MOTION FOR JUDGMENT GRANTED FOR DAVIS LAW'S CLIENT BEFORE TRIAL
Real Property Title Litigation Wherein Plaintiff Sought to Impose a $1.7 Million Lien on Property Encumbered by Davis Law's Client, a Nationally Recognized Lender
In 2011, Plaintiff sought to impose a $1.5 equitable million lien ahead of a $1.125 deed of trust held by Davis Law's client, a nationally recognized lender, on a parcel of residential real property in Newport Beach, California.
At the outset of the bench trial, Davis Law made a Motion for Judgment. Davis Law argued that its client was a bona fide encumbrancer as a matter of law due to the court’s Summary Adjudication, in November 2012, that defendant borrowers, are bona fide purchasers as a matter of law. Alternatively, Davis Law argued that the Court's elimination of the borrowers via Summary Adjudication meant that the court could not possibly craft any of the equitable relief sought by Plaintiff without necessarily impacting the property owned by the borrowers. The Court granted the Motion for Judgment and Judgment was entered for Davis Law's client.