FREEDOM MORTGAGE CORPORATION VS. ROBERT SPOONER II
Case Information
Motion(s)
MOTION FOR SUMMARY JUDGMENT
Motion Type Tags
Motion for Summary Judgment
Parties
- Plaintiff: FREEDOM MORTGAGE CORPORATION
- Defendant: ROBERT SPOONER II
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD25679281 - December 3, 2025 Hearing date: December 3, 2025 Case number: CUD25679281 Case title: FREEDOM MORTGAGE CORPORATION VS. ROBERT SPOONER II Case Number: | | CUD25679281 | Case Title: | | FREEDOM MORTGAGE CORPORATION VS. ROBERT SPOONER II | Court Date: | | 2025-12-03 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for December 3, 2025. Line 12.
PLAINTIFF FREEDOM MORTGAGE CORPORATION MOTION FOR SUMMARY JUDGMENT; is DENIED.
Moving party failed to shift its burden and show that the sole named defendant "Robert Spooner II" is the person who executed the foreclosed upon Deed of Trust, or "a person under whom such person claims." CCP 1161a(b)(3). The person identified as the trustor in the Deed of Trust and Trustee's Deed upon Sale is "Robert C. Spooner II."
The Court further notes that there is no evidence presented that Robert Spooner II was in possession of the premises as of the filing of this motion on November 21, 2025 seeking a judgment for possession. =(501/AAT)
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