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Mark J. Warfel #197874 LAW OFFICES OF MARK J. WARFEL 234 East Foothill Blvd. Arcadia, CA 91006-2508 (626) 301-9327 FAX (626) 609-0413 Mwarfel@gmail.com Attorneys for Defendants and cross-complainants, TARGET MORTGAGE, INC. and NILDA ANN MARIE MEG
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SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO
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CASE: 37-2016-00003885-CU-FR-CTL JOHN SCOFIELD HAGE and BONNIE GRACE HAGE, individually and as TRUSTEES OF THE J. SCOFIELD AND BONNIE GRACE FAMILY TRUST and Co-Managers of SB 32nd STREET APARTMENTS, LLC, a California Limited Liability Company,
) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) GOTMORTGAGE.COM, a ) California corporation; JAMES ) M. OSBORN, Jr., an individual; ) TARGET MORTGAGE, INC., a ) California corporation; ANDREA ) HAEWON PARK, an individual; ) THOMAS IPING LO, an ) individual; NILDA ANN MARIE ) MEG, an individual, et al. ) ) Defendants. ) ___________________________) and related cross-actions. )
NOTICE OF HEARING ON TARGET MORTGAGE, INC., AND NILDA MEG’S MOTION FOR NEW TRIAL AND TO VACATE JUDGMENT ENTERED AUGUST 29, 2017 [C.C.P. § 657 ET SEQ.; § 662] DATE: TIME: DEPT:
OCTOBER 20, 2017 8:30 AM C-73
LAST TRIAL DATE: JUNE 29, 2017 DATE OF VERDICT: AUGUST 29, 2017 [HON. JOEL R. WOHLFIEL]
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TO ALL PARTIES, AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 28
1 NOTICE HEARING ON MOTION FOR NEW TRIAL
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HAVING PREVIOUSLY GIVEN NOTICE OF INTENT AND NOTICE FOR A
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MOTION FOR NEW TRIAL AND ORDER VACTING THE JUDGMENT, NOTICE IS
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HEREBY GIVEN that, the Clerk of the Court has insisted that Defendants TARGET
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MORTGAGE, INC. and NILDA ANN MARIE MEG give Notice of a Hearing on their
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motion, pursuant to Code of Civil Procedure, section 657, et seq., for a new trial and an
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order vacating the Judgment rendered on August 29, 2017, and for a new and further
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trial on the issue of (1) damages and (2) the affirmative defense of consent.
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A hearing on said motion has been scheduled by the San Diego Superior Court Clerk for October 20, 2017, at 8:30 AM, or as soon thereafter as the matter may be
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heard, in Department C-73 of the San Diego Superior Court, located at 300 W.
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Broadway, San Diego, California, the Honorable Joel Wohlfeil presiding.
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The motion is based on the following statutory grounds, which materially affected
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the substantial rights of the moving party: Insufficiency of the evidence to justify the
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verdict or other decision, and the verdict or other decision is against law, in that
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1.
The uncontradicted evidence is that the loans brokered by Target
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Mortgage secured by the Kansas and Elliott properties reduced the damages caused by
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the existing loans in that the interest rate was reduced from 10% and 10.5% to 7.99%,
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and eliminated the two-year balloon payment resulting from the existing loans;
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2.
The uncontradicted evidence is that the Target-brokered loan secured by
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the Tennyson property was made for legal and accounting reasons after the borrowers
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consulted with their lawyers at Higgs Fletcher & Mack (HFM), and after Target canceled
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the loan John Hage insisted on refinancing with a $50,000 cash out with full knowledge
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the interest rate would increase by 2%;
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3.
The uncontradicted evidence is that the damages alleged by the plaintiffs
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were incidental to their ownership interest in the borrowers or were incurred by an
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irrevocable trust in which they were mere beneficiaries, and were thus contrary to
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California law;
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4.
The uncontradicted evidence is that the plaintiffs admitted they knew and
2 NOTICE HEARING ON MOTION FOR NEW TRIAL
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understood the loan terms and costs, executed numerous documents so stating, and
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consented to the commercial loans they requested Target broker for them; and 5.
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The uncontradicted evidence is that the plaintiffs knew that James Osborn
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was prohibited from engaging in activities that required a loan license and had been
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convicted of financial fraud felonies, yet independently hired him and paid him hundreds
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of thousands of dollars to assist them, thereby knowingly consenting to his involvement
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in obtaining loans on their behalf. This motion is based on affidavits and/or the minutes of the court, or both, and
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the court’s decision and ruling. Dated:
September 19, 2017 LAW OFFICES OF MARK J. WARFEL
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_______________________________ Mark J. Warfel Attorneys for Defendants and crosscomplainants, TARGET MORTGAGE, INC. and NILDA ANN MARIE MEG
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3 NOTICE HEARING ON MOTION FOR NEW TRIAL
PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 234 E. Foothill Blvd., Arcadia, CA 91006-2508.
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On September 19, 2017, I served the foregoing document(s) described as on party(ies) and/or counsel(s) for the party(ies) in this action:
NOTICE OF HEARING ON TARGET MORTGAGE, INC., AND NILDA MEG’S MOTION FOR NEW TRIAL AND TO VACATE JUDGMENT ENTERED AUGUST 29, 2017
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By causing such document(s) to be delivered to the office of the addressee(s) via e-service to the party(ies) named by the court’s e-service on 9/18/17:
Grant, Miles
miles@grantlawyers.com
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Holland, Lori Kessler, Alexander Lesli Miller
hollandl@higgslaw.com aj@grantlawyers.com millerl@higgslaw.com
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Lodovice, Barbara
lodoviceb@higgslaw.com
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Lupo, Erin
erin@grantlawyers.com
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Meguerditchian, Desiree
foothill.lg@gmail.com
Rahil Swigart
swigart@higgslaw.com
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via e-service agreement with SDSC I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 19, 2017, at Arcadia, California.
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_____________________________ MARK WARFEL