Judge: Melvin D. Sandvig, Case: 22CHCV00729, Date: 2023-02-21 Tentative Ruling

Case Number: 22CHCV00729    Hearing Date: February 21, 2023    Dept: F47

Dept. F47

Date: 2/21/23

Case #22CHCV00729

MOTION FOR ORDER APPOINTING RECEIVER

Motion filed on 1/6/23.

MOVING PARTY: Defendant/Cross-Complainant Irma Torres

RESPONDING PARTY: Plaintiff Albert Gonzalez on behalf of himself and all other members of Extra Hubbard, LLC and Cross-Defendant Albert Gonzalez

NOTICE: ok

RELIEF REQUESTED: An order appointing professional receiver Richard Weissman as receiver of all property jointly owned by Torres and Gonzalez, including but not limited to Super Mission, LLC (“Super Mission”), Extra Hubbard, LLC (“Extra Hubbard”), IA Manor, LLC (“IA Manor”), and all real property held by them as tenants in common, including 12341 San

Fernando Rd., Los Angeles, CA 91342, APN 2611-007-014 (the “Palacio”).   The other real properties at issue held by the companies previously named include: 14117 Hubbard St., Los Angeles, CA 91342, Assessor’s Parcel Number (“APN”) 2508-027-029 (the “Plaza”), owned by Extra Hubbard; 455 San Fernando Mission Blvd., San Fernando, CA 91340, APN 2521-022-021, and 415 San Fernando Mission Blvd., San Fernando, CA 91340, APN 2521-021-027, and 12446 San Fernando Rd., Los Angeles, CA 91342, APN 2507-007-030 (collectively, the “Banquet Halls”), owned by Super Mission; and the vacant lot with APN 2841-040-017 (“Sand Canyon”), owned by IA Manor (each a “Property” and collectively, the “Properties”).

RULING: The hearing on this motion will be continued. 

On 1/11/23, Defendant/Cross-Complainant Irma Torres filed a Notice of Related Case indicating that the instant case (22CHCV00729) is related to the following cases: 22CHCV00728 (pending in Dept. F49), 22CHCV00733 (pending in Dept. F47 and consolidated with the instant case).  No action was taken by this Court because the earliest filed case (22CHCV00728) is pending in Dept. F49.  See CRC 3.300(h)(1)(A). 

On 1/30/23, in 22CHCV00728, Defendant Daniel Torres filed a Notice of Related Case indicating that case is related to 22CHCV00733, 22CHCV00729 and 22CHCP00400 (pending in Dept. F49).  After reading and considering the Notice of Related Case filed on 1/30/23, Dept. F49 set an Order to Show Cause Re: Related Case for 4/14/23.  (See 1/31/23 Minute Order in 22CHCV00728).

The Court finds that a determination of whether this case is deemed related to the other cases and transferred to Dept. F49 should be decided before the instant Motion For Order Appointing Receiver is ruled upon.  Therefore, the hearing on the instant motion will be continued to 5/2/23.