Bellot v. The Bank of New York Mellon CA1/2
The dispositive issue of this appeal is whether the trial court abused its discretion by granting an ex parte application for judgment and dismissal of plaintiff Lumack Bellot’s action, brought under Code of Civil Procedure section 581, subdivision (f)(2) and California Rules of Court, rule 1.1320(h) by defendants The Bank of New York Mellon, Bank of America, N.A., ReconTrust Company, N.A. and Mortgage Electronic Registration Systems, Inc. (collectively, defendants). Defendants based their application on the ground that plaintiff had not timely filed his first amended complaint after the trial court had granted defendants’ demurrer to plaintiff’s original complaint.
Defendants did not present sufficient evidence to the trial court that plaintiff failed to timely file his first amended complaint, the court’s files indicate plaintiff timely filed it and defendants concede on appeal that plaintiff timely filed it.
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