Judge: Stephen I. Goorvitch, Case: 22STCV24560, Date: 2023-08-11 Tentative Ruling

Case Number: 22STCV24560    Hearing Date: August 11, 2023    Dept: 39

Stearns Bank National Association v. B. Grigorovich D.D.S., Inc., et al.

Case No. 22STCV24560

Minute Order

Plaintiff Steans Bank National Association (“Plaintiff”) filed this action for breach of an equipment finance agreement and breach of a guaranty against Defendants B. Grigorovich D.D.S., Inc. and Boris Grigorovich (collectively, “Defendants”).  On December 7, 2022, Defendants filed a cross-complaint against Invasix, Inc. (“Invasix”).  The cross-complaint alleges that Defendants entered into an agreement to purchase certain medical equipment based upon Invasix’s promise that he could use this equipment under California law, which was false.  (Cross-Complaint, ¶ 9.)  Invasix filed a demurrer and motion to strike.  The Court previously disclosed the following:

“In the course of preparing for the hearing, the undersigned discovered that Invasix is the U.S. subsidiary of an Israeli company, InMode, Ltd. (“InMode”).  The undersigned has a financial interest in InMode.  Currently, the undersigned owns 150 shares of InMode, which is worth approximately $6,000 based upon the current stock price.  This comprises less than one percent of the undersigned’s net worth.  The undersigned’s financial plan contemplates purchases of up to 250 additional shares of InMode depending on market conditions.”

(Court’s Minute Order, dated July 11, 2023.)  Plaintiff and Invasix have waived any conflict but Defendants have not.

            Based upon the foregoing, the Court issues this order of disqualification under Code of Civil Procedure section 170.1(a)(3)(A).  This case shall be transferred to Department One for reassignment.  The Court’s clerk shall provide notice.