KURT GRIMES VS. RUSHMORE LOAN MANAGEMENT SERVICES, LLC ET AL
Notice Of Motion And Motion To Expunge Notice Of Pendency Of Action
Motion type
Causes of action
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC25623983 - August 22, 2025 Hearing date: August 22, 2025 Case number: CGC25623983 Case title: KURT GRIMES VS. RUSHMORE LOAN MANAGEMENT SERVICES, LLC ET AL Case Number: | | CGC25623983 | Case Title: | | KURT GRIMES VS. RUSHMORE LOAN MANAGEMENT SERVICES, LLC ET AL | Court Date: | | 2025-08-22 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Expunge Notice Of Pendency Of Action | Rulings: | | Real Property/Housing Court Motion calendar for August 22, 2025, line 6.
Defendants' Motion to Expunge Notice of Pendency of Action is GRANTED. Plaintiff has not shown a probably valid claim affecting title to the property.
The initial Complaint and FAC were filed in April 2025 and alleged that a foreclosure "is scheduled for February 27, 2025." (Complaint, FAC 4).
Additionally, causes of action 1, 2, and 6 (wrongful foreclosure, fraud, and quiet title) fail to show a probably valid claim affecting title because Plaintiff is impermissibly shifting burdens onto Defendants, Plaintiff's claims regarding securitization fail as a matter of law, and Plaintiff's evidence is solely limited to contesting the validity of deeds to which Defendants were not parties.
Causes of action 3-5 (California Homeowner Bill of Rights, Truth in Lending Act, and Real Estate Settlement Procedures Act) do not affect title because Plaintiff's only remedy is damages.
Cause of action 7 (attorney malfeasance and breach of fiduciary duty) does not affect title, has no evidentiary support in this motion, and is contradicted by Exhibit B of the FAC where Plaintiff authorizes dismissal of the prior lawsuit. =(501/CFH)
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 tent ative 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. | |
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”