Judge: Monica Bachner, Case: BC708135, Date: 2023-04-06 Tentative Ruling

Case Number: BC708135    Hearing Date: April 6, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant/Cross-Complainant Joel Wertman’s unopposed motion to dismiss the second amended complaint of Plaintiff Howard Fuchs is denied as moot.

          Defendant/Cross-Complainant Joel Wertman (“Wertman”) (“Defendant”) moves unopposed to dismiss Plaintiff/Cross-Defendant Howard Fuchs’ (“Fuchs”) (“Plaintiff”) claims with prejudice on the basis that the continued prosecution of Plaintiff’s claims would necessitate this Court’s assistance in enforcing an agreement for an illegal purpose.  (Notice of Motion, pgs. 1-2.)

On November 14, 2022, this Court presided on the trial of the claims made in Plaintiff’s January 15, 2020, second amended complaint (“SAC”) for fraudulent transfer and constructive fraudulent transfer against Defendants to this action.  On March 13, 2023, this Court issued its final Statement of Decision.  On March 29, 2023, this Court signed its judgment after trial by Court ordering Judgment against Defendants.  Accordingly, Defendant’s motion to dismiss Plaintiff’s SAC is moot.

Based on the foregoing, Defendant’s unopposed motion to dismiss the SAC in this action is denied as moot. 

Dated:  April 4, 2023

Hon. Daniel P. Ramirez

Judge of the Superior Court