Judge: Olivia Rosales, Case: BC334843, Date: 2022-08-23 Tentative Ruling

Case Number: BC334843    Hearing Date: August 23, 2022    Dept: SEC

ROBLES v. CITY OF SOUTH GATE

CASE NO.:  BC334843

HEARING:  8/23/22 @ 1:30 PM

JUDGE:  OLIVIA ROSALES

#ADD-ON 2

TENTATIVE RULING

Cross-Complainant City of South Gate’s motion for entry of judgment on cross-complaint against Albert T. Robles is DENIED without prejudice. 

The court will reconsider its Order dated April 27, 2022, regarding the limited issue of Damages.  A hearing on the court’s own motion for reconsideration is set for Tuesday, September 20, 2022 at 10:30 a.m. in Dept. C.  City may electronically file and serve a Supplemental Brief addressing the Robles declaration by September 6, 2022.  Robles may electronically file and serve a Supplemental Response by September 13, 2022.  Both briefs are limited to three pages.  The parties may attach declarations and/or evidence beyond this page limitation.

Opposing Party to give NOTICE.

Cross-Complainant City of South Gate moves for entry of judgment on its cross-complaint pursuant to CCP § 437c(k).

“Unless a separate judgment may properly be awarded in the action, a final judgment shall not be entered on a motion for summary judgment before the termination of the action, but the final judgment shall, in addition to any matters determined in the action, award judgment as established by the summary proceeding provided for in this section.”  (CCP § 437c(k).)

On April 27, 2022, this court granted summary adjudication of the 2^nd cause of action for Breach of Fiduciary Duty, 3^rd cause of action for Labor Code § 2680, 4^th cause of action for Fraud, and 5^th cause of action for Breach of Contract.

The City submitted proof, unrebutted by Robles, establishing damages for various breaches of Robles’ contractual, statutory and fiduciary duties to the City, including all of the following:

•      Robles conspired with Espinoza so that Espinoza was able to wrongfully receive $1,825,000 in consulting fees from the City through the Southland Companies for the development of the Hollydale, CSP, and VSG projects.  At Robles’ direction, Espinoza paid Robles, his family members, friends, and business associates the sum of $1,242,588.00 from the consulting fees that Espinoza received from the City through the Southland Companies for the Southland Projects.  (UF 39.)

•      At Robles’ direction, Espinoza paid United States Government Depot, a company owned by Robles’ brother, Magon Robles, the total sum of $140,000.00.  (UF 47-48.)

•      At Robles’ direction, Espinoza paid Robles’ brother’s company, New Beginning New Life Foundation, the total sum of $300,000.00.  (UF 50-51.)

•      At Robles’ direction, Espinoza paid Robles’ girlfriend’s mother, Maria Jaramillo, the sum of $80,000.00.  (UF 52.)

•      Robles also instructed Espinoza to pay and Espinoza paid Mario Bracamontes the sum of $100,000.00. (UF 53.)

•      Robles’ directed Espinoza to pay the sum of $160,000.00 for the purchase of real property in Rosarito Beach, Mexico.  (UF 54-55.)

Thus, City established total damages of $2,022,588.00.

In opposition, Robles contends that judgment may not be entered because there are pending causes of action.  However, City indicates that it “will dismiss the remaining undisposed of causes of action as part of a final judgment.”  (Reply, 3:2-3; Navarrette Decl. at ¶ 8.)  

Additionally, Robles argues that City recovered some of its damages from third parties involved in the scheme.  (Robles Decl., ¶ 3.)

These facts were not raised in opposition to the prior Motion for Summary Adjudication.  However, in the interest of justice, and to avoid double recovery, the court will reconsider its prior Order on the sole issue of Damages.  (Le Francois v. Goel (2005) 35 Cal.4th 1094 - The court may, on its own motion, reconsider its prior interim orders.)

A hearing on the court’s own motion for reconsideration is set for Tuesday, September 20, 2022 at 10:30 a.m. in Dept. C.  City may electronically file and serve a Supplemental Brief addressing the Robles declaration by September 6, 2022.  Robles may electronically file and serve a Supplemental Response by September 13, 2022.  Both briefs are limited to three pages.  The parties may attach declarations and/or evidence beyond this page limitation.