Judge: David Sotelo, Case: 21STCV23550, Date: 2022-12-09 Tentative Ruling
Case Number: 21STCV23550 Hearing Date: December 9, 2022 Dept: 40
MOVING PARTY: Plaintiff
Hsiao An Chen.
Plaintiff Hsiao An Chen sues a number of Defendants pursuant
to claims of (1) Breach of Written Contract, (2) Fraud, (3) Civil Theft, (4)
Quiet Title, (5) Avoidable Transfer, (6) Constructive Fraud, and (7) Financial
Elder Abuse on the alleged grounds that the Defendant Charles B. Hensley
deceived Plaintiff and other co-owners into transferring titles of two plots of
land to Defendants Desilu Studios, Inc., and Desilu Corporation for no
consideration in return.
Entry of Default was secured against Defendant Hensley on
December 20, 2021.
Now before the Court is Plaintiff’s Motion to Sever the
Quiet Title claim from the remaining claims in the Complaint and Request for
Default Judgment against Defendant Hensley on the first through third, fifth,
and seventh causes of action.
Pursuant to Code of Civil Procedure section 1048,
subdivision (b), “[t]he court, in furtherance of convenience or to avoid
prejudice, or when separate trials will be conducive to expedition and economy,
may order a separate trial of any cause of action, including a cause of action
asserted in a cross-complaint, or of any separate issue or of any number of
causes of action or issues, preserving the right of trial by jury required by
the Constitution or a statute of this state or of the United States.” “Whether
there shall be a severance and separate trials on issues in a single action is
a matter within the discretion of the trial court, whose ruling will not be
disturbed on appeal absent a manifest abuse of discretion.” (Downey Savings
& Loan Assn. v. Ohio Casualty Ins. Co. (1987) 189 Cal.App.3d 1072,
1086.)
In this action, Plaintiff makes an unopposed Motion to Sever
of the fourth cause of action on the grounds that “quiet title is one of the
causes of Plaintiff’s Complaint and an open evidentiary hearing is required”
for that claim pursuant to “Civil Code of Procedure Section 764.010.”
The Court GRANTS this Motion on Plaintiff’s stated grounds:
“It promotes judicial economy for the quiet title cause of action to be severed
from the remaining causes of action so that the remaining causes of action can
proceed via default judgment.”
Having satisfied the requirements of California Rules of
Court, rule 3.1800, the Court GRANTS Default Judgment against Defendant Charles
B. Hensley on the Complaint’s first through third, fifth, and seventh causes of
action in the amount of $951,523.46.
[¿] SERVICE OF OPERATIVE PLEADING
·
Service of Complaint on Defendant Hensley by Substituted
Service on October 6, 2021.
[¿] DEFAULT ENTERED ON: 10/20/21
·
See 10/20/21 Civil form CIV-100, Request for
Court Judgment.
[¿] NO PENDING MOTION TO VACATE
DEFAULT
[¿] MANDATORY JUDICIAL COUNCIL
FORM CIV-100 SUBMITTED FOR ENTRY OF COURT JUDGMENT (Cal. Rules of Court, rule
3.1800, subd. (a))
·
See 11/16/22 Civil form CIV-100, Request for
Court Judgment.
[¿] SUMMARY OF CASE PROVIDED (Cal.
Rules of Court, rule 3.1800, subd. (a)(1)) — or other declaration OK [N/A]
·
See 11/16/22 Statement of Case.
·
See 11/16/22 Declaration of Robert S. Altagen,
Esq.
[¿] EVIDENTIARY
DECLARATIONS/OTHER EVIDENCE (Cal. Rules of Court, rule 3.1800, subd. (a)(2);
see also Cal. Rules of Court, rule 3.1800, subd. (a)(8) [EXHIBITS])
·
See 11/16/22 Declaration of Robert S. Altagen,
Esq., Exs. A-J.
[¿] RELIEF PRAYED FOR IN
COMPLAINT (same as requested in default?): [¿] Yes [ ] No
·
See Complaint, ¶ 25(a) [requesting $650,000 in
compensatory damages].
[X]
Demand of Complaint: $ 650,000.00
[
] Damages
Special: $
General: $
[X]
Interest: $ 287,064.96
[X]
Costs: $ 1,868.50
[X]
Attorney’ Fees: $ 12,590.00
Total: $ 951,523.46
[¿] INTEREST COMPUTATIONS (Cal.
Rules of Court, rule 3.1800, subd. (a)(3))
·
See 11/16/22 Declaration of Robert S. Altagen,
Esq., ¶ 5.
[¿] DECLARATION OF MAILING —
Request for Entry of Default to Defendant (CCP § 587)
·
See 11/16/22 Civil form CIV-100, Request for
Court Judgment, item 6.
[¿] MEMORANDUM OF COSTS (Cal.
Rules of Court, rule 3.1800, subd. (a)(4))
·
See 11/16/22 Civil form CIV-100, Request for
Court Judgment, item 7.
o
Clerk’s Filing Fees: $ 450.00
o
Process Server’s Fees: $ 1,145.00
o
Other $ 273.50
o
Total: $ 1,868.50
[¿] DECLARATION OF NON-MILITARY
STATUS executed within 6 months? (Cal. Rules of Court, rule 3.1800, subd. (a)(5))
·
See 11/16/22 Civil form CIV-100, Request for
Court Judgment, item 8.
[¿] PROPOSED FORM OF JUDGMENT
INCLUDED (Cal. Rules of Court, rule 3.1800(a)(6))
·
See 11/16/22 Civil form JUD-100, Judgment.
[¿] REQUEST FOR DISMISSAL OF DOES
AND PARTIES AGAINST WHOM JUDGMENT NOT SOUGHT or APPLICATION FOR SEPARATE
JUDGMENT (Cal. Rules of Court, rule 3.1800(a)(7))
·
See 11/16/22 Civil Form CIV-110, Request for
Dismissal.
[¿]
ATTORNEY FEE DECLARATION (Cal. Rules of Court, rule 3.1800(a)(8))
·
See 11/16/22 Declaration of Robert S. Altagen,
Esq., ¶ 5.
[N/A] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) Must do
one of the following:
[N/A] Summons
notifies defendant that s/he was served under a fictitious name.
[N/A] Proof of
service states that the Doe amendment form was served with the complaint.
[N/A] Complaint
amended to reflect the true defendant’s name & allegations support claim.
Plaintiff Hsiao An Chen’s Motion to Sever is GRANTED as to
the Complaint’s fourth cause of action for Quiet Title based on judicial
economy promoting severance of this claim from the remaining claims in the
Complaint for the purpose of permitting Default Judgment.
Plaintiff’s Request for Default Judgment is also GRANTED
against Defendant Charles B. Hensley as to the Complaint’s first through third,
fifth, and seventh causes of action based on Plaintiff Chen’s satisfaction of
California Rules of Court, rule 3.1800.