Judge: John C. Gastelum, Case: 20-01149878, Date: 2022-08-23 Tentative Ruling

Gamboa    v.   Haston

Motion - Other

Tentative Ruling:  Plaintiff Rosilee Gamboa (“Plaintiff”) moves for an order releasing Plaintiff’s one-half, or $622,286.42 of the December 2020 net sale proceeds of the subject realty, on the grounds that Defendant has no good faith claim to them; alternatively, Code of Civil Procedure section 128.5 sanctions against Defendant Jimmy L. Haston, Successor Trustee of the Haston Family Trust (“Defendant”) and his counsel to pay Plaintiff’s prospective expenses she may incur to release such one-half of the net sale proceeds.

The Court declines to consider all new points, arguments, and evidence presented for the first time on reply.  (See Balboa Ins. Co. v. Aguirre (1983) 149 Cal.App.3d 1002, 1010; Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.)

Plaintiff cites no authority in support of her Motion.  As the Court previously held, Plaintiff’s Complaint includes an accounting cause of action which is still at issue and Defendant’s Answer asserts certain affirmative damages which might bar or limit Plaintiff’s claims.  This is a contested matter and Defendant does not agree that Plaintiff is entitled to one-half of the sales proceeds.  As such, it would be premature to release the funds to Plaintiff at this time.  (See ROA 51.)

Accordingly, the Motion is DENIED. 

Plaintiff to give notice.