Judge: Elaine W. Mandel, Case: 21SMCV00278, Date: 2023-04-05 Tentative Ruling

Case Number: 21SMCV00278    Hearing Date: April 5, 2023    Dept: P

Tentative Ruling

1126 Chantilly Road, LLC v. Donald N. Tallarico et al., Case No. 21SMCV00278

Hearing Date April 5, 2023

Third Party Nicola Tallarico’s Claim to Right of Possession

The arbitrator issued a final award granting Chantilly ownership of the disputed property. The court confirmed the award, entering judgment on November 8, 2022. On February 27, 2023, third party Jennifer Ivy Gordon filed a claim for possession, seeking to halt enforcement of the judgment. The court denied the claim on March 20, 2023. The order of denial stated “[t]he rights of 1126 Chantilly Road, LLC are superior to any rights of all other parties living, dead, or to be born.” See 3/20/2023 order pg. 2.

On March 21, 2023, third-party Nicola Tallarico filed a claim of right to possession. The court’s prior order precludes this claim. Per the order, Chantilly’s right to the property is superior to the rights of any other party, including Nicola Tallarico’s alleged right to possession.

Chantilly presents voluminous evidence – both documents and testimony – that Nicola Tallarico does not live at the disputed property, but at 10430 Ravenwood Ct. Coughlin exhibits A-D. Nicola Tallarico does not present any evidence own to refute Chantilly’s showing. DENIED.