Judge: Christopher K. Lui, Case: BC668542, Date: 2025-04-15 Tentative Ruling

Case Number: BC668542    Hearing Date: April 15, 2025    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 1:35 PM on April 14, 2025. 

Notice of intent to appear is REQUIRED 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)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on April 14, 2025.

Notice to Department 76 should be sent by email to smcdept76@lacourt.org, with opposing parties copied on the email.  The high volume of telephone calls to Department 76 may delay the Court’s receipt of notice, so telephonic notice to 213-830-0776 should be reserved for situations where parties are unable to give notice by email.

Per Rule of Court 3.1308, the Court may not entertain oral argument if notice of intention to appear is not given.

            This is an action to partition real property owned by a partnership and to dissolve the partnership.

            Defendants filed a cross-complaint to quiet title, claiming Plaintiff does not have any actual ownership interest in the property.

            On December 12, 2022, the Court entered interlocutory judgment for partition.

            Plaintiff/Cross-Defendant brings a motion to lift the stay on enforcement of judgment and to set the matter for hearing on compensatory adjustment.

TENTATIVE RULING

            Pursuant to the Declaration of Steven Lopez regarding termination of automatic stay and status of bankruptcy case filed on April 10, 2025, and Exhibit 1 attached thereto, on April 8, 2025, the U.S. Bankruptcy Court for the Central District of California entered an Order (Dkt. 25 in Case No. 1:25-bk-10068-VK) granting relief from the automatic stay pursuant to 11 U.S.C. §§ 362(d)(1), (d)(2), and (d)(4). The Order provides that Plaintiff Campana may proceed under applicable non- bankruptcy law to enforce the state interlocutory judgment and permit the sale of the subject property by the referee, including compensatory adjustments under California Code of Civil Procedure § 872.140 and cost apportionment per §§ 874.101, 874.020, and 874.040. (Order, ¶ 11.)

            The Supplemental Declaration of Steve Lopez filed on April 11, 2025 refers to a declaration and filings submitted by Petitioners Consuelo Saldana and Iva Dominguez, who seek to maintain a stay of enforcement based on their recently-filed Petition for Writ of Certiorari to the United States Supreme Court. However, the Court does not have a record of any written opposition or objections, although the Court will hear any arguments presented orally at the hearing.

            As such, Plaintiff/Cross-Defendant William Campagna’s motion to lift the stay on enforcement of judgment and to set the matter for hearing on compensatory adjustment, including attorney fees, under California partition law is GRANTED. A hearing on compensatory adjustment, including attorney fees, is set for June 27, 2025 at 8:30 a.m. Briefing is to be pursuant to code.