Judge: Cherol J. Nellon, Case: 21STCV39700, Date: 2025-04-03 Tentative Ruling



Case Number: 21STCV39700    Hearing Date: April 3, 2025    Dept: 14

#8

Case Background 

Plaintiffs wanted to refinance their property. They allege that Defendants tricked them into taking out a much larger loan than intended, and that Defendants then diverted those excess funds into their own pockets.  

On October 28, 2021, Plaintiffs Hawthorne Hangar Operations (HHO) and Dan Wolfe filed their Complaint against Defendants, Production Capital, LLC (Production Capital), Remington Chase, Kevin Robl, and Grand Pacific Financing Corporation (Grand Pacific). 

On June 3, 2022, Plaintiffs filed Doe Amendments naming the Faisal Gill and the Gill Law Firm as Doe Defendants in this action. 

On February 2, 2023, Plaintiffs filed their verified Second Amended Complaint naming Faisal Gill, the Gill Law Firm, and other new Defendants. 

On March 24, 2023, Defendant Grand Pacific filed its First Amended Cross-Complaint. 

On December 19, 2024, Proposed Intervenor, Ernest Franceschi, Jr., filed this motion to intervene. 

On March 19, 2025, the Court continued this matter to allow Franceschi to withdraw the motion. 

On March 20, 2025, Plaintiffs filed a late opposition. 

On March 21, 2025, Franceschi filed a reply. 

Instant Pleading 

Proposed Intervenor, Ernest Franceschi Jr., moves for leave to file a Complaint in intervention in this matter. 

Decision 

The hearing on this matter is CONTINUED to May 13, 2025 to allow the parties to provide new briefing on this motion. The briefing schedule is to follow Code Civ. Proc., section 1005. 

Discussion 

Non-party Ernest Franceschi Jr. moves for leave to intervene in this action. At the March 19, 2025 hearing on this matter, Plaintiffs’ counsel represented that Franceschi had agreed to withdraw the motion. The Court continued the hearing to allow Franceschi to withdraw the motion. Plaintiffs then filed an opposition representing Franceschi chose to proceed with the motion. Franceschi filed a reply which alleges new disputes arising from HHO’s bankruptcy proceedings. Franceschi also submitted a revised proposed Complaint in intervention.  

The Court finds that new disputes have arisen since this motion was originally filed. Plaintiffs did not originally file an opposition because they believed Franceschi would withdraw the motion. Additionally, Plaintiffs have not had the opportunity to review the revised proposed Complaint in intervention filed on reply. In fairness to each party involved in this dispute, the Court orders the parties to file new briefing on this motion. The briefing schedule is to follow Code Civ. Proc., section 1005. 

Conclusion 

The hearing on this matter is CONTINUED to May 13, 2025 to allow the parties to provide new briefing on this motion. The briefing schedule is to follow Code Civ. Proc., section 1005.