Case Number: BC678536 Hearing Date: March 21, 2018 Dept: 39

Early Bird Encino, Inc. v. Land Bankers Investment, LLC, et al., BC678536

REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS LAND BANKERS INVESTMENT, LLC AKA LAND BANKERS, LLC; KIMIAIE INVESTMENTS, INC. AKA KIMIAE INVESTMENT, INC.; PAYAM TARADOD, INC.; 11825 KLING, LLC; 12331-5 OSBORNE PL, LLC; 4725 MORELLA AVENUE, LLC AKA 4725 MORELLA AVE., LLC; BAHAREH INVESTMENTS, INC.; ROGHIEH, LLC; AND HAMID REISI: DENY

The court previously denied Plaintiff’s prior request for entry of judgment on the grounds that the grant deed recorded on December 27, 2007 indicates that Regina Visner (“Visner”) granted the Subject Property to Rahim Zabihi on March 29, 2007, but that Rahim Zabihi had not been joined as a necessary party to this action. (RJN Ex. 2.) Plaintiff now submits a stipulation by and between JPMorgan Chase Bank, National Association (“JPM”) and Zabihi that the properties at 11825 and 11835 Kling Street, Valley Village, CA 91607 was surrendered to JPM on December 9, 2011. (Supp. RJN Exs. 1-2.) Based on Plaintiff’s evidence, it would appear that JPM is the title-holder to the Subject Property, and not Plaintiff. JPM has not been joined to this action and is not named in the Complaint.

A person must be joined as an indispensable party if: “(1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.” (Code Civ. Proc., § 389, subd. (a).)

In an action to quiet title to property, a plaintiff must name as defendants all persons “having adverse claims to the title of the plaintiff against which a determination is sought.” (Code Civ. Proc., § 762.010; id. § 762.060, subd. (b).)

Plaintiff submits the declaration of its president, Hamid Reisi, who attests that although title to the Property was taken in the name of Rahim Zabihi, Hamid Reisi, doing business as RK Enterprises, provided the funds for the purchase of the Subject Property from Visner pursuant to an agreement between Rahim Zabihi to transfer title to Hamid Reisi upon his request. (Declaration of Hamid Reisi (“Hamid Reisi Decl.” ¶ 15.) Plaintiff does not present a grant deed or other documentary evidence that would indicate how he obtained title to the Subject Property, when the Subject Property appears to have been granted to JPM as of December 9, 2011. (Supp. RJN Exs. 1-2.)

Hamid Reisi’s declaration is insufficient to prove that he has an interest in the Subject Property and that JPM does not. Although the grant deed recorded on November 29, 2011 indicates that Hamid Reisi granted the Subject Property to Payam, 4725 Morella, Roghieh, Kimiaie, Bahareh, 11825 Kling, and 12331-5 Osborne on October 1, 2011, there is no evidence to demonstrate how Hamid Reisi obtained title to the Subject Property from Rahim Zabihi in the first place. (RJN Ex. 3.)

To the contrary, the judicially noticed documents from the United States Bankruptcy Court appear to indicate that JPM, and not Plaintiff, is the true title-holder to the subject property. JPM has not been joined as a party to this action as is required.

In sum, the court DENIES the request for entry of default judgment for Plaintiff’s failure to join a necessary party, of JP Morgan chase Bank, National Association.