Judge: Michael Small, Case: 22STCV28010, Date: 2023-05-08 Tentative Ruling

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

Case Number: 22STCV28010    Hearing Date: May 8, 2023    Dept: 57

The Court is not issuing a tentative ruling prior to the May 8 hearing on the motion of Brius for a judicial reference.

The following questions will, however, form the focus of the hearing.

First, what is meant in Section 5 of the Guaranty by the phrase Brius's obligations under the Guaranty are "separate and distinct" from BCAP and Kingston's to Rosemead?   More specifically, what, if any, obligations of Brius are separate and distinct from those of BCAP and Kingston?  It seems to the Court that Brius's obligations to Rosemead are entirely derivative from, and intertwined with, BCAP and Kingston's.

Second, case number 22STCV28010 be related to and consolidated with 23STCV01042, which is pending before Department 37 ?   If so, the latter case would be transferred to Department 57.   This Court is aware that, in 23STCV01042, Rosemead has filed an anti-SLAPP motion that is set to be heard in Department 37 on May 11, and that BCAP has filed a motion for judicial reference in the Department 37 case that overlaps with Brius's motion for judicial reference and that is set for hearing in July.