Judge: Thomas D. Long, Case: 21STCV02753, Date: 2023-11-07 Tentative Ruling

Case Number: 21STCV02753    Hearing Date: November 7, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 22, 2021, Plaintiffs Nate Hasper and Bridget Wallace filed this action against Galin Petkov and Atanas Petrov for breach of contract and specific performance.

The Court held a non-jury trial on October 31, 2022 and December 7, 2022.  The Court ordered the parties to submit Closing Argument in writing; Settled Statement; Proposed Statement of Decision; Proposed Judgment; and copy of the transcript.

On September 21, 2023, the Court issued its Statement of Decision and entered judgment in favor of Plaintiffs and against Defendants.  Plaintiffs were granted specific performance of the contract dated November 18, 2020 for the sale of the real property located at 24114 Wildwood Road in Newall, California, 91321 in exchange for the purchase price of $1,398,000.  Plaintiffs shall also satisfy the full amount of the lien recorded against the Property recorded on December 17, 2017 as instrument number 20171421459 which is presently held by US Bank Trust National Association as Trustee of the LB-Igloo Series IV Trust.

Defendant Galin Petkov did not answer Plaintiffs’ counsel’s call on September 6, 2023.  (Hurey Decl. ¶ 4.)  Plaintiffs’ counsel does not have a current telephone number for Defendant Atanas Petrov.  (Hurey Decl. ¶ 4.)  On September 29, 2023, Plaintiffs’ counsel sent a letter to both Defendants with copies of the documents, but Defendants did not respond.  (Hurey Decl. ¶¶ 2-3.)

On October 11, 2023, Plaintiffs filed a motion for appointment of elisor.

To enforce a judgment for sale of real property, the Court may use its discretionary powers to appoint the court clerk as an¿elisor¿to sign a recalcitrant seller’s name to all documents necessary to transfer the property to the buyer.  (See¿Code Civ. Proc., § 128, subd. (a)(4); Blueberry Properties, LLC v. Chow¿(2014) 230 Cal.App.4th 1017, 1020-1021; see also Venice Canals Resident Home Owners Assn. v. Superior Court (1977) 72 Cal.App.3d 675, 679 (“The inherent power of the trial court to exercise reasonable control over litigation before it, as well as the inherent and equitable power to achieve justice and prevent misuse of processes lawfully issued is well established.”).)

The documents that need to be signed, attached as Exhibits 1-12 to the motion, are:

(a) Grant Deed - Attached as Exhibit 1;

(b) Statutory Natural Hazard Disclosure (NHD) Statement and Acknowledgment of Receipt - Attached as Exhibit 2;

(c) Notification of California Withholding Requirements for California Transferors - Attached as Exhibit 3;

(d) Proceeds Instructions (Petkov) - Attached as Exhibit 4;

(e) Proceeds Instructions (Petrov) - Attached as Exhibit 5;

(f) State Privacy and Document Retention Policy Notice - Attached as Exhibit 6;

(g) 2023 Real Estate Withholding Statement (Petkov) - Attached as Exhibit 7;

(h) 2023 Real Estate Withholding Statement (Petrov) - Attached as Exhibit 8;

(i) Amended/Additional Escrow Instructions - Attached as Exhibit 9;

(j) Borrower(s) Authorization and Release - Attached as Exhibit 10;

(k) Non-Foreign Certification by Individual Transferor (Petkov) - Attached as Exhibit 11;  and

(l) Non-Foreign Certification by Individual Transferor (Petrov) - Attached as Exhibit 12.

Some of the documents are incomplete.  The Proceeds Instructions for both Defendants (Exhibits 4-5) do not contain any information for disbursement of the proceeds.  The 2023 Real Estate Withholding Statements for both Defendants (Exhibits 7-8) do not contain any information about the sale or calculations.  The Borrower(s) Authorization and Release (Exhibit 10) does not contain the Second Mortgage Loan Number for the HERO loan.

As currently submitted, these documents require more information than just Defendants’ (or an elisor’s) signatures before the sale can be completed.  Plaintiffs must submit complete documents for which only signatures are required to finalize the sale.

Accordingly, the motion for is DENIED WITHOUT PREJUDICE to remedying these deficiencies.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 7th day of November 2023