Judge: Carolyn M. Caietti, Case: 37-2021-00024423-CU-FR-CTL, Date: 2024-03-15 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - March 12, 2024
03/15/2024 01:30:00 PM C-70 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Carolyn Caietti
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Civil - Unlimited Fraud Summary Judgment / Summary Adjudication (Civil) 37-2021-00024423-CU-FR-CTL JANKE VS PHG ENGINEERING SERVICES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Intervenor CommerceWest Bank's unopposed Motion for Summary Judgment and/or Summary Adjudication is GRANTED.
Intervenor's request for judicial notice is granted and notice will be taken to the extent permitted.
This motion is unopposed. The Court reviewed the claims alleged in the Second Amended Complaint in Intervention, the motion and the evidence in support of the motion, particularly the Declaration of David Quizon. (See, e.g., ROA 441.) Intervenor established facts justifying a judgment in its favor on the Second Amended Complaint and the other parties have not demonstrated the existence of a triable, material factual issue. Thus, the motion for summary judgment is GRANTED. Judgment is to be entered against Defendants in Intervention PHG Engineering Services, LLC and Francis Price.
At this time, the Court declines to make any orders directing the PHG receiver Invenz Inc. to pay any amounts from the funds held in the receivership estate until the respective claims and rights of the Successor Receiver, Intervenor and other creditors have been resolved.
This ruling is dispositive of the Second Amended Complaint in Intervention.
If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.
Intervenor is ordered to: (i) submit a proposed judgment in accordance with the California Rules of Court; and (ii) serve written notice of the Court's final ruling on all appearing parties by March 19, 2024.
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3068243