Judge: Peter A. Hernandez, Case: 20STCV45280, Date: 2024-12-23 Tentative Ruling

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Case Number: 20STCV45280    Hearing Date: December 23, 2024    Dept: 34

Plaintiff Juan Carlos Morales II’s Motion to Strike Notice of Lien is GRANTED. 

Background

On November 25, 2020, Plaintiff Juan Carlos Morales II (“Plaintiff”) filed a complaint against Defendants Honey Science Corporation and PayPal, Inc. (“Defendants”) arising from Plaintiff’s employment with Defendants alleging causes of action for:

1.           Recission of Contract; and

2.           Declaratory Relief.

On January 27, 2021, the court found related cases 20STCV11118 and 20STCV45280 and designated 20STCV11118 as the lead case.

On June 4, 2021, the court ordered this case to arbitration and stayed this case pursuant to the court granting the same relief in 20STCV11118.

On May 4, 2023, a final award in this matter was issued following arbitration.

On June 23, 2023, the court granted Defendants’ Petition to Confirm Contractual Arbitration Award.

On August 15, 2023, the court granted in part Defendants’ Motion for Attorneys’ Fees and Costs.

On August 24, 2023, the court entered its Amended Judgment in this matter.

On August 28, 2023, Plaintiff filed Judicial Council Form APP-002, Notice of Appeal.

On November 6, 2024, Plaintiff filed this Motion to Strike the Notice of Lien filed by Judgment Creditor in Violation of the Automatic Stay. On December 10, 2024, Defendants filed a Notice of Non-Opposition to Plaintiff’s motion. On December 12, 2024, Plaintiff filed a reply.

Legal Standard

Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.)

Discussion

Request for Judicial Notice

            Plaintiff’s request for judicial notice is granted. “A court may properly take judicial notice of its own records. (Evid. Code, § 452, subd. (e).)” (Garcia v. Sterling (1985) 176 Cal.App.3d 17, 21.) Judicial notice may also be taken of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code §§ 452(c), (h).)

Merits

            Plaintiff moves for an order striking the Notice of Lien filed in case number 21STCV16653 on December 1, 2023, by Defendants, in violation of the stay present in the current matter pursuant to Code of Civil Procedure section 916 following Plaintiff’s appeal. (Motion, at p. 3, Exh. 2.)

            Defendants do not oppose Plaintiff’s motion striking their Notice of Lien. (Non-Opposition, at p. 2.) However, Defendants note that Defendants’ counsel had previously informed counsel in case number 21STCV16653 that Defendants would not be enforcing the filed lien due to Plaintiff’s appeal in the current matter. (Ibid.) As such, Defendants argue Plaintiff’s motion was unnecessary. (Ibid.)

            In reply, Plaintiff argues that Defendants had not conceded that their Notice of Lien was improper but merely informally promised not to enforce it. (Sugars Decl., ¶¶ 4-9.)

            As this matter is stayed pursuant to Code of Civil Procedure section 916(a) and there are no objections to the granting of Plaintiff’s motion, the court orders to strike Defendants’ Notice of Lien filed on December 1, 2023.   

Conclusion