In a tentative ruling on February 13, 2008, Judge Charles Margines dismissed Laguna Heights Community Association in the Chen vs. Association Lien Services case.

According to Jeremy Rhyne, a co-counsel for Jay Chen, the wrongful foreclosure, unfair business practices and racketeering case against the homeowner association lawyers Swedelson & Gottleib, David Swedelson and his wife Sandra Gottleib, and their collection company Association Lien Services has been set for a jury trial to begin on March 10, 2008. Mohamed K Ghods of Ross Dixen & Bell is the attorney on record for Jay Chen. The Swedelson's are representing themselves.

Last year defendants Niguel Ranch Homeowner Association and Seagate Niguel Homeowners Association were removed from the case by Jay Chen's lawyers after their lawyers offered settlements and signed confidential settlement agreements.

Among the witnesses expected to testify will be Jay Goldstein whose brother was a victim of a foreclosure by Swedelson & Gottleib, See: Homeowner Association Takes Home of Mentally Ill Person For $549 in Maintenance Dues - Jay Goldstein - June 06, 2007

Chen vs. Association Lien Services

Judge Charles Margines - Tentative Ruling - February 13, 2008 - Orange County Superior Court, California1) Laguna Heights Community Association's motion to dismiss DENIED. On April 20, 2005, this court issued a general stay of the entire action, based on the argument that a stay was necessary to prevent a duplication of the trial and related matters. That order included a stay on discovery.

Plaintiff was unable to conduct discovery until after the District Court of Appeal issued its remittitur, which explains its inability to discover the identity of moving party until recently. The stay served to toll the running of the 3-year statute embodied in CCP §583.240(b). Thus, service was timely. As for moving party's argument concerning its perceived inability to be ready for trial before the five-year statute runs, the court invites counsel to address this issue at the hearing.

The court declines to consider moving party's argument concerning the applicability of the discretionary 2-year statute, CCP §583.410, as that argument was first raised in the reply, leaving responding party no opportunity to properly address it.

2) Motion to strike DOE amendment and/or sever action against Laguna Heights Community Association GRANTED as follows: The motion to strike is GRANTED.

The FAC and matters of which the court takes judicial notice make clear that the entities involved in the allegedly wrongful foreclosure and related causes of action do not include Laguna Heights Community Association.

Specifically, the 3rd C/A alleges that Niguel Ranch HOA, Seagate HOA, and Seabreeze HOA owed a fiduciary duty to members of the HOAs, as did the ALS defendants; and that they breached their duties in various ways.

The 7th C/A seeks an accounting due to the wrongful foreclosure of plaintiff's home, a home different from the one in the Laguna Heights Community Association. In making this ruling, the court does not rule on the admissibility of evidence at trial concerning defendants' actions vis-à-vis plaintiff's home on Henley Dr. This ruling does moot the ruling on the first motion.