Judge: Joel R Wohlfeil, Case: 37-2020-00046847-CU-FR-CTL, Date: 2023-09-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - September 06, 2023

09/08/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2020-00046847-CU-FR-CTL SOMO VS HANNA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Judgment Not Withstanding the Verdict, 08/01/2023

The Motion (ROA # 259) of Defendant THAMIR AZIZ HANNA ('Defendant') for Judgment Notwithstanding the Verdict and / or Vacation of Judgment to the extent the jury verdict and Judgment found the existence of a contract between Defendant and Plaintiff RIMA AZIZ SOMO ('Plaintiff') and subsequent breach of contract, is DENIED.

There is a rational foundation in the evidence to support the jury verdict.

Finally, the Court notes Defendant's argument, on page 6 of his memorandum as follows: '... The jury's verdict that Plaintiff has been damaged in an amount equal to one-half the sale proceeds is essentially a finding that the house proceeds are community property and Plaintiff should get her half. As such, the jury has improperly usurped the power of the Family Court to determine what amount of the sale proceeds legally belongs to each party...' The Court is satisfied that the jury appropriately adjudicated the legal claims presented to them. The Family Court, in the exercise of its reasonable discretion, will decide how to reconcile the jury verdict with the remaining issues in the family case.

Calendar No.: Event ID:  TENTATIVE RULINGS

3003138