Judge: William Y. Wood, Case: 37-2022-00040800-CU-BC-NC, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 09, 2024

05/10/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00040800-CU-BC-NC HERNANDEZ VS. ERMEL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Dismiss, 04/18/2024

Cross-defendant Martial Etame's motion to dismiss (ROA # 120) is denied. The court has carefully reviewed the parties' arguments and authorities and is not persuaded that res judicata applies to this case for two reasons: (1) the parties are different (plaintiff Hernandez is not a party to the Los Angeles action); and (2) the issues are different (the Los Angeles case involved a failed joint venture whereas this case involves the alleged recording of a 'bogus lien' on cross-complainant's property).

Cross-defendant's request for sanctions is denied because cross-defendant did not prevail on this motion and the notice does not comply with CCP § 2023.040 (fails to identify the name of all parties and attorneys against whom sanctions are being sought, fails to specify the type of sanction sought and fails to cite the authority for such sanctions).

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, May 10, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of May 10, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3110353