Case Number: BC404638    Hearing Date: July 29, 2014    Dept: 46

This tentative ruling is posted at 10:00 a.m. on 07-28-2014 and is set for hearing on 07-29-2014 at 8:30 a.m.

If there are no parties other than Plaintiff, then Plaintiff may submit to the tentative without appearance by telephonic notification to the clerk of Dept. 46 between 8:00 a.m. and 4:30 p.m. on a date prior to the hearing or morning prior to the hearing by calling (213) 974-5665, and the court will issue the tentative ruling as the final ruling. If the other parties have appeared in the action, then the parties must first confer and all agree that the tentative ruling will be the final ruling on the matter. If the parties to the matter before the court all agree, a representative of the parties may call the clerk and submit without an appearance, and the court will issue the tentative ruling as the final ruling.

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Case Number: BC404638
EDWARD ROUPINIAN ET AL VS CALIFORNIA WESTERN FINANCIAL INVES
Filing Date: 12/29/2008
Case Type: Mortgage Foreclosure (General Jurisdiction)

07/29/2014
MOTION – COMPEL FURTHER RESPONSES

TENTATIVE RULING: Motion is DENIED. Request by both parties for sanctions is DENIED. This motion is brought in case BC430332 but a substantially similar motion was previously heard and denied in a consolidated case, BC436001. Since the cases were consolidated for all purposes, including discovery, the ruling on a substantially similar issue made in one of the consolidated cases is merged into all the consolidated cases (Sanchez v. Superior Court (1988) 203 Cal.app.3d at 1396) with the effect in this court must maintain the same ruling absent a timely showing of new or different basis for the order requested. No new or different facts are shown to justify the granting of this order and since the prior motion was denied on 12/13/2011, the time to make a motion for reconsideration has expired. Furthermore, since the loan files for all the loans involving plaintiffs have been produced, it appears unnecessarily redundant (no good cause shown) to require production of a database. CCP §2031.310(b).

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REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST MOUNT WASHINGTON INVESTMENT, LLC IN CASE BC404638

TENTATIVE RULING: The court will grant the default judgment as to the 14th and 15th causes of action directed to Mount Washington Financial Investment, Inc. as requested in the Application and CRC 3.1800 package provided on the declaration of Mr. Roupinian filed therewith provided the Application is signed by Mr. Schachter. The court has signed the proposed default judgments. Plaintiff to give notice of entry of default judgments.

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REQUEST FOR DEFAULT JUDGMENT AS AGAINST NOE E. GOMEZ and YOLIVETH ECHEVERRIA in case BC404638.

TENTATIVE RULING: The court will grant the default judgment upon filing of a proof of service documenting timely service of the Statement of Damages requesting Punitive Damages.