Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

Plaintiff Dianires Majano, both in an individual capacity and as Attorney-in-Fact to Rudy Majano, (collectively, “Plaintiffs”) filed this action against defendants Bank of America, N.A. (“BANA”), Clear Recon Corp., and Does 1 through 50 pertaining to the sale of real property commonly described as 1245 W. 39th Street Los Angeles CA 90037 (“the Property”). The complaint sets forth four causes of action against all defendants for (1) Wrongful Foreclosure, (2) Violation of Homeowner Bill of Rights (“HBOR”), (3) Conversion, and (4) Monies Had and Received. 

On June 27, 2024, defendant BANA filed the instant demurrer against Plaintiffs’ complaint. 

Plaintiff’s opposition was due no later than September 10, 2024. Here, Plaintiffs filed and served an opposition on September 19, 2024, just two court days before the hearing. The untimely opposition leaves insufficient time for BANA to file a reply. 

Therefore, the Court CONTINUES the Hearing on Demurrer to _________________. BANA’s reply brief must be filed no later than five court days prior to the continued hearing date; no other briefing is allowed. 

 

Moving Party is ordered to give notice. 

 

DATED: September 20, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.