Amended Notice of Motion For Summary Judgment Andor Adjudication

Motion

Cal. Super. - 4th Dist.January 31, 2019

BLAKE LAW FIRM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Steven W. Blake, Esq., SBN 235502 ELECTRONICALLY FILED Andrew E. Hall, Esq., SBN 257547 Superior Court of Califomnia, BLAKE LAW FIRM County of San Diego 533 2nd Street, Suite 250 06/09/2020 at 10:02:00 A Encinitas, CA 92024 Clerk of the Superior Court Phone: (858)-523-8221 By Carolina hiranda, Deputy Clerk Email: steve@blakelawca.com Email: andrew(@blakelawca.com Attorney for Plaintiff, INVESTMENT MANAGEMENT ENTERPRISES, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO —- CENTRAL DIVISION INVESTMENT MANAGEMENT CASE NO.: 37-2019-00006109-CU-OR-CTL ENTERPRISES, LLC, A Nevada limited liability company, INVESTMENT MANAGEMENT ENTERPRISES, LLC’S AMENDED Plaintiff, NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION OF FIRST CAUSE OF ACTION FOR VS. JUDICIAL FORECLOSURE LOUIS L. ULRICH, an individuals MICHAEL, | eacng Date: OstoherD, 2020 Co Time: 9:00 a.m. J. SPINOLA, an individual, CALCON Dept: C-75 MUTUAL MORTGAGE, LLC a Delaware Judge: Hon. Richard E. L. Strauss Limited Liability Company d/b/a One Trust Home Loans; UNITED STATES OF Trial Date: November 13, 2020 AMERICA, DEPARTMENT OF THE TREASURY, OFFICE OF THE INTERNAL [Points & Authorities in Support of Motion for REVENUE SERVICE; CRITERION NV, LLC | Summary Adjudication; Declaration of Helen a Nevada Limited Liability Company, and pe 7 Declar, aon, J Jeffrey P sen ; those defendants fictitiously named as DOES 1 egiaration, uf drndren ar <4 lia Statement of Undisputed Material Facts; Notice through 50, inclusive, of Lodgment] Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE on October 9, 2020, at 9:00 a.m., Plaintiff INVESTMENT 1 NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION BLAKE LAW FIRM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MANAGEMENT ENTERPRISES, LLC (“IME”) will and hereby does move this Honorable Court pursuant to C.C.P. § 437c for an order granting Summary Adjudication on Plaintiff’s first cause of] action for judicial foreclosure against Defendant LOUIS ULRICH (“Defendant or “ULRICH”). PLEASE TAKE FURTHER NOTICE that, by and through its Motion, Plaintiff requests that the Court order that Plaintiff is entitled to judgment as a matter of law as to the following causes of action and/or issues: 1. IME IS ENTITLED TO SUMMARY ADJUDICATION ON IME’S FIRST CAUSE OF ACTION FOR JUDICIAL FORECLOSURE BECAUSE IT IS UNDISPUTED THAT THE LOAN MATURED AND ULRICH HAS DEFAULTED ON THE LOAN. Plaintiff’s Motion is made pursuant to California Code of Civil Procedure sections 437c, 725a and 726 and is based on the undisputed fact that ULRICH has defaulted on a Promissory Note, the performance of which was secured by a Deed of Trust on the property commonly known as 11025 Pala Loma Drive, Valley Center, CA 92082. This motion seeks a decree of sale and a determination of the personal liability of defendant ULRICH. This motion also seeks recovery of reasonable attorneys’ fees incurred by IME to collect this debt from ULRICH, pursuant to California Code of] Civil Procedure section 726, subdivision (a) and section 730. This Motion is based upon this Notice, the accompanying Memorandum of Points and Authorities, Separate Statement of Undisputed Material Facts, Declaration of Jeffrey D. Poindexter and exhibits in support, Declaration of Helen Tyler and exhibits in support, Declaration of Andrew Hall, the notice of lodgment and documentary evidence lodged thereunder, the record contained in the file herein, oral argument, and any other facts subject to judicial notice. The above-referenced documents were filed on February 28, 2020 and can be found on the court docket as ROA # 81-88. Dated: June 9, 2020 BLAKE LAW FIRM By: STEVEN W. BLAKE, ESQ. ANDREW E. HALL, ESQ. Attorney for Plaintiff, INVESTMENT MANAGEMENT ENTERPRISES, LLC 2 NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION