Mark and Karla Gibbs et al v. PrimeLending et al, No. 8:2013cv00887 - Document 283 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT by Judge David O. Carter, in favor of U S Bank National Association ND against Elender Escrow Inc, Elender Services LLC, Russell Biszantz jointly and severally. Related to: Notice of Lodging, 282 . See Judgment for more information. (MD JS-6, Case Terminated). (twdb)

Download PDF
Mark and Karla Gibbs et al v. PrimeLending et al Doc. 283 JS-6 1 2 3 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION - SANTA ANA 4 5 6 U.S. BANK NATIONAL ASSOCIATION, N.D., 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff, vs. PRIMELENDING, A PLAINS CAPITAL COMPANY, STEWART TITLE GUARANTY COMPANY, ELENDER SERVICES, LLC, ELENDER ESCROW, INC., NETCO, INC., SHELLY A. HICKSON, LAWYERS TITLE OF NEVADA, INC., AMY CHRISTINE TUECKES, CORINTHIAN TITLE COMPANY, INC., COMMONWEALTH LAND TITLE CO., MARK RUSSELL, RUSSELL BISZANTZ, AND JEFFREY H. BROWN, NETCO TITLE, INC. AND STEPHANIE R. DRYE, U.S. BANK NATIONAL ASSOCIATION ND Case No.: 8:13-CV-00887-DOC-ANx FINAL JUDGMENT AGAINST DEFENDANTS RUSSELL BISZANTZ, ELENDER ESCROW, INC., AND ELENDER SERVICES, LLC AND ORDER [282] Defendant, 21 22 23 THIS CAUSE came before the Court upon Plaintiff U.S. Bank National Association, N.D.’s Motion for Default Judgment Pursuant to Rule 55(b) Fed. R. P, 24 25 filed on October 3, 2013. ECF# 278. An executed proof of services appears in the 26 records for Defendants Russell Biszantz, Elender Escrow, Inc., and Elender Services, 27 28 LLC. ECF# 279. Defendants Russell Biszantz, Elender Escrow, Inc., and Elender -1FINAL JUDGMENT AGAINST DEFENDANTS RUSSELL BISZANTZ, ELENDER ESCROW, INC., AND ELENDER SERVICES, LLC AND ORDER Dockets.Justia.com 1 2 Services, LLC have failed to answer or otherwise respond to the Complaint or appear in this action. A Clerk’s Default was accordingly entered against the Russell 3 4 Biszantz, Elender Escrow, Inc., and Elender Services, LLC on May 22 & 23, 2013. 5 ECF#s 265 & 266. The Plaintiff U.S. Bank National Association, N.D. moved for 6 Default Judgment against Defendants Russell Biszantz, Elender Escrow, Inc., and 7 8 Elender Services, LLC, which the Court, in its discretion has determined should be 9 entered in part and denied in part. ECF# 281. Accordingly, it is 10 11 ORDERED AND ADJUDGED that Defendants Russell Biszantz, Elender 12 Escrow, Inc., and Elender Services, LLC are jointly and severally liable to Plaintiff 13 U.S. Bank National Association, N.D., for fraud, conversion, and negligence in the 14 15 16 17 amount of $1,347,741. IT IS FURTHERED ORDERED, that the $150,595.01 that is currently being held by the U.S. Marshal’s office in the present or related lawsuits styled U.S. Bank 18 19 National Association, N.D. v. Elender Escrow, Inc., et al., Case No. 8:09-CV-01203- 20 DOC-AN and U.S. Bank National Association, N.D. v. Elender Escrow, Inc., et al 21 Case No. 8:13-cv-00933-DOC-AN is to be released and paid to “U.S. Bank National 22 23 Association, N,D.” and sent to counsel of record. 24 25 Dated: December 2, 2013 ______________________ Honorable David O. Carter, United States District Judge 26 27 28 -2FINAL JUDGMENT AGAINST DEFENDANTS RUSSELL BISZANTZ, ELENDER ESCROW, INC., AND ELENDER SERVICES, LLC AND ORDER

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.