Tentative ruling issued by Judge Timothy Taylor on Nov. 15, 2017 in San Diego County, CA - Case no: xxxxxCTL

Tentative Ruling on Motion for Summary Adjudication

Rose v. Murphy, Case No. 2016-26072

November 17, 2017, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is a quiet title action involving a 1997 loan in the amount of $175,000, secured by a deed of trust. Plaintiff complains the loan was usurious (complaint, e.g., paragraphs 28, 39, 46), and soon after filing the lawsuit in late July of 2016, requested a TRO and preliminary injunction stopping a planned foreclosure. Plaintiff also complains of wrongful conduct regarding the loan other than usury (complaint, e.g., paragraphs 19, 21, 23, 30, 33, 35, 41, and 48). The judge to whom the case was then assigned (Hon. Judith Hayes) ruled as follows:

"The Motion of Plaintiff Henry B. Rose, III, for Preliminary Injunction is GRANTED. On August 3, 2016, the court issued a TRO restraining Defendants from selling the property encumbered by the loan at issue in this case, and set an ….....