Judge Olivia Rosales, Case BC334843 2022-09-20 Tentative Ruling

Judge: Olivia Rosales, Case: BC334843, Date: 2022-09-20 Tentative Ruling

Case Number: BC334843 Hearing Date: September 20, 2022 Dept: SEC

ROBLES v. CITY OF SOUTH GATE

CASE NO.: BC334843

HEARING: 9/20/22 @ 10:30 AM

TENTATIVE RULING

Cross-Complainant City of South Gate’s remaining causes of action are ordered dismissed. As there are no pending claims, City’s motion to enter judgment is GRANTED in the sum of $1,704,268.84.

Moving 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.)

On August 23, 2022, this court continued the hearing to reconsider its Order dated April 27, 2022, regarding the limited issue of damages, and allowed the parties to file supplemental briefs and evidence, citing Le Francois v. Goel (2005) 35 Cal.4th 1094.

The court has reviewed City’s Supplemental Brief and finds In re Marriage of Herr (2009) 174 Cal.App.4^th 1463, 1470 instructive in holding that a trial court may only reconsider prior orders on its own motion “based on evidence previously submitted.”

Here, at the previous summary judgment hearing, Robles failed to present any evidence creating a triable issue as to damages in the sum of $2,022,588.00. Robles failed to cite any case authority in opposition. Therefore, the court’s prior order will stand.

Notwithstanding the above, even if the court were to reconsider its previous order, Robles failed to submit any admissible evidence. Robles’s declaration lacks foundation, and the evidence attached to the Farrow declaration is irrelevant to the damages claimed in the City’s motion for summary adjudication. Accordingly, the previous order shall stand.

Regarding City’s motion to enter judgment, City has acknowledged that it has since received $318,319.16 in proceeds, satisfying the debt owed to the City by Ghandi Robles and New Beginning New Life Foundation (Ryan Decl., ¶ 10), and voluntarily agrees to reduce the judgment to $1,704,268.84.

Accordingly, City’s remaining causes of action are ordered dismissed. As there are no pending claims, City’s motion to enter judgment is GRANTED in the sum of $1,704,268.84.