Judge: Elaine W. Mandel, Case: 21SMCP00018, Date: 2022-08-19 Tentative Ruling

Case Number: 21SMCP00018    Hearing Date: August 19, 2022    Dept: P

Tentative Ruling
Rafalian v. Elyaszadeh, Case No. 21SMCP00018
Hearing Date August 19, 2022
Elyaszadeh Defendants’ Motions for Judgment on the Pleadings

In this collections claim, assignee plaintiff Rafalian seeks to recover three judgments entered against defendant Elyaszadeh. Rafalian alleges Elyaszadeh wrongfully transferred assets to the other defendants to avoid paying the underlying judgments.

On May 31, 2022, the court entered judgment on the pleadings in favor of defendants Magasinn and Samih on the grounds that the underlying judgments were already satisfied, and the fraudulent transfer claims were barred by the statute of limitations. Defendants Elyasazadeh, E&E Mortgage Bankers Corp., E.L.Y. Mortgage Bankers Corp., 26 Malibu, LLC, E&B Funding Group, LLC, and PCH USA 26, LLC (collectively the “Elyaszadeh parties”) move for judgment on the pleadings on the same grounds.

A party may move for judgment on the pleadings at any point prior to trial. Cal. Code of Civ. Proc. §438. Judgment may be granted based on grounds that appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Id.

In its May 31, 2022, ruling the court concluded Rafalian’s collections claims were moot because the judgments had been satisfied and the statute of limitations expired on the fraudulent transfer claims. See 5/31/2022 minute order, pgs. 2-3. That is the law of the case. This motion is essentially identical to the prior motions and is granted on the same reasoning. GRANTED.