Judge: Theresa M. Traber, Case: 22STCV30044, Date: 2025-05-14 Tentative Ruling

Case Number: 22STCV30044    Hearing Date: May 14, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     May 14, 2025             TRIAL DATE: NOT SET

CASE:                         Gerard Michael Kabala v. Paul Krzemuski as successor trustee of the Violette Krzemuski a/k/a Violette Adamian 2013 Family Trust et al.

CASE NO.:                 22STCV30044           

MOTION TO SUBSTITUTE PLAINTIFF AND FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

MOVING PARTY:               Plaintiff Gerard Kabala

RESPONDING PARTY(S): No response on eCourt as of May 9, 2025.

CASE HISTORY:

·         09/13/22: Complaint filed.

·         10/03/22: Case deemed related to 22STCV29679 Hollywood Lanai Apartments v. Krzemuski, et al. and 22STCV29709 Adamian v. Krzemuski, et al. (lead case).

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a title dispute. Plaintiff challenges a deed of trust recorded against a property in which he claims an interest located at 520 Olive Street, Inglewood, CA 90301.

Plaintiff moves to substitute Commonwealth Land Title Insurance Company as Plaintiff’s successor in interest and for leave to amend the Complaint.

TENTATIVE RULING:

Plaintiff’s Motion for Substitution is GRANTED IN PART as to substitution of parties and DENIED WITHOUT PREJUDICE as to leave to amend the Complaint. Commonwealth Land Title Insurance Company may proceed as Plaintiff’s successor-in-interest.

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DISCUSSION:

Plaintiff moves to substitute Commonwealth Land Title Insurance Company as Plaintiff’s successor in interest and for leave to amend the Complaint.

Request for Judicial Notice

            Plaintiff requests that the Court take judicial notice of numerous documents which are not germane to the matter at hand. Plaintiff’s requests are DENIED. (Gbur v. Cohen (1979) 93 Cal.App.3d 296, 301.)

Substitution of Parties

            Plaintiff moves to substitute Commonwealth Land Title Insurance Company as Plaintiff’s successor in interest. Under Code of Civil Procedure section 368.5, “[a]n action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest.” (Code Civ. Proc. § 368.5.) “The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding.” (Id.)

            Plaintiff represents that Commonwealth Land Title paid the Court’s award of attorney’s fees to Defendant Krzemuski. (Declaration of Mary Lazarian ISO Mot. ¶ 6.) Plaintiff has provided a copy of his Title Insurance policy, which expressly transfers all rights and remedies to which the policyholder would be entitled with respect to a claim which has been settled and paid under the policy. (Lazarian Decl. Exh. 1. ¶ 12.) Plaintiff represents that this provision was triggered by Commonwealth’s payment of the fee award and thereupon seeks to transfer his interest in this action to Commonwealth. As no party has objected to the transfer, the Court will grant Plaintiff’s request pursuant to Code of Civil Procedure section 368.5.

Amendment of Pleadings

            Plaintiff also seeks leave to amend the Complaint. However, Plaintiff has not furnished the Court with any proposed amendment which would permit the Court to evaluate the propriety of such a request, even accounting for the presumption in favor of amendment. (See Cal. Rules of Court 3.1324(a).) A general reference in the briefing without identifying the exact revisions by page, paragraph, and line number is not sufficient. (Motion p.12:15-22.) While the Court would be inclined to permit amendments to update the pleadings to reflect the substitution, the Court must first be presented with such amendments in a procedurally proper form. The Court therefore cannot grant leave to amend on this record. Should Plaintiff continue to desire amendment notwithstanding the order substituting parties, the Court will entertain a procedurally compliant motion to amend if and when it is brought.

CONCLUSION:

Accordingly, Plaintiff’s Motion for Substitution is GRANTED IN PART as to substitution of parties and DENIED WITHOUT PREJUDICE as to leave to amend the Complaint. Commonwealth Land Title Insurance Company may proceed as Plaintiff’s successor-in-interest.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated:  May 14, 2025                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.