Judge: Holly J. Fujie, Case: 685656, Date: 2022-12-23 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 685656    Hearing Date: December 23, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendants Parviz Taherpour and Liselotte Taherpour (collectively, “Moving Defendants”)

RESPONDING PARTY: Plaintiff

The Court has considered the moving, opposition and reply papers.

BACKGROUND

            This action arises out of a landlord/tenant relationship.  On December 4, 2017, Plaintiff filed a complaint (the “Complaint”) alleging: (1) fraudulent (bad faith) eviction in violation of Los Angeles Municipal Code (“LAMC”) section 151.09 A.8; (2) wrongful eviction in violation of Civil Code section 1947.10; (3) fraud; and (4) negligent misrepresentation. 

            A jury trial was held between August 1 and 9, 2022 on the first and third causes of action alleged in the Complaint.  On August 9, 2022, the jury rendered a verdict in Plaintiff’s favor, finding that Defendants acted in bad faith in recovering possession of Plaintiff’s rental unit for use and occupancy as a primary place of residence by their granddaughter.  The jury awarded Plaintiff economic damages in the amount of $200,000 and past non-economic damages in the amount of $5,000.  After the jury trial, the Court heard arguments on the Civil Code section 1947.10 claim.  On August 30, 2022, the Court issued an order finding in favor of Defendants on the Civil Code section 1947.10 claim.  Judgment was entered on September 28, 2022.

On November 28, 2022, Moving Defendants filed a motion for attorney’s fees (the “Motion”) to recover attorney’s fees they incurred in connection to the Civil Code section 1947.10 claim.  On November 29, 2022, the Court partially granted Moving Defendants’ motion for new trial (the “New Trial Motion”) on the issue of damages.  

When a court grants a partial new trial, the new trial order has the effect of vacating the entire judgment and holding in abeyance the portions which are not subject to a new trial until one final judgment can be entered.  (Newstart Real Estate Investment LLC v. Huang (2019) 37 Cal.App.5th 159.)  In light of the Court’s ruling on the New Trial Motion and its effect on the judgment, the Court CONTINUES the hearing on the instant Motion pending the conclusion of the new trial.

Moving party is ordered to give notice of this ruling. 

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 23rd day of December 2022