Compliance Hearing for entry of dismissal
RG20060236: Kim VS Asset Default Management, Inc. 08/05/2026 Compliance Hearing for entry of dismissal as to settled claims in Department 25
Tentative Ruling - 08/03/2026 Jenna Whitman
ORDER RE: CASE MANAGEMENT
The Court has ordered the following after review of the case.
PARTIES TO APPEAR AT 3:30 P.M. (not 4:00 p.m. as scheduled) to address the following issues.
As to Sang's request for entry of default judgment on his Cross-Complaint:
1. The Court has conducted a bench trial as to quiet title, as required by CCP 764.010. The remaining claims against defaulted defendants do not seek damages, but ancillary relief based upon the well-pleaded allegations supporting liability and the findings in the Court's Statement of Decision; thus, there is no requirement for a further evidentiary hearing as to the defaulted parties.
2. The Roe Cross-Defendants have been dismissed, and the Court is inclined to grant Sang's request to dismiss all other causes of action against defaulted cross-defendants, including slander of Title claim. That request may be made at the hearing or via filing and service of a CIV-100.
3. Cross-Defendant JLoanCo is not in default. Causes of action against JLoanCo include One: Quiet Title, Three: Cancellation of Instruments; and Seven: Decl Relief. As to JLoanCo, these address a $40,000 loan to Heath and a Deed of Trust on the Property recorded 9/16/2019 in the Official Records of Alameda County as Document No. 2019183942 (the "JLoanCo Deed of Trust"). This issue was not addressed in the Phase I Bench Trial. The Court is unable to discern whether/how these claims have been resolved.
4. Copies of search results for SCRA database that defaulted defendants are not in active nonmilitary service should be provided to the Court.
5. A proposed form of judgment should be provided, making the requested findings as to specific parties/instruments, containing all information required by the Recorder's office.
As to Kim's Complaint:
1. Default judgment remains to be entered on causes of action against Xaythvone and Heath. No application for default judgment or proposed judgment has been filed. RG20060236: Kim VS Asset Default Management, Inc. 08/05/2026 Compliance Hearing for entry of dismissal as to settled claims in Department 25 2. Some of the remaining claims against the defaulted defendants would appear to be resolved by the Court's Amended Order Granting Plaintiff Kevin Kims Motion for Summary Adjudication, dated 11/17/2022, which found the Substitution of Trustee and Full Reconveyance recorded recorded on 3/14/2019 (see Compl., para. 15 Ex. 2), was void ab initio and did not extinguish Kims DOT against the property and that any other deeds of trust against the Property (including Heath Deed, Schmalle Deed of Trust, JLoanCo Deed of Trust, and Wallace Deed of Trust) if valid, are subordinate to Kim's Deed of Trust.
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The the non-monetary relief sought is incidental to and warranted based upon these findings and does not require a further hearing to quiet title. However, the Complaint also seeks compensatory and punitive damages. Evidence of economic damages should be submitted by declaration; claims for general damages, including punitive damages, generally require an evidentiary hearing (and if damages were not specified in the complaint, service of a statement of damages). (See CCP §§ 585(a), 425.11, 425.115.)
3. Does 1-20 have been dismissed. However, David Wallace does not appear to have been served. Counsel should seek dismissal of Wallace or provide further information regarding service and entry of default.
As to the Cross-Complaint filed by JLoanCo:
1. Counsel for JLoanCo should be prepared to provide further information regarding the status of Cross-Defendants Asset Default Management, Inc. and LiL' Wave Financial, Inc. (It appears they were not served and are not in default).
2. Roe cross-defendants have been dismissed. Counsel should be prepared to discuss whether/how JLoanCo's claims concerning its Deed of Trust and lien for $40,000 on the property has or will be resolved as participating parties (Kim, Schmalle, Sang) and defaulted parties (Wallace, Xaythavone, Heath). (This includes whether the Court will need to conduct a Phase II bench trial on quiet title, as to the validity and priority of JLoanCo/Heath's DOT.)
3. It is unclear from the complaint's prayer whether compensatory (money) damages are sought and against which cross-defendants.
As to the Cross-Complaint filed by Schmalle:
1. The quiet title issues raised in this complaint were tried and resolved in Phase I. It would appear that only Schmalle's damages claims against Heath remain for prove up. This suggests Xaythavone and Wallace should be dismissed and if Schmalle intends to seek a default judgment for damages against Heath, she should proceed to file a default judgment application.
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA
RG20060236: Kim VS Asset Default Management, Inc. 08/05/2026 Compliance Hearing for entry of dismissal as to settled claims in Department 25 2. As noted, such an application must be supported by, inter alia, a declaration (for general damages), proof of proper/timely service of a statement of damages setting forth the amount of damages sought (per CCP §§ 585(a), 425.11).
PLEASE NOTE:
If the parties and counsel need additional time to work through these issues, file the appropriate requests, and/or report to the Court, the Court will entertain the parties' joint request to continue the CMC without the need for an appearance on 8/5/2026.
Department 25 is inviting you to a scheduled meeting. Please sign onto Zoomgov.com using credentials below.
Meeting ID: 161 8066 1142 Passcode: 3803