Judge: Stephen P. Pfahler, Case: 19CHCV00155, Date: 2023-09-28 Tentative Ruling
Case Number: 19CHCV00155 Hearing Date: November 1, 2023 Dept: F49
Dept.
F-49
Date:
11-1-23
Case
#19CHCV00155
Trial
Date: N/A
ENFORCE SETTLEMENT
MOVING
PARTY: Defendant, Lashon Bundy, Pro Per
RESPONDING
PARTY: Plaintiff,
Richard Bundy
RELIEF
REQUESTED
Motion
to Enforce Settlement Order
SUMMARY
OF ACTION
Plaintiff
Richard Bundy and Defendant Lashon Bundy, father and daughter, currently hold
title as joint tenants of certain real property in Mission Hills. Plaintiff
alleges the grant deed conveying joint title was obtained as a result of
manipulation.
On
February 22, 2020, Plaintiff filed a complaint for Financial Elder Abuse, Quiet
Title, Ejectment, and Cancellation of Instrument. Defendant answered the
complaint on May 2, 2019. A lis pendens was recorded on the property on July
16, 2020. (Bertha Bundy passed away on April 6, 2014, and Richard Bundy and
Diane Brooks married in 2017.)
On
April 8, 2021, the court granted the application appointing Diane Brooks as
guardian ad litem for Richard Bundy.
On
July 21, 2021, the court denied the motion of Plaintiff for summary judgment. The
parties subsequently stipulated to the filing of a first amended complaint,
which was filed on August 3, 2021. The first amended complaint lists causes of
action for Financial Elder Abuse, Quiet Title, Ejectment, Cancellation of
Instrument, and Partition of Real Property. The parties later stipulated to
Lashon Bundy filing a cross-complaint for Quiet Title, Slander of Title,
Financial Elder Abuse, Deceit, and and Cancellation of Instrument, which was
filed on November 29, 2021.
On
June 1, 2022, Plaintiff filed a notice of settlement and amended notice of
settlement. At the November 4, 2022, OSC re: Dismissal (Settlement) all parties
failed to appear. The court continued the hearing to February 8, 2023. On
February 8, 2023, the court granted the order of Plaintiff Richard Bundy to
list 15156 Kingsbury St., Mission Hills, for sale pursuant to the terms of the
settlement agreement. The court also granted the motion for appointment of an
elisor in order to facilitate the sale.
RULING: Off-Calendar.
Defendant
Lashon Bundy, in pro per, moves to enforce the order enforcing the settlement
agreement, whereby 15156 Kingsbury St., Mission Hills, was to be listed for
sale, and the appointment of an elisor for execution of any necessary
documents. Lashon moves for relief on grounds of mistake, inadvertence, or
excusable neglect. The motion comes following the September 28, 2023, motion to
set aside order compelling the sale of the property and appointment of an
elisor for execution of documents. Following the hearing, a notice of appeal
appears on the court docket, identifying the basis of the appeal as “An Order
Granting in Part Defendant's Motion to Enforce Settlement Agreement.” Defendant
also filed a notice of stay pending the appeal. Plaintiff in opposition
challenges the substance of the requested relief on grounds of a failure to
show a basis for relief.
The instant motion and prior
motion ordering the sale of the premises and appointment of an elisor directly
embraces the subject matter of the instant motion and remaining issue(s) of the
subject action. (Varian Medical Systems, Inc. v.
Delfino (2005) 35 Cal.4th 180, 189; Henry M. Lee Law Corp. v. Superior Court (2012) 204
Cal.App.4th 1375, 1383-1384.) The court therefore orders the instant motion
off-calendar, and stays the action. The court sets an OSC re: Status of Appeal
for January 31, 2024. The parties are ordered to submit any supplemental
briefs, if necessary, no later than nine (9) court days before the next hearing—on
or before January 18, 2024.
Lashon Bundy to give notice.