Judge: Mark C. Kim, Case: 21LBCV00477, Date: 2023-02-02 Tentative Ruling

Case Number: 21LBCV00477    Hearing Date: February 2, 2023    Dept: S27

1.     Background Facts

Plaintiff, Efrain Medina Romo filed this action against Defendant, Fabiola Medina for quiet title, declaratory relief, and resulting trust.  Plaintiff alleges he purchased the property located at 400 E. 21^st Street, Unit E, Long Beach, CA 90806 in 1999 and provided all funds for the purchase.  He alleges Defendant, his daughter, took legal title to the home along with Plaintiff’s friend, Guillermo Mayorga, because Plaintiff did not have the credit rating necessary to purchase the property in his own name.  In 2000, Mayorga wanted to divest himself of the property, and transferred his interest to Defendant. 

Plaintiff alleges he has lived in the property at all times since the purchase, and has made all mortgage, property tax, and insurance payments, in addition to paying all utilities, maintenance, and repair costs on the property. 

Plaintiff alleges Defendant and her husband are threatening to evict him from the property, and are refusing to provide him with title to the property. 

2.     Motion to Quash

Plaintiff filed this motion to quash on 7/25/22, setting it for hearing on 2/02/23.  The motion seeks to quash a deposition subpoena propounded to Wells Fargo Bank.  The Court notes that the motion is unopposed, and is hopeful that the parties have resolved the issues relating to the motion without the need for a hearing. 

In the event the issues remain unresolved, the motion is denied.  Pursuant to CCP §2024.020(a), “any party shall be entitled as a matter of right…to have motions concerning discovery heard on or before the 15^th day, before the date initially set for the trial of the action.”  Trial in this case is set for 2/06/23 only four days after the scheduled hearing on this motion.  The motion is therefore summarily denied per §2024.020(a). 

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  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.  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 any party does not submit on the tentative, the party should make arrangements to appear remotely at the hearing on this matter.