Judge: Jon R. Takasugi, Case: 21STCV31128, Date: 2022-12-16 Tentative Ruling

Case Number: 21STCV31128    Hearing Date: December 16, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion for summary judgment is GRANTED.

On 8/23/2021, Plaintiffs Grant Grigoryan and Gorbushka, LLC (collectively, Plaintiffs) filed suit against Stewart Title of California, Inc. (STCA), Grand Pacific Financing Corporation c/o Beacon Default Management, Inc., and EBR Escrow. On 7/25/2022, Plaintiff filed a second amended complaint (SAC), alleging: (1) declaratory relief; (2) quiet title; and (3) cancellation. 

            Now, Stewart Title of California (Defendant) moves for summary judgment, or summary adjudication in the alternative, of Plaintiffs’ SAC.

            The motion is unopposed.

Discussion 

            Defendant argues that Plaintiffs cannot establish a triable issue of material fact as to the declaratory relief claim, quiet title claim, or for cancellation of instrument against Defendant.

In support, Defendant submitted evidence that it does not claim any legal or equitable right, title, estate, lien, or interest to the subject real property. (See SS ¶ 5, STCA’s Disclaimer of Interest in Real Property as Purported Trustee.) Defendant’s disclaimer of interest in the property supports a reasonable inference that there is no controversy to resolve as to Defendant with respect to the Declaratory Relief cause of action, and no adverse claim to title to support naming Defendant as a party to the Quiet Title cause of action.

Defendant also notes that the cancellation of instrument cause of action makes no reference to Defendant and thus clearly does not apply to STCA. Indeed, it is unclear from the SAC why Plaintiffs have included Defendant in this cause of action.

Defendant’s evidence supports reasonable inference that Plaintiffs cannot establish any of the three causes of action asserted against Defendant. Accordingly, the burden shifts to Plaintiffs to disclose a triable issue of material fact.

            Plaintiffs failed to oppose this motion, and thus have not met their burden at summary judgment or summary adjudication.

            Based on the foregoing, Defendant’s motion for summary judgment is granted.

It is so ordered.

Dated:  December    , 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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