17CV-00758 Sylvia Nicole vs. Travelers Insurance
Motion to Void Notice of Default
Plaintiff Sylvia Nicole’s “Application to Void Notice of Default” is DENIED. Plaintiff’s motion appears to seek a permanent injunction, declaratory relief, and/or cancellation of a recorded instrument. Such relief is available only after trial or other evidentiary hearing after proper notice is given to all interested parties so that they may defend against plaintiff’s claims. In this case, plaintiff’s motion is premature since the named defendants in this action have not appeared and have not received proper notice to allow them the opportunity to present a defense to plaintiff’s claims. In addition to these fundamental procedural defects, the evidence offered by plaintiff is insufficient to prove her vague and ambiguous claims of fraud and the recording of an illegal document.
OSC Why Sanctions should Not Be Imposed Against Plaintiff for Failure to Appear at Case Management Conference on February 5, 2018
Appearance required.