Judge: Michael Small, Case: 20SCTCV49949, Date: 2024-03-12 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 20SCTCV49949    Hearing Date: March 12, 2024    Dept: 57

The Court has not yet reached a tentative decision on Plaintiffs' motion for summary adjudication.  At the hearing on the motion, the Court will focus the parties' attention on two questions.  First, whether the facts in the stipulated judgment in the Lazar action sufficiently deem Reichnitz as an imposter to render the entrustment exclusion inapplicable under Freedman ?  Second, notwithstanding the inclusion in the stipulated judgment of the Rovinsky losses, are Plaintiff entitled to payment from Defendants for those losses when Plaintiffs admitted prior to the stipulated judgment and more recently in the lead up to the hearing on the motion that those losses were recovered ?  Put another way, and in the parlance of Defendants' argument regarding the Rovinsky losses in their opposition to the motion, are Plaintiffs materially misrepresenting the amount of their loss attributable to the Rovinsky losses?