Michael W. Stoltzman Jr. has been with The Ryan Firm for 14 years, and opened its Northern California and Nevada offices in 2014. Mike has done amazing work for clients of the firm for over a decade, but the year 2024 was something else altogether! The list of Mike’s 2024 successes is simply unparalleled. Most attorneys spend an entire career trying to achieve the results that Mike obtained in 2024 alone. We don’t expect you to read to the end… but if you want to give Mike a congratulatory phone call (and claim that you did read to the end), that would be great! When we compiled this list and discussed with Mike how it was unprecedented, of course he deferred to the rest of the attorneys, the management team and very importantly, our support staff including Heather, Lauren, Rose, and Miguel. But make no mistake, these are Mike’s cases, and Mike’s victories – and it was an amazing year!
UNANIMOUS JURY TRIAL VICTORY IN FEDERAL COURT!
Mike started off 2024 with a unanimous jury trial victory in federal court in the Eastern District of California concerning an alleged wrongful foreclosure of a single-family residence. Not only did the jury return a unanimous jury verdict in just a little over an hour, but Mike conducted this trial solo, without a second chair, or an attending paralegal. Mike was supported from our Orange County office by Managing Attorney Andrew Mase and Attorney Matthew Aguirre who assisted in drafting and editing various briefings sought by the court throughout trial.
ATTORNEY STOLTZMAN FORCES IMMEDIATE-SIGNIFICANT SETTLEMENT
One of the Ryan Firm’s loan origination clients sued a broker/originator regarding a secured loan that was actually unsecured. The client obtained judgment against the broker, but the broker fraudulently transferred its assets away to other entities. The Ryan Firm was substituted into the case after the initial attorneys filed a lawsuit against the other transferee entities. After conferring with Attorney Ryan and Attorney Mase, Mike immediately brought a motion for a receiver to take over management of the entities that received fraudulent transfers of assets from the judgment debtor. Simply by filing that motion, Mike was able to extract an immediate and significant settlement from these entities.
ATTORNEY STOLTZMAN (AND THE TEAM) SAVE THE SUMMARY NATURE OF POST-FORECLOSURE UNLAWFUL DETAINER
In Taptelis v. Homeward Opportunities Fund I Trust 2019-2 Mike successfully affirmed the-lower court judgment, securing a favorable outcome for our client – but first had to petition the appellate court to review (and reverse) its decision. The result was the culmination of excellent briefing supplemented by strategic arguments on appeal and during post-appellate motion practice.
Our client prevailed in its post-foreclosure eviction, and thereafter sold the property to a bona fide purchaser third party. On appeal, the former borrower argued that if a foreclosed borrower initiates litigation and records a lis pendens against the foreclosed property, that foreclosure purchaser does not obtain “duly perfected title.” As argued by The Ryan Firm, this was a novel argument without support in California law – but the appellate court ruled in favor of the former borrower, finding that “Homeward was required to, at its option, either expunge the lis pendens or resolve the wrongful foreclosure litigation before it could serve the notice to quit necessary to initiate an unlawful detainer action” - temporarily. Mike and Attorney Mase diligently navigated through post-appellate motion practice and convinced the appellate court to reverse course, and de-publish the opinion – saving the summary nature of post-foreclosure eviction in California!
7 YEAR FORECLOSURE CHALLENGE ODYSSEY ENDS WITH EMPHATIC APPELLATE VICTORY!
The Ryan Firm substituted into litigation between a savvy borrower and his lender’s successor after the court issued an order stopping the foreclosure sale in 2017. The Ryan Firm prevailed in the original state court case, with the borrower then filing an action in federal court, which The Ryan Firm won.
Not yet giving up, on the evening before the foreclosure sale, the borrower’s son filed a Chapter 11 Bankruptcy Petition, claiming that an unrecorded grant deed from the borrower prevented the foreclosure sale from moving forward. The foreclosure sale occurred, with the Ryan Firm moving for relief from stay, nunc pro tunc thereafter and prevailing on that motion. The borrower’s son appealed this loss to the District Court– but with Mike leading the briefing charge, the Ryan Firm was able to show that this matter was mooted by eviction of borrower and his son from the property and the District Court dismissed the appeal.
Undaunted, the borrower’s son then sued the successor in a bankruptcy adversary proceeding for many of the same claims adjudicated by the original trial court and for violation of the automatic stay. Mike’s clear, persuasive and comprehensive briefing to the bankruptcy court yielded a judgment in our client’s favor. The borrower’s son appealed the ruling to the District Court. Mike crafted a comprehensive brief providing the District Court with a clear roadmap of this litigation’s tortured history. After extensive briefing, the District Court affirmed the trial court’s ruling in emphatic fashion.
OTHER GENERAL LITIGATION VICTORIES IN 2024
· 5107 Westhaven Street, Los Angeles – This case was a foreclosure challenge lawsuit against our clients. Our firm substituted into the case, and Mike was immediately able to have the case knocked out on a preliminary motion, and defeated the plaintiff’s motion for reconsideration.
· 340 Dorantes, San Francisco – This was a Fair Debt Collection Practices case regarding servicing and foreclosure of a single-family residence. Mike was able to trim the case down with early motions in limine. Then won on a summary judgment motion.
· 660 Pinnacles Terrace, Sunnyvale - This was a series of foreclosure challenge lawsuits against our client. Mike was able to obtain not one, but two vexatious litigant orders against the Plaintiffs – which effectively ended the trial court litigation with the borrowers appealing said orders, among other orders. The appellate court affirmed all orders.
· 95 Washington Street, Hartford, CT – Our California based mortgage servicing client asked us to review its Connecticut counsel’s work in a matter in which it was being sued. Local Connecticut counsel had little to protect the client. Our firm, with Mike leading the way, stepped in at the VERY last minute, nullified the looming arbitration date, obtained a trial continuance, reached out to the note owner, and orchestrated settlement of the entire matter with our client contributing nothing to the settlement.
· Bankruptcy - The bankruptcy trustee filed suit against our loan servicer client to recoup loan payments made to the client over a multi-year period that the trustee believed was a preferential transfer and should be owed to the creditors of the borrower's estate. Mike was able to obtain dismissal at the outset, avoiding major litigation fees (and potential liability).
· 911 Loma Vista, Beverly Hills – Client purchased this significant property at non-judicial foreclosure sale. Challenge was brought to his purchase, and the plaintiff sought a TRO and an injunction to stop the issuance of the foreclosure deed. Mike defeated the TRO and preliminary injunction, allowing the trustee’s deed upon sale to record and our client’s right to possession to move forward.
· 984 Bel Air Road, Los Angeles - The foreclosed upon borrower sued attempting to interfere with our client’s sale of the property. Mike managed to get the litigation dismissed, and then worked very closely with the title insurance company to ensure that title insurance would cover the sale - despite pending appeals filed by the former borrowers and others.
· 4051 Leight Street, Riverside – Our firm was retained after the client had an unlawful detainer judgment entered against them. Mike appealed that judgment, filed a new case, and helped provide possession of the property to the client within 60 days of retention.
Mike’s Recovering Possession of Real Estate in 2024
· San Francisco residence valued at $8,000,000 – Property in San Francisco wherein the client had been fighting for years for recovery of possession. Mike obtained a writ of possession within two months!
· San Jose residence valued at $1,500,000 – Mike obtained a trial court judgment for possession and successfully defended the appeal.
· Murietta residence valued at $1,200,000 – Mike obtained judgment obtained within thirty days and possession was obtained within 60 days!
· Martinez residence valued at $800,000 - Borrower settled with our client but refused to vacate. Mike dual tracked the litigation so that we were able to obtain possession immediately upon breach.
· Montclair residence valued at $600,000- Mike was able to (nearly) immediately obtain settlement and possession.
· San Fernando residence valued at $600,000. A very aggressive litigant borrower pulled nearly every procedural trick in the unlawful detainer playbook, but Mike was able to prevail on a motion for summary judgment and obtain possession in six months!
Mike’s Background and how he spends his free time
Mr. Stoltzman received a Bachelor of Arts degree in Business Administration with an emphasis in Finance from Chapman University in 2006. Mr. Stoltzman then obtained his juris doctor degree from Chapman University School of Law, where he also studied abroad at Cambridge University at Sidney Sussex in Cambridge, England. Mr. Stoltzman was also a Staff Editor and Articles Editor for the Law Review at Chapman University School of Law. He subsequently clerked for the Honorable Richard Aronson of the California Court of Appeal, Fourth District, Division Three. Prior to joining The Ryan Firm, Mr. Stoltzman practiced real estate and business litigation. Mr. Stoltzman is licensed in every State and Federal Court in California, as well as Nevada.
In his free time, Mr. Stoltzman enjoys spending time with his family and friends, reading, playing hockey, surfing, hiking, snowboarding, split-boarding and snowmobiling.
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