Tania Elissia Batache v. Roque Santi et al
Plaintiff: Tania Elissia Batache
Defendant: Does 1-50, inclusive, Mafalda Fontana, Roque Santi and All Persons Unknown
Case Number: 2:2018cv06907
Filed: August 10, 2018
Court: US District Court for the Central District of California
Presiding Judge: John A Kronstadt
Referring Judge: Karen L Stevenson
2 Judge: Otis D Wright
Nature of Suit: Truth in Lending
Cause of Action: 15 U.S.C. § 1601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2018 Opinion or Order Filing 36 ORDER GRANTING MOTION TO DISMISS #25 ; DENYING MOTION FOR PRELIMINARY INJUNCTION #15 ; AND DENYING MOTION TO STRIKE COMPLAINT OF PUNITIVE DAMAGES #26 by Judge Otis D. Wright, II .( MD JS-6. Case Terminated ) (lc). Modified on 11/15/2018 (lc).
November 5, 2018 Filing 35 MINUTES OFOSC RE PRELIMINARY INJUNCTION #15 held before Judge Otis D. Wright, II: The Court having carefully heard the oral argument of counsel, hereby takes the matter under submission. A written order will issue. Court Reporter: Terri Hourigan. (lc)
October 31, 2018 Filing 34 The hearing on the MOTION TO DISMISS #25 and MOTION TO STRIKE #26 , scheduled for November 5, 2018 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY
October 30, 2018 Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Abigail Ameri Zelenski counsel for Plaintiff Tania Elissia Batache. Abigail Zelenski is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Plaintiff. (Attorney Abigail Ameri Zelenski added to party Tania Elissia Batache(pty:pla))(Zelenski, Abigail)
October 22, 2018 Filing 32 REPLY REPLY TO OPPOSITION TO MOTION TO DISMISS COMPLAINT AND MOTION TO STRIKE PUNITIVE DAMAGES NOTICE OF MOTION AND MOTION to Strike Complaint for Punitive Damages #26 , First NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Defendants Mafalda Fontana, Roque Santi. (White, Alan)
October 15, 2018 Filing 31 OPPOSITION in opposition to re: First NOTICE OF MOTION AND MOTION to Dismiss Case #25 filed by Plaintiff Tania Elissia Batache. (Attachments: #1 Proof of Service)(Stubbe, Ryan)
September 24, 2018 Opinion or Order Filing 30 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court, acting on its own initiative, hereby continues the following hearings to November 5, 2018, at 1:30 p.m.: 1) Order to Show Cause Why Preliminary Injunction Shall not Issue (ECF No. 15.), previously calendared for October 1, 2018, at 8:30 a.m. 2) Defendants Motion to Dismiss #25 , previously calendared for October 22,2018, at 8:30 a.m. 3) Defendants Motion to Strike Complaint for Punitive Damages #26 , previously calendared for October 22, 2018, at 8:30 a.m. (lc)
September 18, 2018 Filing 29 CERTIFICATE of Interested Parties filed by Defendant All Defendants, (Attorney Alan I White added to party All Persons Unknown(pty:dft), Attorney Alan I White added to party Does(pty:dft))(White, Alan)
September 18, 2018 Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss Case #25 by Mafalda Fontana, Roque Santi. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
September 18, 2018 Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Upon filing of a Complaint (Attorney Civil Case Opening) #1 by Tania Elissia Batache. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. Other error(s) with document(s): Case was reassigned per order of 9/14/18. Upon review of the case docket, Plaintiff has neither filed a Notice of Interested party at the time of filing the complaint, nor one to date. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc)
September 17, 2018 Filing 26 NOTICE OF MOTION AND MOTION to Strike Complaint for Punitive Damages filed by Defendant Mafalda Fontana, Roque Santi. Motion set for hearing on 10/22/2018 at 08:30 AM before Judge Otis D. Wright II. (White, Alan)
September 17, 2018 Filing 25 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Mafalda Fontana, Roque Santi. Motion set for hearing on 10/22/2018 at 08:30 AM before Judge Otis D. Wright II. (White, Alan)
September 14, 2018 Opinion or Order Filing 24 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:18-cv-06213 ODW. Case transferred from Judge John A. Kronstadt to Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-06907 ODW(KSx). Signed by Judge Otis D. Wright, II (rn)
September 14, 2018 Filing 23 DEFENDANTS SUPPLEMENTAL In Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 filed by Defendants Mafalda Fontana, Roque Santi. (White, Alan)
September 13, 2018 Filing 22 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 filed by Plaintiff Tania Elissia Batache. (Attachments: #1 Exhibit 11 (Seeber Deed of Trust), #2 Exhibit 12 (Cole Deed of Trust), #3 Exhibit 13 (Lombardo Deed of Trust), #4 Exhibit 14 (Schedule AB), #5 Exhibit 15 (Voluntary Petition), #6 Exhibit 16-1 (Opposition to Motion for Relief from Stay), #7 Exhibit 16-2 (Exhibit A to Opposition to Motion for Relief from Stay), #8 Exhibit 16-3 (Exhibit B to Opposition to Motion for Relief from Stay), #9 Exhibit 16-4 (Proof of Service re Opposition to Motion for Relief from Stay), #10 Proof of Service)(Stubbe, Ryan)
September 12, 2018 Filing 21 REPLY in Support EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 filed by Plaintiff Tania Elissia Batache. (Attachments: #1 Proof of Service)(Stubbe, Ryan)
September 5, 2018 Filing 20 PROOF OF SERVICE filed by Defendant Mafalda Fontana, Roque Santi, served on Memorandum of Points and Authorities in Opposition to Plaintiffs Order to Show Cause Re Preliminary Injunction; Declaration of Roque Santi and Alan I. White in Support of Opposition; Declaration of Joe Mcknight In Opposition to Motion for Preliminary Injunction; and Defendants Request for Judicial Notice in Support of Opposition to Plaintiffs Order to Show Cause RE Preliminary Injunction; Declaration of Alan I. White in Support. (White, Alan)
September 5, 2018 Filing 19 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFFS OSC filed by Defendants Mafalda Fontana, Roque Santi. (Attachments: #1 Exhibit Documents from Los Angeles County Website, #2 Exhibit Debtor First Status Report, #3 Exhibit Exhibit 3, part 1, Santi Proof of Claim, #4 Exhibit Exhibit 3, part 2, Objection to Proof of Claim, #5 Exhibit Order Approving Claim, #6 Exhibit Exhibit 5, part 1, Amended Motion for Relief of Stay, #7 Exhibit Exhibit 5, part 2, Second half of Amended Motion for Releif of Stay, #8 Exhibit Exhibit 5, part 3, Opposition to Motion for Relief, #9 Exhibit Order Granting Motion for Relief of Stay, First Bankruptcy, #10 Exhibit Order Granting Motion for Releif From Stay, 2nd Bankruptcy, #11 Exhibit Santi Proof of Claim, Second Bankruptcy, #12 Exhibit Exhibit 9, Part 1, Motion Objecting POC, Opposition, #13 Exhibit Exhibit 9, Part 2, Second half Opposition and Reply, #14 Exhibit Disclosure Statement and Plan of Reorganization, Second Bankruptcy, #15 Declaration 4 Monthly Operating Reports from First and Second Bankruptcy)(White, Alan)
September 5, 2018 Filing 18 DECLARATION of Joe Mcknight Opposition EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 filed by Defendants Mafalda Fontana, Roque Santi. (White, Alan)
September 5, 2018 Filing 17 Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 filed by Defendants Mafalda Fontana, Roque Santi. (White, Alan)
September 4, 2018 Opinion or Order Filing 16 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Report due by 9/21/2018., Scheduling Conference set for 10/1/2018 at 08:30 AM. (SEE ORDER FOR FURTHER SPECIFICS) (bp)
August 24, 2018 Opinion or Order Filing 15 (IN CHAMBERS) ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (TRO) AND ORDER TO SHOW CAUSE (OSC) WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (DKT. #10 ) by Judge John A. Kronstadt: The request for the issuance of a TRO is MOOT, and the request for the issuance of an Order to Show Cause with respect to a hearing on the motion for a preliminary injunction is GRANTED. That hearing is scheduled for October 1, 2018 at 8:30 a.m. Defendants shall file any substantive opposition(s) to the request for a preliminary injunction on or before September 5, 2018, and Plaintiff shall file any reply on or before September 12, 2018. In that briefing, the parties shall address, inter alia, the following issues: [See Order for Details] (ake)
August 24, 2018 Filing 14 PROOF OF SERVICE filed by Plaintiff Tania Elissia Batache, re Minutes of In Chambers Order/Directive - no proceeding held,,,, Set/Reset Deadlines/Hearings,,, #12 served on 8/23/2018. (Stubbe, Ryan)
August 23, 2018 Filing 13 DECLARATION of Alan White EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 filed by Defendant Roque Santi. (Attorney Alan I White added to party Roque Santi(pty:dft))(White, Alan)
August 23, 2018 Opinion or Order Filing 12 (IN CHAMBERS) ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (TRO) AND ORDER TO SHOW CAUSE (OSC) WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE (DKT. #10 ) by Judge John A. Kronstadt: Defendants shall file a response to the Application on or before August 24, 2018 at 9:00 a.m., solely with respect to whether Defendants agree to defer the scheduled foreclosure sale until after an order issues on the motion for a preliminary injunction. If Defendants so agree, they shall file any substantive opposition to the request for a preliminary injunction on or before September 5, 2018, and Plaintiff shall file any reply on or before September 12, 2018. A hearing on the matter will then proceed on October 1, 2018 at 8:30 a.m. Plaintiff shall immediately provide Defendants with email and telephonic service of this Order and file a corresponding proof of service by August 24, 2018. [See document for details] (ake)
August 22, 2018 Filing 11 PROOF OF SERVICE filed by Plaintiff Tania Elissia Batache, re EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elis #10 served on 8/22/2018. (Stubbe, Ryan)
August 22, 2018 Filing 10 EX PARTE APPLICATION for Temporary Restraining Order as to Enjoining Defendants Roque Santi and Mafalda Fontana from Selling or Causing to be Sold Plaintiff's Real Properties with Memorandum of Points and Authorities; Declarations of Tania Elissia Batache and Ryan A. Stubbe in Support Thereof filed by Plaintiff Tania Elissia Batache. (Attachments: #1 Exhibit 1 (Note), #2 Exhibit 2 (Deed of Trust), #3 Exhibit 3 (Master Estimated Settlement Statement), #4 Exhibit 4 (Loan Modification), #5 Exhibit 5 (Notice of Default - Manhattan Beach), #6 Exhibit 6 (Notice of Default - Venice), #7 Exhibit 7 (Notice of Sale - Venice), #8 Exhibit 8 (Stipulation re Postponement of Foreclosure Sale), #9 Exhibit 9 (Proposed Order), #10 Exhibit 10 (Electronic Notice of Ex Parte Application), #11 Proof of Service) (Stubbe, Ryan)
August 16, 2018 Filing 9 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTATD (SEE ORDER FOR SPECIFICS) (bp)
August 13, 2018 Filing 8 21 DAY Summons issued re Complaint #1 as to defendant Mafalda Fontana. (esa)
August 13, 2018 Filing 7 21 DAY Summons issued re Complaint #1 as to defendant Roque Santi. (esa)
August 13, 2018 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
August 13, 2018 Filing 5 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Karen L. Stevenson. (esa)
August 11, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Tania Elissia Batache. (Stubbe, Ryan)
August 10, 2018 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Tania Elissia Batache. (Stubbe, Ryan)
August 10, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Tania Elissia Batache. (Stubbe, Ryan)
August 10, 2018 Filing 1 COMPLAINT Receipt No: 0973-22239155 - Fee: $400, filed by Plaintiff Tania Elissia Batache. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Attorney Ryan A Stubbe added to party Tania Elissia Batache(pty:pla))(Stubbe, Ryan)

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Defendant: Does 1-50, inclusive
Represented By: Alan I White
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Defendant: Mafalda Fontana
Represented By: Alan I White
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Defendant: Roque Santi
Represented By: Alan I White
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Defendant: All Persons Unknown
Represented By: Alan I White
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Plaintiff: Tania Elissia Batache
Represented By: Michael J Jaurigue
Represented By: Ryan A Stubbe
Represented By: Abigail Ameri Zelenski
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