Judge: Olivia Rosales, Case: 20NWCV00430, Date: 2022-08-11 Tentative Ruling

Case Number: 20NWCV00430    Hearing Date: August 11, 2022    Dept: SEC

VILLANUEVA v. MAGAT

CASE NO.:  20NWCV00430

HEARING:  08/11/22

JUDGE:  OLIVIA ROSALES

ADD ON 1

TENTATIVE ORDER

Plaintiffs/Cross-Defendants’ Motion for Appointment of Elisor is GRANTED.

Moving Party to give Notice.

“A court typically appoints an elisor to sign documents on behalf of a recalcitrant party in order to effectuate its judgments or orders, where the party refuses to execute such documents.” (Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017, 1020.)

The Stipulation and Order filed on April 12, 2022 expressly states that the parties agree to list the Subject Property for sale, and that the parties agree that the listing agent/broker shall be Marcus and Millichap. (Rodriguez Decl., Ex. 2.)  

The Listing Agreement has been signed by Plaintiffs/Cross-Defendants, but not Defendant ARNEL MAGAT.

In a Limited Opposition filed by Defendant Arnel Magat, Defendant Magat’s counsel indicates that Arnel Magat is not refusing the sign the Listing Agreement but has signed a different version of the Listing Agreement than that attached as Exhibit 2 to Mr. Rodriguez’s Declaration. (see Talkov Decl., ¶2.) The Listing Agreement signed by Mr. Magat adds in a brand new subsection (2) to Section 17, which “merely adds terms in case the Plaintiff’s wish to purchase the property.” (Talkov Decl., ¶3.) 

This Motion is GRANTED. Defendant Magat unreasonably seeks to impose additional material terms to the Stipulation and Order meant to limit Plaintiffs’ abilities to purchase the Premises that were not expressly contemplated or agreed to by the parties at the time the Stipulation and Order was signed/issued. Defendant Magat impermissibly refuses to execute the Listing Agreement attached as Exhibit 2 to the Declaration of Attorney Rodriguez.  

The Motion for Appointment of an Elisor is GRANTED. The Clerk of Court is appointed an elisor to execute the Representation and Listing Agreement attached as Exhibit 2 to the Declaration of Attorney Rodriguez, with regard to the sale of Real Property located at 6822 Marbrisa Avenue, Huntington Park, CA on behalf of Defendant Arnel B. Magat.

Procedures for Obtaining Clerk’s Signature on Documents Per Court Order:

The following instructions were obtained from lacourt.org – Instructions for Obtaining Clerk of Court Signature on Documents Pursuant to a Court Order:

When the court orders the Clerk of the Court to execute documents on behalf of a party, the signing of those documents is performed at the Stanley Mosk Courthouse. Please direct all documents for the Clerk of Court signature to Family Law Court Operations Manager at 111 Hill Street, Room 426, Los Angeles, CA 90012.

When submitting documents for signature, they must be accompanied by the following:

·        A conformed copy of the order. If you are submitting documents without a physical court order, please provide the case number and the date the order was filed.

·        The order must name each document to be signed. A deed must state the type of deed (Grant Deed, Interspousal Transfer Deed, etc.) and include the address and legal description. Escrow documents must be listed separately (i.e. Escrow Instructions dated…., Disclosure regarding Real Estate Agency Relationship, Hazards Report, etc.) In lieu of naming each document, copies of the document may be attached to the order as exhibits. We cannot sign an order that is vague, with wording such as “sign any and all documents…”

·        We cannot sign an order that is contingent upon a party not performing their duty, i.e. “if respondent does not sign, then the clerk of the court is ordered to sign.” The order must describe the action that the clerk is required to perform and describe the document(s) with specificity.

The attorney or litigant must submit a check for fees, payable to the Los Angeles Superior Court. The current fee is $15.00 per signature or initial (GC70629). Please refer to the Current Civil Fee Schedule located in the Forms, Filings and Files tab on www.lacourt.org, as fees are subject to change. If any of the documents require notarization, the requestor must schedule an appointment and bring in a notary to perform the notarial services.

If you have any questions or need to schedule an appointment, please contact the Family Law Call Center at (213) 633-6363. The court makes every effort to comply with the order within 48 hours of receipt. The submitting party will be notified once the process is completed.