2013-00144287-CU-WE

Danilo Sese vs. Wells Fargo Bank N.A.

Nature of Proceeding: Motion for Order Releasing Bond Funds

Filed By: La, D. Dennis

Wells Fargo Bank’s Motion for Order Releasing Bond Funds is unopposed but is denied without prejudice as premature.

Wells Fargo’s Request for Judicial Notice is granted.

Wells Fargo seeks an order releasing bond funds representing the bond that plaintiff posted as a condition of the granting of the preliminary injunction. The trial court eventually ruled after a bench trial that Wells Fargo had not violated the Home Owner Bill of Rights (HOBR). Wells Fargo has established that the judgment entered in favor of Wells Fargo on Plaintiff Danilo Sese’s cause of action under the Homeowner Bill of Rights, i.e., Civil Code § 2923.6, is now final and entitles it to recover the bond funds deposited by Plaintiff in order to secure the preliminary injunction in this matter. Wells Fargo has shown that its monetary damages incurred in defending the HOBR claim far exceed the bond amount. Procedurally, exoneration of a bond occurs after entry of final judgment. CCP 996.440(b).

Pursuant to CCP 996.440(b), the motion shall not be made until after entry of final judgment in the action or proceeding in which the bond is given and the time for appeal has expired, or if an appeal is taken, until the appeal is finally determined. CCP 996.440(b). In this case the Register of Actions, at No. 479, shows that Final Judgment was entered January 9, 2019. Therefore, this motion is premature as the time for appeal has not expired.

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.