2013-00150776-CU-OR

Jerry I Anolik vs. First Tennessee Bank

Nature of Proceeding:     Motion for an Order Directing Entry of Default by the Clerk Nunc Pro

Filed By:   Anolik, Jerry I.

Plaintiff Jerry I. Anolik’s (“Anolik”) motion for an order directing the clerk to enter the
defaults of Defendants First Tennessee Bank and Nationstar Mortgage (collectively
“Defendants”) nunc pro tunc on March 19, 2014 is DENIED.

Background Facts/Procedure

This is a nonjudicial foreclosure case.  Anolik filed the original complaint on September
12, 2013.  On October 22, 2013, Defendants filed a demurrer to the complaint.  Anolik
filed a first amended complaint (“FAC”) before the demurrer was heard, and the court
dropped the demurrer as moot on February 24, 2014.

According to a proof of service filed on February 19, 2014, Anolik mail-served the FAC
on February 20, 2014.  Thus, the proof of service indicates that Anolik served the FAC
the day after he filed the proof of service.  Assuming the proof’s accuracy, however,
Defendants were required to file and serve their responsive pleadings no later than
March 27, 2014.  (See CCP §§ 471.5, 1013(a); see also McAllister v. County of
th
Monterey (2007) 147 Cal.App.4   253, 281 [construing CCP § 471.5].)  Defendant
timely filed and served a demurrer to the FAC on March 25, 2014.

Based on a misreading of CRC 3.1320, on March 19, 2014, Anolik filed requests for
entry of Defendants’ defaults.  Subdivisions (g) and (j) of that rule set 10-day deadlines
to plead and amend after a ruling on a demurrer.  CCP § 471.5, however, provides a
30-day deadline to plead after a plaintiff has filed an amended complaint.

In the instant case, the court never ruled on Defendants’ demurrer to the complaint.
Accordingly, the 10-day deadlines in CRC 3.1320 were never triggered, and
Defendants properly demurred to the FAC within 30 days after Anolik filed and served
the FAC.

Anolik’s argument that First Tennessee lack standing to oppose the motion lacks merit.

Anolik’s’ request for judicial notice is GRANTED.

Anolik is advised that the Sacramento County Superior Court’s Local Rules were
revised and renumbered as of 01/01/13.  When giving notice of the court’s tentative
ruling system, Anolik should cite Local Rule 1.06, not former Local Rule 3.04.

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