Further Stipulation to Extend Time for Defendant FIRST AMERICAN TITLE COMPANY to respond to Plaintiff's Complaint. Good cause showing, the Court hereby continues the time for Defendants FIRST AMERICAN TITLE COMPANY to file a responsive pleading thirty (30) days after filing of Plaintiff's Amended Complaint.
  11. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held
  12. View Document Rejection/Correction Notice Comment Re: Amendment to Complaint DOES 2 and 3, document needs a section for Judicial Officer to approve and sign. Please list which party name will be assigned to DOE 2 and DOE 3.
  13. Comment for Order for Publication of Summons hearing date 02/01/2023 at 8:30 a.m. in Division J
  14. Comment of Ruling
  15. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment 1/26/23 Plaintiff Ex Parte Application for Order for Publication of Summons
  16. Comment Amendment to Complaint re DOE 2 as Flagstar Bank, N.A.; and DOE 3 as Flagstar Bank, FSB.
  17. Comment Re-noticed 2/8/2023 of Defendant First American Title Company to Plaintiff's First Amended Complaint
  18. View Document Rejection/Correction Notice Comment Re Defendant First American Title Company's Demurrer to First Amended Complaint: Address of the Court listed in line 23/24 is incorrect, correct address is 1215 Truxtun Avenue. Please file a Re-notice of the Demurrer
  19. Judicial Officer Zulfa, David Comment IT IS ORDERED that the application be and hereby is granted. The Summons shall be published in the Tehachapi News in regard to Defendant Shannon Rolin. In addition to service by publication, Plaintiff shall post the Summons at the subject location.
  20. Comment Defendant First American Title Company's Amended Notice of Demurrer
  21. Comment Attorney for Defendant First American Title
  22. Comment Notice of Motion and Motion to Strike Portions of the First Amended Complaint; Memorandum of Points and Authorities in Support; Declaration of Counsel
  23. Comment Request for Judicial Notice in Support of Demurrer to First Amended Complaint and Motion to Strike
  24. Comment Notice of Demurrer and Demurrer to First Amended Complaint; Memorandum of Points and Authorities in Support; Declaration of Counsel
  25. Comment First American Title Insurance Company's Re-Notice of Demurrer Hearing Advancing to April 10, 2023
  26. View Document Rejection/Correction Notice Comment Re Request for Dismissal: Please Mark Section 1(b) (1) if the Party being Dismissed is listed in the Complaint; Please ensure title of Party being dismissed conforms to the Complaint/Amended Complaint.
  27. View Document Rejection/Correction Notice Comment Re Notice of Association of Counsel: Case Number listed on the Document does not conform to the filing
  28. Comment of Association of Counsel
  29. Comment PRMG's Notice of Demurrers and Demurrers to Plaintiff's First Amended Complaint
  30. Comment Memorandum of Points & Authorities ISO PRMG's Demurrers to FAC
  31. Comment Request for Judicial Notice ISO PRMG's Demurrers to FAC
  32. Comment Proof of Service re: PRMG's Demurrer
  33. Comment Meet and Confer Declaration of Patrick J. Kane In Support of PRMG's Demurrers to Plaintiff's First Amended Complaint
  34. Comment Proof of Service re: PRMG's Meet and Confer Declaration re: Demurrers
  35. Comment as to Defendant Paramount Residential Group's Case Management Statement
  36. Comment Opposition to PRMG's Demurrer to First Amended Complaint, Memorandum of Points and Authorities
  37. Comment Opposition to Flagstar N.A's Demurrer to First Amended Complaint
  38. Comment Opposition to Firs American Title Insurance Company's Demurrer to First Amended Complaint
  39. Comment DEFENDANT FIRST AMERICAN TITLE COMPANY'S MEMORANDUM OF POINTS AND AUTHORITIES IN REPLY TO OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT
  40. Comment Notice of Posting Jury Fees for Defendant First American Title Company
  41. Comment Reply in Support of Flagstar's Demurrer to First Amended Complaint
  42. Comment Reply in support of PRMG's Demurrers to Plaintiff's First Amended Complaint
  43. Comment Proof of Service re: Reply in Support of Demurrer to PL First Amended Complaint
  44. View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held
  45. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment Cont'd from 01/25/23
  46. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment 2/23/2023 Flagstar Bank Demurrer to First Amended Complaint
  47. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment 2/23/2023 Flagstar Bank Motion to Strike Portions of the First Amended Complaint
  48. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment NOTICED 2/8/2023 RENOTICED: 2/27/2023 Defendant First American Title's Demurrer to the First Amended Complaint-
  49. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Held Comment 3/10/2023 Defendant PARAMOUNT RESIDENTIAL MORTGAGTE GROUP, INC Demurrer
  50. Comment of Ruling on Flagstar's Demurrer and Motion to Strike Portions of First Amended Complaint
  51. Comment of Ruling on PRMG's Demurrer to Plaintiff's First Amended Complaint
  52. Comment Re Notice of Ruling on PRMG s Demurrers to Plaintiff s FAC
  53. Comment of Ruling
  54. Comment of Ruling re: Defendant First American Title Company's Demurrer to First Amended Complaint
  55. Comment Amended Proof of Service re Notice of Ruling re: Defendant First American Title Company's Demurrer to First Amended Complaint (Comment)
  56. Judicial Officer Zulfa, David Comment Sustaining Defendant First American Title Company's Demurrer to First Amended Complaint IT IS HEREBY ORDERED AS FOLLOWS: 1. First American's demurrer to the third cause of action for negligence is sustained without leave to amend. 2. First American's demurrer to the fourth cause of action for fraud is sustained with leave to amend. Plaintiff shall have until April 24, 2023 to file a Second Amended Complaint.
  57. Comment of Olivier J. Labarre Regarding No Objections to Proposed Order
  58. Comment of Entry of Order
  59. Judicial Officer Zulfa, David Comment on Flagstar's Demurrer and Motion to Strike Portions of the First Amended Complaint IT IS HEREBY ORDERED as follows: 1. Flagstar's Demurrer is sustained with leave as to the first and second causes of action for Quiet Title and Partition; 2. Flagstar's Demurrer is sustained without leave as to the third and fourth causes of action for Negligence and Fraud and Deceit; 3. Flagstar's Motion to Strike is granted, in part, and denied in part. That portion of the First Amended Complaint located on Page 18 of the First Amended Complaint and that reads as follows is hereby stricken from the pleading: "9. For punitive damages." The Court denies the request to strike any other portion of the First Amended Complaint. 4. Plaintiff is granted leave to file and serve an amended Complaint by no later than April 24, 2023; IT IS SO ORDERED.
  60. Judicial Officer Zulfa, David Hearing Time 8:30 AM Cancel Reason Renotice Filed Comment Renoticed: 2/8/2023 DEF. FIRST AMERICAN TITLE'S DEMURRER TO FIRST AMENDED COMPLAINT
  61. View Document Rejection/Correction Notice Comment Re Summons: Please list the Defendants in the space provided, if more space is needed, please use SUM200 (A), and exactly in the order as they are listed in the Second Amended Complaint; Title of the Summons should be Summons as to the Second Amended Complaint;
  62. View Document Rejection/Correction Notice Comment Re Summons First American Title Company is not a Party as per the Second Amended Complaint; Case Number listed on Attachment is incorrect
  63. View Document Rejection/Correction Notice Comment Re Summons Case Number listed on Attachment does not conform
  64. View Document Rejection/Correction Notice Comment SECOND AMENDED COMPLAINT: Second Amended Complaint filed 04/24/2023.
  65. View Document Rejection/Correction Notice Comment Re Summons: Spelling of the Plaintiff and Defendants Mortgage Electronic Registration Systems, Inc.does not conform to the 2nd Amended Complaint
  66. View Document Rejection/Correction Notice Comment Re Summons Please ensure spelling of Defendants Mortgage Electronic Registration Systems, Inc. conforms to the Second Amended Complaint
  67. Comment as to the Second Amended Complaint
  68. Judicial Officer Zulfa, David Hearing Time 8:30 AM Cancel Reason Pre-Cleared Reservation Expired Comment Defendant Flag Star Bank's Ex Parte Application to Dismiss Case for failure to file first amended complaint- Reserved 4/25/2023 Due 5/1/2023 by Noon- Wendy 714 250 3667
  69. Comment of Entry of Order on Defendant Flag Star Bank's Demurrer and Motion to Strike
  70. Comment as to 2nd Amended Complaint as to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., via Personal service
  71. Comment Previous Attorney: Oliver J. Labarre New Attorney: Nicole S. Dunn
  72. Comment ***FIRST PAPER FILING ****
  73. View Document Rejection/Correction Notice Comment RE: PRMG's Disclaimer of Interest in the Real Property at Issue in Plaintiff's Second Amended Complaint,. filing requires a fee, please select filing code " Declaration and Order $20" when submitting.
  74. Judicial Officer Zulfa, David Comment PRMG's Disclaimer of Interest in the Real Property at Issue in Plaintiff's Second Amended Complaint; Request for Dismissal The Court, having considered Defendant, Paramount Residential Mortgage Group, Inc.'s ("PRMG"), Disclaimer of Interest ("Disclaimer") in the real property that is the subject of Plaintiff, Rodger Rolin's ("Plaintiff"), Second Amended Complaint to Quiet Title; for Partition; Breach of Contract; Fraud and Deceit; and Elder Abuse ("SAC") filed on April 24, 2023, and good cause appearing, it is hereby ORDERED that: 1. PRMG's Disclaimer is hereby approved. 2. PRMG has no interest, title, right, or ownership claim to the Property or to any other relief this Court may award in this action. 3. PRMG's Disclaimer shall not affect, impact, or in any way modify, release, affect, or impair the rights or obligations of the rightful claimants to the Property. 4. PRMG shall be bound by whatever Order or Judgment this Court enters regarding the Property. 5. PRMG is hereby dismissed from this action with prejudice and shall bear its own costs. IT IS SO ORDERED.
  75. View Document Rejection/Correction Notice Comment Re Case Management Statement: Version of CM-110 filed is outdated, please use updated version dated 9/1/2021
  76. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Continued - Party's Motion Hearing Comment Cont'd from 04/10/2023
  77. Judicial Officer Zulfa, David Hearing Time 8:30 AM Result Continued - Party's Motion Hearing Comment Cont'd from 04/10/2023
  78. Comment Previous Attorney: Patrick D. Toole New Attorney: Michael Brown
  79. Comment Previous Attorney: Patrick D. Toole New Attorney: Michael Brown
  80. View Document Rejection/Correction Notice Comment RE: Case Management Statement, court address listed is incorrect, footer on page 7 does not conform to the filing, please correct.
  81. Judicial Officer Zulfa, David Hearing Time 8:30 AM Comment Cont'd from 04/10/2023, 7/10/23
  82. Judicial Officer Zulfa, David Hearing Time 8:30 AM Comment Cont'd from 04/10/2023

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