GUNN VS. GREEN MEADOWS HOME HEALTH CARE, INC

on a 25% reduction of the total fees and costs since Defendant prevailed as to 75% of the causes of action addressed in the motion.

13. GUNN VS. GREEN 1. MOTION FOR TERMINATING SANCTIONS MEADOWS HOME HEALTH 2. MOTION TO BE RELEVED AS COUNSEL OF CARE, INC RECORD

NO TENTATIVE RULING 14. SOLIMAN VS. LAWYERS MOTION FOR SUMMARY JUDGMENT AND/OR TITLE COMPANY ADJUDICATION

Plaintiff/Cross-Defendant Salaheldin S. Soliman’s (“Soliman”) motion for: (1) summary judgment of Defendant/Cross-Complainant PFN Lending Group, Inc.’s (“PFN”) Cross-Complaint or, in the alternative, summary adjudication of PFN’s two causes of action therein; and (2) summary adjudication of Soliman’s Second Cause of Action for Declaratory Relief alleged in the First Amended Complaint (“FAC”) is DENIED.

Soliman’s Objections to Declaration of March Shenkman are SUSTAINED as to Objection Nos. 2 and 4 and OVERRULED as to the remaining.

Summary Judgment/Adjudication as to PFN’s Cross-Complaint: The Cross-Complaint alleges Soliman is the owner of the real property located at 2712 North Bently Street, Orange, CA 92867 (“Property”). (Cross-Complaint, ¶ 6.) In 2023, PFN loaned Soliman $519,000 evidenced by a balloon note executed by Soliman in favor of PFN (the “Note”). (Cross-Complaint, ¶¶7-8.) The Note was secured by a 2023 Deed of Trust executed by Soliman and recorded against the Property. (Cross-Complaint, ¶9.) The 2023 Deed of Trust recorded in the Official Records of Orange County on November 3, 2023, as Instrument No. 2023000269729 (the “2023 DOT”) identifies Soliman as borrower and PFN as Lender and beneficiary. (Soliman Separate Statement of Undisputed Material Facts (“UMF”) 4.)

Prior to the 2023 DOT, a Deed of Trust executed by the Property’s former owners, Kevin and Michelle Kane, had been recorded against the Property in the Official Records of Orange County on July 17, 2006, as Instrument No. 2006000473983 (“2006 DOT”). (Soliman RJN, Ex. D.) On February 17, 2024, a Notice of Default based on a default under the 2006 DOT was recorded against the Property. (Soliman RJN, Ex. A, ¶11). On July 10, 2024, PFN’s counsel advised Soliman’s counsel that the Section 4 covenant in the 2023 DOT required Soliman to discharge the senior lien—the 2006 DOT—and that failure to do so was a default; Soliman refused to discharge the senior lien. (Soliman RJN, Ex.

A, ¶12).