Tony Chavez v. Planet Home Lending, LLC and Federal National Mortgage Association
Demurrer to the Original Complaint
Motion type
Causes of action
Parties
Ruling
mistake. Hossain fails to adequately explain why he did not timely respond to the complaint after being personally served with the summons, which sets forth that a response is due within 30 days, and complaint on 3/19/25. (See Nino Decl., Ex.A). While Hossain and his daughter generally state that they attempted to retain counsel and eventually found a paralegal to assist them on 10/7/25, they fail to set forth an exact timeline of events or explain why it took approximately 7 months to do so. (See Hossain Decl.; Sima Decl.).
Hossain and his daughter also fail to explain why it took another month after retaining the paralegal to attempt to file a response to the complaint on 11/7/25. (Hossain Decl.; Sima Decl.). Additionally, contrary to Hossain's assertion, he did not act diligently in seeking to have the default set aside after discovering it had been entered. Hossain admits learning that the 4/24/25 default had been entered on 11/7/25. (See Hossain Decl.; Sima Decl.). However, Hossain did not file the instant motion until 3/2/26, almost four months later.
CONCLUSION The motion is denied.
Date: 8/17/26 Case #26CHCV00002 DEMURRER TO THE ORIGINAL COMPLAINT Demurrer filed 3/11/26. MOVING PARTY: Defendants Planet Home Lending, LLC and Federal National Mortgage Association RESPONDING PARTY: Plaintiff Tony Chavez NOTICE: ok RULING: The demurrer is placed off calendar. On 1/2/26, Plaintiff Tony Chavez (Plaintiff) filed this action against Defendants Planet Home Lending, LLC and Federal National Mortgage Association (collectively, Defendants) and others alleging a single cause of action for quiet title. After meet and confer efforts failed to resolve the issues Defendants had with the complaint, on 3/11/26, Defendants filed and served the instant demurrer to the complaint. On 8/4/26, 9 court days before the hearing on the demurrer, Plaintiff filed and served a First Amended Complaint rendering the demurrer moot. See CCP 472(a); CCP 1005(b). | Home -->)" -->
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