Judge: Christopher K. Lui, Case: 21STCV46724, Date: 2022-12-13 Tentative Ruling
Case Number: 21STCV46724 Hearing Date: December 13, 2022 Dept: 76
Pursuant to California Rule of Court
3.1308(a)(1), the Court does not desire oral argument on the motion addressed
herein. As required by Rule 3.1308(a)(2), any party seeking oral argument
must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to
appear and argue. Notice to Department 76 may be sent by email to
smcdept76@lacourt.org or telephonically at 213-830-0776. If notice of
intention to appear is not given and the parties do not appear, the Court will
adopt the tentative ruling as the final ruling.
Plaintiff alleges that Defendants defrauded him into taking out a short term bridge loan with exorbitant up-front costs and an enormous balloon payment after one-year, as a step toward obtaining a reverse mortgage.
Defendants Faith First Bancorp, Inc., Elizabeth Marithza Poe-Abad and J. Pepe De AL Vega move for a determination that the settlement between these Defendants and Plaintiff is in good faith pursuant to CCP § 877.6.
TENTATIVE
RULING
Defendant Peter Nisson in pro per was served
by e-mail only. However, there is no indication that he agreed to accept electronic
service. “Unrepresented persons are exempt from mandatory electronic filing and
service.” (Civ. Proc. Code, § 1010.6(d)(4).) The Court will not hear this motion
on the merits until it is clear that Nisson was properly served by mail with a
copy of the motion, notice of the hearing date, and had an opportunity to file
an opposition.
Defendants are to give notice of this motion
and the continuance to Defendant Nisson by mail, but represented parties may
receive notice of the continuance electronically.