Case Number: VC066087 Hearing Date: February 19, 2020 Dept: SEG

DORA LUZ SOLANO v. AMERICAN MORTGAGE NETWORK. INC., et al.

CASE NO.: VC066087

HEARING: 2/19/20

TENTATIVE ORDER

The Court has two motions before it:

Plaintiff’s Motion to Set Aside Court Order Vacating the Default Judgment against U.S. Bank is DENIED. See discussion below.

U.S. Bank’s Motion for Imposition of Monetary Sanctions in the Amount of $4,999.00 Against Plaintiff and Plaintiff’s Counsel Pursuant to C.C.P. section 128.7 is GRANTED as requested.

U.S. Bank was dismissed from this lawsuit on June 12, 2018. See Order of Dismissal attached hereto as Exhibit 1. Since U.S. Bank was no longer a party to the action, the Court entry of judgment against it was void as a matter of law.

It does not take statues or case law to hold that a person/entity who is not a party to an action may have a judgment rendered against him/her/it.

The past entry of default and notices of a default prove up are irrelevant in the absence of being a party. The actions of pursuing the claim against U.S. Bank are frivolous per se. The following findings are made:

1) Moving Party has complied with the “safe harbor” provisions and the time to comply has lapsed.

2) The pursuant of the motion to reinstate judgment is completely without merit.

3) Fees and Costs requested are reasonable

4) Fee and Costs of $4,999.00 are awarded against Plaintiff and her counsel; due and payable within 30 days of service of this ruling. This order is joint and severable.