Judge: Peter A. Hernandez, Case: KC067035, Date: 2024-05-16 Tentative Ruling

Case Number: KC067035    Hearing Date: May 16, 2024    Dept: K

Plaintiff Wong & Mak, LLP’s unopposed Motion for Clerk’s Deed is GRANTED.

Background   

Plaintiff Wong & Mak, LLP (“Plaintiff”) alleges as follows:

On November 12, 2018, Plaintiff filed a complaint against Zhen Hai Wu (“Zhen”) in case styled Wong & Mak, LLP, et al. v. Wu, et al., Case No. GC041978 (“Underlying Action”), alleging therein that Zhen had fraudulently conveyed the property located at 1251 N. Stimson Avenue in La Puente (“the La Puente Property”) to Wei Niu (“Niu”). On November 20, 2008, Plaintiff recorded a lis pendens against the La Puente Property. On May 26, 2009, Plaintiff obtained a judgment against Wu in the Underlying Action which, inter alia, voided the May 5, 2008 transfer of the La Puente Property from Zhen to Niu. On June 5, 2009, Zhen transferred the La Puente Property to his daughter, Daria Wu (“Daria”), by quitclaim deed. Plaintiff did not discover the aforesaid transfer until approximately July 1, 2014.

On August 1, 2014, Plaintiff filed a complaint, asserting causes of action against Daria and Does 1-20 for:

1.                  Fraudulent Conveyance

2.                  Cancellation of Instruments

On December 15, 2014, Daria’s default was entered. On April 3, 2015, judgment was entered. On April 8, 2015, an “Amended Judgment” was entered.

On December 12, 2019, a second “Amended Judgment” was entered.

Discussion

Plaintiff moves the court for a clerk’s deed transferring the La Puente Property to Plaintiff.

The court has authority under Code of Civil Procedure § 128, subdivision (a)(4)[1], to appoint the clerk of the court as an elisor to execute the aforesaid documents. (See Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1027 [“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”]; Rayan v. Dykeman (1990) 224 Cal.App.3d 1629.)

On December 12, 2019, an “Amended Judgment” was entered. (Wong Decl., ¶¶ 4-5, Exh. B). The Amended Judgment, inter alia, orders Daria to transfer title to the La Puente Property. (Id.) Daria has failed and refused to transfer title to the La Puente Property, as ordered by the court. (Id., ¶ 7). The motion, then, is granted.


               [1] Code of Civil Procedure § 128, subdivision (a)(4) provides as follows: “Every court shall have the power to do all of the following: . . . To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein.”