Judge: Jon R. Takasugi, Case: 19STCV39580, Date: 2022-10-07 Tentative Ruling

Case Number: 19STCV39580    Hearing Date: October 7, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

The Intervenors’ motion for an order granting leave to file a Complaint in Intervention is GRANTED.

On November 4, 2019, Plaintiffs Terry Herrera and Teodora Herrera (collectively, Plaintiffs) filed suit against Full Circle Real Estate Solutions, Inc. (Full Circle), the Mum Group, Marvin U. Mangabat, and Erik Lederman. Plaintiff filed a first amended complaint (FAC), alleging: (1) intentional misrepresentation; (2) concealment; (3) negligent misrepresentation; (4) conversion; (5) elder abuse; (6) rescission of contract; (7) violation of Business and Professions Code section 7163; (8) breach of fiduciary duty; (9) cancellation of instruments; (11) declaratory relief; (12) unjust enrichment; (13) equitable lien; (14) preliminary and permanent injunction; and (15) violation of Business and Professions Code section 17200.

            Now, non-parties Massis Tarbinian and Houry Kelian (collectively, Intervenors) move for order granting them leave to file a complaint in intervention.

Discussion

            The Intervenors purchased the Subject Property at issue in this case at a public auction on 2/8/2022 for the sum of $1,002,500.00. On 2/24/2022, the Trustee Sale Officer executed and acknowledged a Trustee's Deed Upon Sale naming intervenors as the record titleholders of the Subject Property ("Husband and Wife as Community Property"). The Trustee Sale Officer, on March 9, 2022, caused that Trustee's Deed Upon Sale to be recorded at the 25 Offices of the Los Angeles County Recorder, as Instrument No. 20220272582.

The Intervenors argue that they should be allowed to intervene given that they claim sole ownership of the Subject Property by virtue of their recorded deed, and Plaintiffs’ SAC seeks a judgment adverse to the intervenors’ ownership interest in the Subject Property.

            CCP section 397, subdivision (d)(1) provides that the court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied:

(A) A provision of law confers an unconditional right to intervene.

(B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.

            The Court agrees that intervention is mandated here by CCP section 397, subdivision (d)(1)(B). The Intervenors claim an interest in the Subject Property here, and their ability to protect that interest would be impaired if they were excluded from this litigation. Given their particular interest, there is an inadequate basis to conclude that the Intervenors’ interest is adequately represented by one or more of the existing parties.

            Based on the foregoing, the Intervenors’ motion for an order granting leave to file a Complaint in Intervention is granted.

It is so ordered.

Dated:  October    , 2022

   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. 

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