Judge: Joseph Lipner, Case: 21STCV10774, Date: 2025-04-08 Tentative Ruling

Case Number: 21STCV10774    Hearing Date: April 8, 2025    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

Defendant Melanie Middien (“Defendant”) moves for the dismissal of this action filed by Plaintiff Daniel Nishiyama (“Plaintiff”). Defendant separate moves to strike a family law attorney real property lean (“FLARPL”) recorded by Plaintiff against Defendant’s properties.

The Court VACATES the hearing date for both motions and holds the motions in abeyance pending the lift of the bankruptcy stay on this case. 

Background

Plaintiff is an attorney who represented Defendant’s former spouse (the “Decedent”) in a divorce proceeding. In order to pay his legal fees, the Decedent permitted Plaintiff to attach liens to his community property interest in five real properties to which Defendant and the Decedent held an interest.

Defendant is the trustee of the family trust. Plaintiff filed a claim in the probate proceedings that arose out of the Decedent’s death. Defendant denied the claim. Plaintiff filed this civil case, stating claims for (1) breach of contract; (2) common counts; (3) enforcement of lien; and (4) adjudication of creditor’s claim.

Defendant filed a previous motion to dismiss on September 19, 2023. On November 16, 2023, the Court denied the motion without prejudice to Defendant’s ability to file a motion for summary judgment or summary adjudication. The Court explained that the motion to dismiss was not cognizable because it relied on evidence extraneous to the pleadings, setting it outside of the territory of a motion for judgment on the pleadings, but lacked a separate statement and other requirements to make it a motion for summary judgment.

On January 11, 2024, Defendant filed a motion for summary judgment calendared for May 21, 2024. On May 6, 2025, Plaintiff filed an opposition.

On May 14, 2024, Defendant filed a notice of stay of proceedings due to the initiation of a bankruptcy proceeding for Defendant in the United States Bankruptcy Court for the Central District of California, Case No. 2:24-bk-13422-VZ. This action was stayed as a result.

On May 21, 2024, the Court vacated the hearing on the summary judgment motion due to the bankruptcy stay. The motion for summary judgment is still pending at this time but not calendared.

On February 24, 2025, Plaintiff filed this motion to strike and motion to dismiss. Defendant filed an opposition to each and Plaintiff filed a reply in support of each.

Discussion

            This case remains under a bankruptcy stay. The Court therefore cannot hear these motions.

            Additionally, the Court notes that Defendant already has a pending motion for summary judgment in this action.