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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-11-22
Status Open
Type E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket 55 entries

Parties

Plaintiff Patel, Sharmishta R.|Patel, Rajendra M.
Defendant Patel, Krupa

Lawyers

Docket Entries

  1. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/15/2025 Time: 11:00 AM
  2. and Court miscellaneous filing fee Receipt: 456256 Date: 11/25/2024
  3. and Court surcharge Receipt: 456256 Date: 11/25/2024
  4. ase assigned to the Average Track per Land Court Standing Order 1:04.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. laintiff's Motion for Lis Pendens, filed.
  7. rief in Support of Plaintiff's Motion for Issuance of a Memorandum of Lis Pendens, filed.
  8. Proposed) Memorandum of Lis Pendens, filed.
  9. earing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 12/05/2024 Time: 12:00 PM
  10. he case has been assigned to the A Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Sent On: 11/25/2024 15:04:05
  11. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/06/2025 Time: 09:45 AM
  12. vent Resulted: Hearing on Lis Pendens scheduled on: 12/05/2024 12:00 PM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Robert B. Foster, Presiding
  13. earing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 12/20/2024 Time: 09:45 AM
  14. laintiff's Motion to Appoint Special Process Server, filed.
  15. ecember 13, 2024. Plaintiff's Motion to Appoint Special Process Server ALLOWED. (Patterson, Rec.)/emk Judge: Patterson, Deborah J. Notice of Docket Entry was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Sent On: 12/13/2024 11:51:51
  16. ummons returned to Court with service on Krupa Patel filed. Leaving at the last and usual abode on December 13, 2024.
  17. vent Resulted: Hearing on Lis Pendens scheduled on: 12/20/2024 09:45 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  18. earing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 01/06/2025 Time: 09:45 AM
  19. efendant's Memorandum of Law in Opposition to Plaintiffs' Motion for Lis Pendens, filed. (Courtesy copy received on January 3, 2025)
  20. efendant, Krupa Patel's Motion to Dismiss Plaintiffs' Complaint, filed. (Courtesy copy received on January 3, 2025)
  21. efendant's Memorandum of Law in Support of Motion to Dismiss Plaintiffs' Complaint, filed. (Courtesy copy received on January 3, 2025)
  22. oint Statement for Case Management Conference, filed.
  23. vent Resulted: Hearing on Lis Pendens scheduled on: 01/06/2025 09:45 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  24. vent Resulted: Case Management Conference scheduled on: 01/06/2025 09:45 AM Has been: Continued For the following reason: Request of all Parties Hon. Robert B. Foster, Presiding
  25. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/16/2025 Time: 11:30 AM
  26. earing Notice issued on Application for Lis Pendens. Judge: Foster, Hon. Robert B. Event: Hearing on Lis Pendens Date: 01/16/2025 Time: 11:30 AM
  27. cheduled Judge: Foster, Hon. Robert B. Event: Motion to Dismiss Date: 01/16/2025 Time: 11:30 AM
  28. laintiffs' Opposition to Defendant's Motion to Dismiss, filed.
  29. vent Resulted: Motion to Dismiss scheduled on: 01/16/2025 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  30. vent Resulted: Case Management Conference scheduled on: 01/16/2025 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding
  31. vent Resulted: Hearing on Plaintiff's Motion for Lis Pendens, Defendant, Krupa Patel's Motion to Dismiss Plaintiffs' Complaint and Case Management Conference scheduled on: 01/16/2025 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 16, 2025. Hearing on Plaintiff's Motion for Lis Pendens, Defendant, Krupa Patel's Motion to Dismiss Plaintiffs' Complaint and Case Management Conference held by Zoom. Attorney Barry Bachrach and Paul Mourad appeared. Early Intervention Event held. This case brings claims for resulting trust and constructive trust for a property in Harvard. The parties report of a pending eviction matter currently residing in housing court. As the verification of the complaint not in compliance with G.L. c. 184, 15, the Plaintiffs' Motion for Lis Pendens is DENIED without prejudice. After argument, the defendant's motion to dismiss is DENIED. The court finds that, accepting the allegations of the complaint as true and drawing all inferences in plaintiffs' favor, the complaint states claims for resulting trust and constructive trust. Plaintiffs may renew their motion for lis pendens and file their amended complaint by January 31, 2025. Defendant's opposition is due on February 10, 2025, after which the court will decide the motion without hearing. The court ORDERS the defendant not to convey or otherwise encumber the property until the decision of the pending motion for Lis Pendens. The parties order the parties to confer and submit a status report on settlement discussions on February 10, 2025. Discovery is open and set to close on July 15, 2025. A status conference is set down for July 23, 2025 at 9:00am by Zoom. (Foster, J.)
  32. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Defendant: Paul F Mourad, Esq. [email protected] Sent On: 01/17/2025 10:23:29
  33. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/23/2025 Time: 09:00 AM
  34. laintiffs' Unopposed Motion to Extend Time to file Amended Complaint, filed.
  35. anuary 29, 2025. Plaintiffs' Unopposed Motion to Extend Time to file Amended Complaint ALLOWED. The amended complaint is now due on February 5, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Defendant: Paul F Mourad, Esq. [email protected] Sent On: 01/29/2025 14:45:40
  36. irst Verified Amended Complaint, filed.
  37. otice sent to Barry Alden Bachrach, Esq., Rhonda L Bachrach, Esq. regarding compliance with SJC Rule 1:24 redaction of personal identifying information.
  38. Redacted) First Verified Amended Complaint, filed. (Courtesy copy received on February 12, 2025)
  39. ssented-To Motion to Strike Original Filing Dated February 7, 2025, of Plaintiff's First Verified Amended Complaint and Replace Same with Redacted Version of Plaintiffs' First Verified Amended Complaint, filed. (Courtesy copy received on February 12, 2025)
  40. laintiff's Renewed Motion for Lis Pendens, filed. (Courtesy copy received on February 12, 2025)
  41. Proposed) Memorandum of Lis Pendens, filed. (Courtesy copy received on February 12, 2025)
  42. ebruary 17, 2025. Assented-To Motion to Strike Original Filing Dated February 7, 2025, of Plaintiff's First Verified Amended Complaint and Replace Same with Redacted Version of Plaintiffs' First Verified Amended Complaint ALLOWED. Opposition to Plaintiff's Renewed Motion for Lis Pendens is due on February 20, 2025. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Defendant: Paul F Mourad, Esq. [email protected] Sent On: 02/10/2025 15:25:39
  43. efendant's Memorandum of Law in Opposition to Plaintiffs' Motion for Lis Pendens, filed.
  44. efendant's Answer and Affirmative Defenses to Plaintiffs' First Verified Amended Complaint, filed.
  45. arch 14, 2025. After review of the Plaintiffs' Renewed Motion for Lis Pendens, the First Amended Verified Complaint (Complaint), and the Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion for Lis Pendens, the Plaintiffs' Renewed Motion for Lis Pendens is ALLOWED. The court finds that the subject matter of the Complaint constitutes a claim of a right to title to real property or the use and occupation thereof or the buildings thereon. A Memorandum of Lis Pendens shall be endorsed by the court. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Defendant: Paul F Mourad, Esq. [email protected] Sent On: 03/14/2025 15:03:49
  46. emorandum of Lis Pendens, issued and endorsed by the Court. (Copies emailed to Attorney Barry Bachrach, Rhonda Bachrach, and Paul Mourad) Judge: Foster, Hon. Robert B.
  47. vent Resulted: Status Conference scheduled on: 07/23/2025 09:00 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  48. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/22/2025 Time: 09:00 AM
  49. hief Justice of the Trial Court Order of Assignment dated May 6, 2025.
  50. vent Resulted: Status Conference scheduled on: 07/22/2025 09:00 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  51. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/22/2025 Time: 02:30 PM
  52. vent Resulted: Status Conference scheduled on: 07/22/2025 02:30 PM Has been: Continued Hon. Robert B. Foster, Presiding
  53. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 09/16/2025 Time: 09:30 AM
  54. vent Resulted: Status Conference scheduled on: 09/16/2025 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding September 16, 2025. Status Conference held by Zoom. Attorney Barry Bachrach and Paul Mourad appeared. The parties report these matters settled. They anticipate that both actions will be resolved by stipulations of dismissal or agreements for judgment to be approved by the court. A status conference is set down for October 15, 2025 at 11:00am by Zoom. (Foster, J.)
  55. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Barry Alden Bachrach, Esq. [email protected] Plaintiff: Rhonda L Bachrach, Esq. [email protected] Defendant: Paul F Mourad, Esq. [email protected] Sent On: 09/17/2025 07:48:47

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