2013-00146947-CU-MC

Selene Finance LP vs. Patricia H. Wood

Nature of Proceeding: Motion for Entry of Default Judgment

Filed By: Matayron, Nicolas

Appearance required.

On June 26, 2013 a verified complaint was filed by Plaintiff [LoanCare, a Division of FNF Servicing, Inc.] for quiet title, equitable lien, declaratory relief and judicial foreclosure. (ROA 1) Pursuant to a request for entry of default, defaults have been entered in this quiet title action. (ROA 34, 38) Per Code Civ Proc § 764.010, before the Court can enter a default judgment in a quiet title action, however, the court shall examine into and determine the plaintiff’s title against the claims of all the defendants. The court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants, other than claims the validity of which is admitted by the plaintiff in the complaint. The court shall render judgment in accordance with the evidence and the law.

The case Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal. App. 4th 1496, 1502 holds that the defendant must be permitted to appear at the hearing to present evidence of their title, despite the clerk’s entry of default. Self Represented defendants have filed an opposition to the request stating they are challenging the chain of title. However, Defendants have presented no admissible evidence in their opposition because there is no declaration attached to the exhibits. Nonetheless, defendants may appear at the hearing. Thus, unlike the ordinary default prove-up, in which a defendant has no right to participate (see, e.g., Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479), before entering any judgment on a quiet title cause of action the court must “in all cases” “hear such evidence as may be offered respecting the

claims of any of the defendants” (§ 764.010.)