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CGC24619194·sf·Civil·Real Property
Hearing 11 months agoSUSTAINED with leave to amend

JANA SPOTTS VS. CORONA TRUSTEE SERVICES, LLC ET AL

MOTION FOR JUDGMENT ON THE PLEADINGS

Hearing date
Sep 9, 2025
Department
501
Prevailing
Defendant

Motion type

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Parties

PlaintiffJana Spotts
DefendantCorona Trustee Services, LLC
DefendantRussian Hill Court Homeowner's Association, Inc.

Ruling

Real Property/Housing Court Law and Motion Calendar for Sept 9, 2025. Line 3.

DEFENDANT RUSSIAN HILL COURT HOMEOWNER'S ASSOCIATION, INC. MOTION FOR JUDGMENT ON THE PLEADINGS is SUSTAINED with leave to amend for Plaintiff to allege facts supporting recoverable damages before Defendant's successful completion of allegedly improper foreclosure sale. Plaintiff fails to cite any authority for the proposition that damages are recoverable pre-foreclosure on any causes of action currently asserted in the complaint.

Plaintiff's and Defendant's Requests for Judicial Notice are Granted.

Given the recordation action of the Trustee's Deed upon Sale by the senior lienholder Plaintiff's request for injunctive relief against these defendants is moot; given Plaintiff's pending challenge to the validity of the foreclosure by the senior lienholder, any claim for injunctive relief against these defendants is not ripe until Plaintiff prevails on her claims against the senior lienholder and these defendants proceed with foreclosure. =(501/SKF)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).

Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |

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