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1 || GILBERT ZAVALA, #73271 -
4995 East Tulare Avenue
2 || Fresno, California 93727
Telephone: (559) 255-3800
3 || Facsimile: (559) 255-4153
Email: zavala007@aol.com
4]
5 || Attorney for Plaintiff: DONNA E. CORRALES ,
6 | | :
7 .
8 . SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF KERN
10 | DONNA E. CORRALES, an individual, Case No. BCV-21-100381
11 Plaintiff, STIPULATION AND ORDER FOR
STAY OF PROCEEDING PENDING
12 || vs. APPEAL OF ORDER GRANTING
SUMMARY JUDGMENT
13 | RICKY BRIAN CORRALES, an ,
individual; STEPHANIE CORRALES,
14 | an individual, JP MORGAN CHASE [Unlimited Civil Action]
BANK, N.A., SHANNON RUSSELL, an
15 | individual, and “all persons unknown,
claiming any legal or equitable right, ,
16 || title, estate, lien or interest in the
property described in the complaint
17 || adverse to Plaintiff's title, or cloud on
Plaintiff's title thereto,” and DOES 1 to
18 || 20, inclusive, ;
19 Defendants.
20
21 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff DONNA E.
22 || CORRALES (heremafter “Plaintiff CORRALES”) and Defendant RICKY BRIAN CORRALES,
23 || (hereinafter “Defendant RICKY”) and Defendant STEPHANIE CORRALES (hereinafter
24 1 “Defendant STEPHANIE”) by and through GILBERT ZAVALA, ESQ. and DIXON G.
25 | KUMMER, ESQ., their respective attorneys of records as follows:
. 26 WHEREAS,. Defendants JP MORGAN CHASE BANK, N.A., and SHANNON
27 || RUSSELL’s served and filed their Motion for Summary Judgment that was heard by the Court
28 || on November 17, 2023.
. Stipulation and Order for Stay of Proceeding Pending
Appeal of Order Granting Summary Judgment- Page 1
1 WHEREAS, the Court granted Defendants JP MORGAN CHASE BANK, N.A., and
. 2 || SHANNON RUSSELL’s Motion for Summary Judgment on November 17, 2023, onthe Second
3 || Cause of Action for Negligent Misrepresentation, Third Cause of Action for Rescission of
4 || Contract - [Civil Code § 1689(b)(1)], and the Fourth Cause of Action for Cancellation of Written .
5 | Instrument [Civil Code § 3412]. |
6 WHEREAS, the Court issued its Judgment on November 28, 2023, that Plaintiff
7 | CORRALES claims are all dismissed with prejudice as against JPMorgan Chase Bank, N.A. and
8 || Shannon Russell, only, and that Plaintiffshall take nothing as against Defendants JPMorgan Chase
9 || Bank, N.A. and Shannon Russell, and that Defendants JPMorgan Chase Bank, N.A. and Shannon
10 || Russell shall recover their costs incurred as against Plaintiff Donna E. Corrales.
11 WHEREAS, Plaintiff DONNA E,. CORRALES filed her Notice of Appeal of the
12 || Judgment entered on November 28, 2023, to the Fifth District Court of Appeal on January 9,
, 13 || 2024.
14 WHEREAS, Plaintiff DONNA E. CORRALES, Defendant RICKY CORRALES and /
15 Defendant STEPHANIE CORRALES are set for trial on Plaintiff’s Fourth Amended Complaint
16 | for Damages on January 29, 2024.
17 WHEREAS, California Code of Civil Procedure § 916(a) provides: “Except as provided
18 || m Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays
19 || proceedings in the trial court upon the judgment or order appealed from or upon the matters
20 || embraced therein or affected thereby, including enforcement of the judgment or order, but the
21 || trial court may proceed upon any other matter embraced in the action and not affected by the
22 |! judgment or order.” .
23 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and
24 | STEPHANIE CORRALES stipulate and agree that the Court granted Summary Judgment |
25 || against Plaintiff DONNA CORRALES in favor of Defendants JP MORGAN CHASE BANK,
26 || N.A., and SHANNON RUSSELL’s on the Third Cause of Action for Rescission of Contract -
27 || [Civil Code § 1689(b)(1)] and Fourth Cause of Action for Cancellation of Written Instrument
28 | [Civil Code § 3412).
Stipulation and Order for Stay of Proceeding Pending
Appeal of Order Granting Summary Judgment- Page 2
1 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and.
2 | STEPHANIE CORRALES stipulate and agree that the appeal of the Judgment of November 28,
3 || 2023, has legal issues and matters that relate to and concern Defendant RICKY CORRALES in
4 | the Second Cause of Action and Third Cause of Action. Defendant RICKY CORRALES is the
5 || sole remaining Defendant as it relates to the Second and Third Causes of Action. :
6 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and
7 || STEPHANIE CORRALES stipulate and agree that the legal matters at issue in the Second Cause
8 || of Action and Third Cause of Action against Defendant RICKY CORRALES are embraced and
9 || affected by the appeal of the Judgment entered on November 28, 2023.
10 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and
11 | STEPHANIE CORRALES stipulate and agree that the remaining causes of action in Plaintiff
- 12 | DONNA E. CORRALES’ Fourth Amended Complaint should be stayed pending the appeal of
13 || the Judgment entered November 28, 2023, for purposes of judicial economy and to avoid
14 | unnecessary costs of litigation. . |
. 15 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and ;
16 | STEPHANIE CORRALES stipulate and agree that the trial in the above entitled matter shall be
| 17 || stayed pending the appeal of the Judgment entered on November 28, 2023, until the final
18 || resolution. and remittitur in the matter of Corrales v. JPMorgan Chase Bank et. al. currently
| 19 || pending mm Fifth District Court of Appeal Case Number F087428.
20 STIPULATION
21 | - Based upon the foregoing, .it is hereby stipulated and agreed by and between Plaintiff
22 | DONNA E. CORRALES and Defendant RICKY BRIAN CORRALES, and Defendant
23 || STEPHANIE CORRALES by and through their respective attorneys of records that the
24 || remainder of this action be stayed pending the appeal of the Judgment entered on November 28,
25 || 2023.
26 It is further stipulated and agreed, that the trial date of January 29, 2024, shail be vacated
27 || and reset after the remittitur is issued by Fifth District Court of Appeal.
2g | iis |
Stipulation and Order for Stay of Proceeding Pending
- Appeal of Order Granting Summary Judgment- Page 3
a
1 IT IS SO STIPULATED. ;
: EustSroelh,
2 || Dated: January 10, 2024 Me 2
4 / _/s/GilbertZavala__| |
5 Attorney for Plaintiff
o, . DONNA E. CORRALES
6 / by K .
7 || Dated: January x, 2024 |
3 a Aete yo} PET a
9 Attornéy-for Défendants
RICKY BRIAN CORRALES and
10 STEPHANIE CORRALES
il
12 ORDER :
13 Based upon the foregoing and good cause appearing,
14 IT IS HEREBY ORDERED, that this action is stayed pending the appeal of the
15 || Judgment entered on November 28, 2023.
16 IT IS FURTHER ORDERED, that the trial date of January 29, 2024, shall be vacated
17 | and reset after the remittitur is issued by Fifth District Court of Appeal.
18 | DATED: .
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Stipulation and Order for Stay of Proceeding Pending
Appeal of Order Granting Summary Judgment- Page 4
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1 || GILBERT ZAVALA, #73271 - 4995 East Tulare Avenue 2 || Fresno, California 93727 Telephone: (559) 255-3800 3 || Facsimile: (559) 255-4153 Email: zavala007@aol.com 4] 5 || Attorney for Plaintiff: DONNA E. CORRALES , 6 | | : 7 . 8 . SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF KERN 10 | DONNA E. CORRALES, an individual, Case No. BCV-21-100381 11 Plaintiff, STIPULATION AND ORDER FOR STAY OF PROCEEDING PENDING 12 || vs. APPEAL OF ORDER GRANTING SUMMARY JUDGMENT 13 | RICKY BRIAN CORRALES, an , individual; STEPHANIE CORRALES, 14 | an individual, JP MORGAN CHASE [Unlimited Civil Action] BANK, N.A., SHANNON RUSSELL, an 15 | individual, and “all persons unknown, claiming any legal or equitable right, , 16 || title, estate, lien or interest in the property described in the complaint 17 || adverse to Plaintiff's title, or cloud on Plaintiff's title thereto,” and DOES 1 to 18 || 20, inclusive, ; 19 Defendants. 20 21 IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff DONNA E. 22 || CORRALES (heremafter “Plaintiff CORRALES”) and Defendant RICKY BRIAN CORRALES, 23 || (hereinafter “Defendant RICKY”) and Defendant STEPHANIE CORRALES (hereinafter 24 1 “Defendant STEPHANIE”) by and through GILBERT ZAVALA, ESQ. and DIXON G. 25 | KUMMER, ESQ., their respective attorneys of records as follows: . 26 WHEREAS,. Defendants JP MORGAN CHASE BANK, N.A., and SHANNON 27 || RUSSELL’s served and filed their Motion for Summary Judgment that was heard by the Court 28 || on November 17, 2023. . Stipulation and Order for Stay of Proceeding Pending Appeal of Order Granting Summary Judgment- Page 1 1 WHEREAS, the Court granted Defendants JP MORGAN CHASE BANK, N.A., and . 2 || SHANNON RUSSELL’s Motion for Summary Judgment on November 17, 2023, onthe Second 3 || Cause of Action for Negligent Misrepresentation, Third Cause of Action for Rescission of 4 || Contract - [Civil Code § 1689(b)(1)], and the Fourth Cause of Action for Cancellation of Written . 5 | Instrument [Civil Code § 3412]. | 6 WHEREAS, the Court issued its Judgment on November 28, 2023, that Plaintiff 7 | CORRALES claims are all dismissed with prejudice as against JPMorgan Chase Bank, N.A. and 8 || Shannon Russell, only, and that Plaintiffshall take nothing as against Defendants JPMorgan Chase 9 || Bank, N.A. and Shannon Russell, and that Defendants JPMorgan Chase Bank, N.A. and Shannon 10 || Russell shall recover their costs incurred as against Plaintiff Donna E. Corrales. 11 WHEREAS, Plaintiff DONNA E,. CORRALES filed her Notice of Appeal of the 12 || Judgment entered on November 28, 2023, to the Fifth District Court of Appeal on January 9, , 13 || 2024. 14 WHEREAS, Plaintiff DONNA E. CORRALES, Defendant RICKY CORRALES and / 15 Defendant STEPHANIE CORRALES are set for trial on Plaintiff’s Fourth Amended Complaint 16 | for Damages on January 29, 2024. 17 WHEREAS, California Code of Civil Procedure § 916(a) provides: “Except as provided 18 || m Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays 19 || proceedings in the trial court upon the judgment or order appealed from or upon the matters 20 || embraced therein or affected thereby, including enforcement of the judgment or order, but the 21 || trial court may proceed upon any other matter embraced in the action and not affected by the 22 |! judgment or order.” . 23 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and 24 | STEPHANIE CORRALES stipulate and agree that the Court granted Summary Judgment | 25 || against Plaintiff DONNA CORRALES in favor of Defendants JP MORGAN CHASE BANK, 26 || N.A., and SHANNON RUSSELL’s on the Third Cause of Action for Rescission of Contract - 27 || [Civil Code § 1689(b)(1)] and Fourth Cause of Action for Cancellation of Written Instrument 28 | [Civil Code § 3412). Stipulation and Order for Stay of Proceeding Pending Appeal of Order Granting Summary Judgment- Page 2 1 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and. 2 | STEPHANIE CORRALES stipulate and agree that the appeal of the Judgment of November 28, 3 || 2023, has legal issues and matters that relate to and concern Defendant RICKY CORRALES in 4 | the Second Cause of Action and Third Cause of Action. Defendant RICKY CORRALES is the 5 || sole remaining Defendant as it relates to the Second and Third Causes of Action. : 6 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and 7 || STEPHANIE CORRALES stipulate and agree that the legal matters at issue in the Second Cause 8 || of Action and Third Cause of Action against Defendant RICKY CORRALES are embraced and 9 || affected by the appeal of the Judgment entered on November 28, 2023. 10 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and 11 | STEPHANIE CORRALES stipulate and agree that the remaining causes of action in Plaintiff - 12 | DONNA E. CORRALES’ Fourth Amended Complaint should be stayed pending the appeal of 13 || the Judgment entered November 28, 2023, for purposes of judicial economy and to avoid 14 | unnecessary costs of litigation. . | . 15 WHEREAS, Plaintiff DONNA CORRALES and Defendant RICKY CORRALES and ; 16 | STEPHANIE CORRALES stipulate and agree that the trial in the above entitled matter shall be | 17 || stayed pending the appeal of the Judgment entered on November 28, 2023, until the final 18 || resolution. and remittitur in the matter of Corrales v. JPMorgan Chase Bank et. al. currently | 19 || pending mm Fifth District Court of Appeal Case Number F087428. 20 STIPULATION 21 | - Based upon the foregoing, .it is hereby stipulated and agreed by and between Plaintiff 22 | DONNA E. CORRALES and Defendant RICKY BRIAN CORRALES, and Defendant 23 || STEPHANIE CORRALES by and through their respective attorneys of records that the 24 || remainder of this action be stayed pending the appeal of the Judgment entered on November 28, 25 || 2023. 26 It is further stipulated and agreed, that the trial date of January 29, 2024, shail be vacated 27 || and reset after the remittitur is issued by Fifth District Court of Appeal. 2g | iis | Stipulation and Order for Stay of Proceeding Pending - Appeal of Order Granting Summary Judgment- Page 3 a 1 IT IS SO STIPULATED. ; : EustSroelh, 2 || Dated: January 10, 2024 Me 2 4 / _/s/GilbertZavala__| | 5 Attorney for Plaintiff o, . DONNA E. CORRALES 6 / by K . 7 || Dated: January x, 2024 | 3 a Aete yo} PET a 9 Attornéy-for Défendants RICKY BRIAN CORRALES and 10 STEPHANIE CORRALES il 12 ORDER : 13 Based upon the foregoing and good cause appearing, 14 IT IS HEREBY ORDERED, that this action is stayed pending the appeal of the 15 || Judgment entered on November 28, 2023. 16 IT IS FURTHER ORDERED, that the trial date of January 29, 2024, shall be vacated 17 | and reset after the remittitur is issued by Fifth District Court of Appeal. 18 | DATED: . 19 20 21 22 23 24 25 26 27 ; 28 Stipulation and Order for Stay of Proceeding Pending Appeal of Order Granting Summary Judgment- Page 4