Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of New York Mellon v. Preciado

Superior Court of California, Appellate Division, Santa Clara

August 19, 2013

THE BANK OF NEW YORK MELLON, Plaintiff and Respondent,
v.
VIDAL A. PRECIADO et al., Defendants and Appellants. THE BANK OF NEW YORK MELLON, Plaintiff and Respondent,
v.
ROLAND LUKE et al., Defendants and Appellants.

Ordered published by Supreme Ct. 3/19/14

Superior Court of the County of Santa Clara Appellate Division No. 1-12-AP-001360, 1-12-AP-001361 Honorable Socrates Manoukian, J.

Iscandari & Associates and Alieu Iscandari for Defendants and Appellants.

Bryan Cave, Andrea Hicks; Miles Bauer Bergstrom & Winters and Christine Chung for Plaintiff and Respondent.

The Court[*]

The appeal by appellants Vidal Preciado (“Preciado”), Roland Luke (“Luke”), and Kenneth Henderson (“Henderson”) (collectively, “Appellants”) from the unlawful detainer judgments entered on March 16, 2012, came on regularly for hearing and was heard and submitted on August 16, 2013 We hereby hold as follows:

Procedural History

This is an appeal from two related unlawful detainer actions. Respondent The Bank of New York Mellon (“Bank”) is the owner of 1343 State Street, in Alviso, California. On July 25, 2011, Bank acquired title to this property at a trustee’s sale pursuant to foreclosure upon a deed of trust. The property was previously owned by Preciado and occupied by Appellants.

On September 1, 2011, Bank served a written notice to Appellants to quit and deliver possession of the property within three days, 30 days, or 90 days (depending on their occupancy status). After waiting more than 90 days, Bank filed two unlawful detainer complaints against Appellants on December 19, 2011. The complaints incorrectly described the property as being located in San Jose instead of Alviso. Appellants filed individual answers to the complaints, and Henderson and Luke also filed individual prejudgment claims of right to possession.

Trial on the unlawful detainer actions was held on March 16, 2012, before the Honorable Socrates Manoukian.[1] That same day, a judgment was entered in each case which awarded Bank possession of the property, rent, and damages. However, when the sheriff sought to execute the writ, it was discovered that the property was incorrectly listed as being in San Jose. The sheriff was unable to execute the writ due to this error, and Bank moved for an ex parte order to amend the judgment. On April 13, 2012, the court entered an order amending the judgments to change the property address to Alviso.

At Appellants’ request, the court stayed Appellants’ eviction for 40 days, up to and including April 28, 2012. Appellants filed individual notices of appeal from the March 16, 2012 judgments.

Appealability

A final judgment in a limited civil case is appealable to the appellate division of the superior court. (Code Civ. Proc., ยง 904.2, subd. (a).) The trial court entered judgment in these limited civil cases on March 16, 2012. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.