Judge: Robert B. Broadbelt, Case: 22STCV32207, Date: 2024-02-28 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 22STCV32207    Hearing Date: February 28, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Defendants Sergio Moreno Morales, Michael Yuan Lee, ASE Construction, Inc., Fremont Cabinet Imports, Inc., Francisco Puertas, and Sandy Segovia

RESPONDING PARTIES:     Plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust     

Demurrer to Operative Complaint

Defendants Sergio Moreno Morales, Michael Yuan Lee, ASE Construction, Inc., Fremont Cabinet Imports, Inc., Francisco Puertas, and Sandy Segovia (“Defendants”) filed the pending demurrer to the First Amended Complaint filed by plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust (“Plaintiffs”) on August 3, 2023, with a hearing date of January 25, 2024.

Thereafter, on January 19, 2024, the court issued a minute order continuing the hearing on Defendants’ demurrer to February 28, 2024.  (Jan. 19, 2024 Order, p. 1.)  The court ordered counsel for Defendants to give notice.  (Ibid. [“Counsel reflected on attached Certificate of Mailing is ordered to give notice”]; Jan. 19, 2024 Cert. of Mailing [identifying Adam Michael Apollo, counsel of record for Defendants].)  However, Defendants did not file a notice of ruling or proof of service establishing that Plaintiffs and nonmoving defendant Ten Advisors, Inc. have been given notice that the court continued the hearing on Defendants’ demurrer.  Thus, the court is unable to verify whether Plaintiffs and nonmoving defendant Ten Advisors, Inc. have received notice of the February 28, 2024 hearing on Defendants’ demurrer to Plaintiffs’ First Amended Complaint.

The court exercises its discretion to continue the hearing on Defendants’ demurrer to ensure that all the parties involved in this action have notice of the hearing thereon.

The court orders that the hearing on defendants Sergio Moreno Morales, Michael Yuan Lee, ASE Construction, Inc., Fremont Cabinet Imports, Inc., Francisco Puertas, and Sandy Segovia’s demurrer to operative complaint is continued to March 25, 2024, at 10:00 a.m., in Department 53.

The court orders defendants Sergio Moreno Morales, Michael Yuan Lee, ASE Construction, Inc., Fremont Cabinet Imports, Inc., Francisco Puertas, and Sandy Segovia (1) to serve a notice of this ruling on (i) plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and (ii) defendant Ten Advisors, Inc., and (2) to file with the court a proof of service of the notice of ruling on plaintiffs Alan M. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and Elenita A. Bagamaspad, individually and as trustee of the Bagamaspad Revocable Living Trust, and defendant Ten Advisors, Inc. no later than March 8, 2024.

IT IS SO ORDERED.

DATED:  February 28, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court