Judge: Jon R. Takasugi, Case: 19STCV20062, Date: 2023-07-10 Tentative Ruling

Case Number: 19STCV20062    Hearing Date: January 17, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion for an order waiving the appeal bond is DENIED.

On June 7, 2019, Plaintiff Jacob Reich filed a Complaint against Defendant Mansour Hashem. On September 1, 2020, Plaintiff filed a second amended complaint (SAC) alleging: (1) breach of written contract; (2) money had and received; (3) common counts; (4) open book account; (5) account stated; (6) failure to honor checks; (7) fraud; (8) negligence; (9) unjust enrichment; (10) judiciary foreclosure; and (11) reformation of contract.

Now, Defendant moves for an order waiving the appeal bond.

Discussion

            Defendant argues that he is indigent and has no means to raise the cash necessary for the appeal bond.

            The Court denies the requested relief.

            There is a long record of Defendant failing to produce the financial documents to support his claimed financial situation. Moreover, Defendant has at various times claimed payments which contradict his own claimed means. For example, Defendant claims he makes payments on hard money loans but has repeatedly failed to produce documents to show this. Defendant also previously claimed to be making monthly payments of $3,100 in “child support” for his adult child.

            Moreover, as noted by Plaintiff, there is a stark difference between a claim that one does not have liquidity and that one is indigent. Here, there is no dispute that Defendant receives $24,978 in rents each month for investment properties that he owns. An individual receiving $299,736 a year in rental payments is not indigent. Defendant’s single representation that he attempted to sell one of his properties, but the sale fell through, also does not equate to his being indigent, nor does it indicate that he is without means, access to funds, or the means to access funds.

            Based on the foregoing, Defendant’s motion for an order waiving the appeal bond is denied.

It is so ordered.

Dated:  January    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.