Judge: Michael Shultz, Case: 20CMCV00027, Date: 2023-10-23 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

TENTATIVE RULINGS -- http://www.lacourt.org/tentativeRulingNet/ui/main.aspx?casetype=civil

Case Number: 20CMCV00027    Hearing Date: October 23, 2023    Dept: A

20CMCV00027 Charles Olaniyi v. AJIM Baksh dba Baksh Construction, et al.

CMC: Monday, October 23, 2023 at 8:30 a.m.

[TENTATIVE] ORDER CONTINUING THE HEARING ON PLAINTIFF’S REQUEST FOR COURT JUDGMENT AGAINST DEFENDANT, MARIA CASTELLON

      Plaintiff filed the fourth amended complaint (“4AC”) on May 24, 2021. Plaintiff served Defendant Mary Castellon by substituted service on July 24, 2022. The Request for Court Judgment incorrectly reflects entry of judgment on the Complaint filed January 29, 2020. The original complaint has been superseded by the 4AC. Plaintiff shall resubmit the request for entry of default (Judicial Council Form CIV-100) to reflect the fourth amended complaint (line 1) filed on May 24, 2021 (line 1.a.)

      The 4AC alleges two causes of action for fraud and violation of Civil Code § 1102 against Defendant Castellon (fourth and fifth causes of action, respectively). The fraud claim adequately and specifically alleges the misrepresentations made by Defendant with respect to the condition of the home and Plaintiff’s reliance thereon. The fifth cause of action governing a seller’s required disclosures pertaining to the condition of the property and Defendant’s alleged failure to adhere to the statute’s requirements are also adequately alleged. (Civ. Code, § 1102.6.)

      With respect to damages, the 4AC alleges that contrary to Defendant’s representations, Plaintiff discovered defects in construction that were contrary to Defendant’s representations involving the external stucco, flooring and subflooring, garage floor, and the incomplete drainage system. Plaintiff alleges damages totaling $259,822. (4AC .pdf p. 30).

      In support of the damage claim, Plaintiff provided the following evidence:

Plaintiff submits identical estimates from JCME Construction for $57,200. Only the first estimate is considered.

      The evidence does not support Plaintiff’s request for judgment of $217,754.59. Plaintiff is ordered to file a supplemental declaration substantiating the full amount requested and additional evidence if necessary. The supplemental declaration and additional evidence shall be filed 10 court days before the hearing.

      Accordingly, the Court continues the hearing to November 28, 2023, at 8:30 a.m. in Department A of the Compton Courthouse. Plaintiff is ordered to resubmit the amended Request for Entry of Default as described above and a supplemental declaration substantiating the principal amount of damages requested.