Luchini

Luchini v. JPMorgan Chase Bank, N.A. (In re Luchini)

Good Law
511 B.R. 664
United States Bankruptcy Court, Eastern District of CaliforniaJune 4, 2014Bankruptcy No. 10-30359-E-13; Adversary No. 13-2321California7,464 words

Opinion

Lead Opinion

Sargis, J.

MEMORANDUM OPINION AND DECISION GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT FOR THIRD CLAIM FOR RELIEF AND FOR ATTORNEYS’ FEES AND DENYING WITHOUT PREJUDICE ALL OTHER RELIEF REQUESTED

Plaintiff Elizabeth Luchini (“Plaintiff’), moves the court for entry of a Default Judgment against JPMorgan Chase Bank N.A. (“Defendant”). Jurisdiction for this Adversary Proceeding exists pursuant to 28 U.S.C. §§ 1334 and 157(a), and the referral of bankruptcy cases and all related matters to the bankruptcy judges in this District. ED Cal. Gen Order 182, 223. This Adversary Proceeding is a core matter arising under Title 11, including 11 U.S.C. §§ 523 (a). 28 U.S.C. § 157 (b)(2)(I).

Service and Notice of the Motion were made as required by Local Bankruptcy Rule 9014 — 1(f)(1). Plaintiff provided 45 days notice, with 28 days notice required.

*668 Upon review of the Motion, Supporting Pleadings, and Files in this Adversary-Proceeding, the court grants the Motion with respect to the Third Claim For Relief (Extinguishment of the Second Deed of Trust Claim), Sixth Claim for Relief (Cal. Civ.Code § 2914), and attorneys’ fees and costs. The court denies without prejudice the Motion with respect to the…

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