Professional Documents
Culture Documents
Keane – 10333
WALTER T. KEANE, P.C.
2825 Cottonwood Pkwy., Suite 500
Salt Lake City, Utah 84121
Telephone: (801) 990-4422
Facsimile: (801) 606-7533
Email: walter@walterTkeane.com
Attorney for Plaintiff
ROD KAGAN
Plaintiff,
MOTION FOR PARTIAL SUMMARY
-vs- JUDGMENT
Judge: Dever
Pursuant to Rule 56 of the Utah Rules of Civil Procedure, plaintiff moves the
Court for summary judgment on the issue of the validity of former defendant Direct
Mortgage Corp.'s trust deed recorded against the property which is the subject matter of
The grounds for this motion are: (1) there exists no issue of disputed material fact
and (2) plaintiff is entitled to judgment as a matter of law in regards to the invalidity of
1
the trust deed. While others may have a claim to the property, former defendant Direct
together with a stipulation of material facts by former defendant Direct Mortgage Corp.
_______________________
BY: Walter T. Keane
Certificate of service
Darren K. Nelson
Parr Brown Gee & Loveless
185 South State St., Suite 800
Salt Lake City, Utah 84111-1537
______________________
2
Walter T. Keane – 10333
WALTER T. KEANE, P.C.
2825 Cottonwood Pkwy., Suite 500
Salt Lake City, Utah 84121
Telephone: (801) 990-4422
Facsimile: (801) 606-7533
Email: walter@walterTkeane.com
Attorney for Plaintiff
ROD KAGAN
Plaintiff,
MEMORANDUM IN SUPPORT OF
-vs- MOTION FOR PARTIAL SUMMARY
JUDGMENT
BEHZAD “BOBBY” ASHTIANI, SCOTTY (QUIET TITLE OVER DIRECT
J. BULLOCK, TODD BULLOCK, MARC MORTGAGE TRUST DEED.)
HUNTINGTON, ET AL.
Judge: Dever
In support of his motion for partial summary judgment plaintiff, Rod Kagan
submits the following undisputed material facts and relevant legal principles:
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Undisputed Material Facts
1. Former defendant Direct Mortgage Corp. has no interest in the trust deed recorded
on December 16, 2008 at book number 9665, page number 5699-5716, in the office of
2. Former defendant Direct Mortgage Corp. does not claim any right, title, or
interest, beneficial or otherwise, in the property which is a subject matter of this litigation
Argument
Summary judgment is proper where, "no genuine issue as to any material fact
[exists] and the moving party is entitled to judgment as a matter of law." Rule 56, URCP.
It is undisputed that former defendant Direct Mortgage Corp. has no interest in the
Therefore, the trust deed which is specifically noted in the attached Exhibit "A,"
must be declared a nullity and stricken from the chain of title. Any other party claiming
an interest in the property may record her or its interest pursuant to §57-3-101, UCA.
2
Conclusion
In consideration of the foregoing, Kagan requests that this Court execute an order
– which will be recorded with the Salt Lake County recorder's office – nullifying the trust
deed. And such further actions deemed just and proper by this Court
_______________________
BY: Walter T. Keane
Certificate of service
Darren K. Nelson
Parr Brown Gee & Loveless
185 South State St., Suite 800
Salt Lake City, Utah 84111-1537
______________________
3
FILED DISTRICT COURT
Third Judicial District
Walter T. Keane - 10333
WALTER T. KEANE, P.C.
2825 Cottonwood Pkwy., Suite 500
Salt Lake City, Utah 84121
B W SALT LAKE CUUi'l1 Y
Y Deputy Clerk
Telephone: (801) 990-4422
Facsimile: (801) 606-7533
Email: walter@walterTkeane.com
Attorneyfor Plaintiff
ROD KAGAN
Plaintiff,
[PROPOSED] ORDER
-vs-
Case No: 080913914
BEHZAD "BOBBY" ASHTIANI, SCOTTY
J. BULLOCK, TODD BULLOCK, MARC Judge: Dever
HUNTINGTON, ET AL.
Defendants.
This Court having considered plaintiffs motion for partial summary judgment,
Direct Mortgage Corp., and such other papers and/or arguments which were submitted,
1. Pursuant to Rule 7, URCP, plaintiff was required to separately state each material
fact to which plaintiff contended there was no genuine issue of material fact; this was
done. Additionally, the plaintiff properly buttressed his separately stated facts with a
Court it is undisputed that former defendant, Direct Mortgage Corp., no longer claims
any right, title, or interest, whatsoever in the property which is a subject matter of this
litigation.
3. Having considered undisputed material facts the Court now turned its attention to
the law.
4. Any party claiming an interest in the property is free record such interest in the
5. Former defendant Direct Mortgage Corp. clearly no longer claims any interest.
2008 at Entry No. 10580161, Book No. 9655, Page No. 5699-5716, in the office of the
Certificate ofservice
~
I
to the following persons and/or entities:
Damian E. Davenport Behzad Ashtiani
Damian E. Davenport, P.C. The NPI whatever entities.
341 South Main St., Suite 406 61 Willow Tree Ln.
Salt Lake City, UT 84111 Irving, CA 92626
Darren K. Nelson
Parr Brown Gee & Loveless
185 South State St., Suite 800
Salt Lake City, Utah 84111-1537