JP Morgan Chase Bank, N.A. v. Gail M. Bradley; First City Funding dba Credit Corp.; HSBC Bank USA as Trustee for Homestar 2004-2; Mortgage Electronic Registration Systems Inc.; Wave Sound Inc.; Estate of Mitchell Stewart; Nurit Petri; Rochelle A. Stearns; Edwin A. Davidian; Arline Abcarian; Armen Arustamyan; Just Mortgage Inc.; Lawyers Title Compan
Published: Feb. 4, 2017 | Result Date: Dec. 16, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC561934 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
S. Christopher Yoo
(AlvaradoSmith APC)
Defendant
Jennifer R. Slater
(Garrett & Tully)
Robert Garrett
(Garrett & Tully)
Facts
JP Morgan Chase Bank NA filed suit against various defendants in relation to a property in Glendale.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff filed this action seeking declaratory relief, rescission, cancellation of instrument, and equitable lien concerning the priority of liens on the subject property. Plaintiff contended that its security interest in the 2005 deed of trust was valid, enforceable, and senior to all other interests.
DEFENDANTS' CONTENTIONS:
Fannie Mae and Bank of the West separately moved for summary judgment on the grounds of statute of limitations. Defendants contended that most of the claims were barred by the three-year statute of limitations period. Alternatively, defendants also contended that certain causes of action were barred by the doctrine of laches.
Result
The court granted Fannie Mae and Bank of the West's motion for summary judgment.
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