Saturday, June 23, 2012
Chase Files Notice of Motion & Motion for Partial Summary Judgment in Javaheri v. Chase
On June 21, 2012 AlbaradoSmith, attorneys for JPMorgan Chase Bank NA and California Reconveyance Company, filed a Notice of Motion and Motion for Partial Summary Judgment in CV-10 8185 ODW (FFMx) in Daryoush Javaheri v. JPMorgan Chase Bank NA, California Reconveyance Company and Does 1-50 in the United States District Court, Central District of California. This motion is available on PACER.
The motion is scheduled to be heard by the Hon. Otis D. Wright II on July 30, 2012 at 1:30 p.m. in Courtroom 11. The case has a Trial Date of September 18, 2012.
Motion can be viewed at:
Chase argues that the remaining five causes of action are for violation of Civil Code Section 2923.5, wrongful foreclosure, quiet title, quasi-contract, and declaratory and injunctive relief and that "none of these claims have merit." Chase contends that there is no cause of action for violation of Civil Code Section 2923.5 has been stated because it is preempted by the Home Owner's Loan Act and because the subject loan is a construction loan. The other claims are based on the erroneous allegation that the Note for the Subject Loan was sold to a securitized trust. However this claim is a fabrication as the Note was never sold to a securitized trust. " JPMorgan is the beneficiary. Plaintiff has no evidence to the contrary." [Note that they did not state that JPMorgan Chase Bank, NA is the beneficiary and that JPMorgan and JPMorgan Chase Bank, NA are distinct entities.]
Deborah Brignac signed a Declaration filed as Document 62 on June 21, 2012. For anyone interested in samples of Brignac's signature, the one on this document is presumably hers and differs from her signature on countless other documents. Her declaration can be viewed at: