Case Management Conference; Motion for Preference; Motions to Compel; Motions for Admissions
that were previously rejected by this court in the Interpleader Action and the Haan Action, and voluntarily dismissed by Colosi in the May 2025 Action. After considering the evidence and argument presented by the parties, the court finds there is no reasonable probability that Colosi can prevail against MBT in this action. For all these reasons, the court will grant MBT's request that Colosi furnish an undertaking in the amount of $15,000. (See Cox Decl., P.P. 2-4.)
Tentative Ruling: Marc Dranchak vs Invoca Inc Tentative Ruling: Marc Dranchak vs Invoca Inc Case Number 25CV06755 Case Type Civil Law & Motion Hearing Date / Time Fri, 05/08/2026 - 10:00 Nature of Proceedings CMC; Demurrer Tentative Ruling On the Court's own motion, the Case Management Conference and Demurrer on calendar for Friday, May 8, 2026, at 10 am in Dept. 4 are continued to Friday, July 10, 2026, at 10 am in Dept.
4.
Tentative Ruling: Patricia Guerrera vs Beverly Place Holmes et al Tentative Ruling: Patricia Guerrera vs Beverly Place Holmes et al Case Number 25CV06122 Case Type Civil Law & Motion Hearing Date / Time Fri, 05/22/2026 - 10:00 Nature of Proceedings CMC; Motion: Leave Tentative Ruling On January 27, 2026, plaintiff Patricia Guerrera filed this motion for leave to file a first amended complaint. No opposition or other response has been filed. However, plaintiff's reply responds to an opposition not in the court's file. The hearing on the motion will therefore be continued to allow defendants to file their opposition with the court. Defendants Beverly Place Holmes and Preston Hower Holmes shall file with the court the opposition previously served on plaintiff on or before May 28, 2026. Hearing on this motion is continued to June 26, 2026.
Tentative Ruling: Marilyn Osgood et al vs Smart & Final Stores, LLC et al Tentative Ruling: Marilyn Osgood et al vs Smart & Final Stores, LLC et al Case Number 25CV07493 Case Type Civil Law & Motion Hearing Date / Time Fri, 06/05/2026 - 10:00 Nature of Proceedings CMC; Motion Preference; Motions to Compel; Motions Admissions Tentative Ruling On the Court's own motion, the CMC, Motion for Preference, Motions to Compel and Motions for Admissions on calendar for Friday, June 5, 2026, at 10 am in Dept 4 are continued to Friday, July 31, 2026, at 10 am in Dept 4.
Tentative Ruling: James B Hart vs Cement 1031 LLC et al Tentative Ruling: James B Hart vs Cement 1031 LLC et al Case Number 26CV00803 Case Type Civil Law & Motion Hearing Date / Time Fri, 06/05/2026 - 10:00 Nature of Proceedings CMC; Appointment for Receiver/Preliminary Injunction Tentative Ruling For the reasons set forth herein, the application of plaintiff James B. Hart for appointment of a receiver, and for issuance of a preliminary injunction in aid of a receiver, is denied.
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Background: (Note: The following background is intended to provide a sufficient description to understand the basis for the court's decision and is not intended to be comprehensive. The court has reviewed all of the evidence and arguments of the parties in reaching its ruling herein and has relief only upon admissible evidence. Also, the public redacted version of the supplemental opposition declaration of Tadd McKenzie was filed twice, the second time erroneously in place of a public redacted version of the supplemental opposition declaration of Barry Brand.)
Defendants Cement 1031, LLC (Cement), Pacific Dutch Group, LLC (PDG), JJ Agriculture, Inc. (JJ Agriculture), New Horizon Farming, Inc. (New Horizon), Primetime Farms, Inc. (Primetime), and Arroyo Verde Farms, Inc. (Arroyo), (collectively, Borrowers) are engaged in the business of cultivating, packaging, and selling marijuana and marijuana products. (Hart decl., dated May 5, 2026 [Hart decl. 1], P. 2.)
On April 20, 2023, Cement entered into a promissory note (Original Note) evidencing a loan by plaintiff James B. Hart (sometimes, Lender) in the original principal amount of $1 million. (Hart decl. 1, P. 6 & exhibit 1.) The Original Note provided that Cement was required to make monthly interest-only payments in the amount of $20,000, with the principal amount and any accrued and unpaid interest to be repaid on or before its maturity date of July 2023. (Hart decl. 1, P. 7 & exhibit 1.)
Defendant Barry Abraham Richard Brand (sometimes, Guarantor) entered into a Guaranty and Subordination Agreement (Guaranty) guaranteeing the obligations of Cement. (Hart decl. 1, P. 8 & exhibit 2.)
On November 28, 2023, the Borrowers entered into a second promissory note (the Replacement Note) which extended the maturity date of the Original Note to May 31, 2025, increased the principal amount to $2.507 million to reflect additional amounts advanced and fees incurred by Hart. (Hart decl. 1, P. 9 & exhibit 3.) Under the terms of the Replacement Note, Borrowers were required to make monthly interest-only payments in the amount of $50,000 commencing on December 1, 2023, with the principal amount and any accrued and unpaid interest to be repaid on or before its maturity date. (Hart decl. 1, P. 10 & exhibit 3.)
As security for the obligations of the Replacement Note, Borrowers entered into a Security Agreement which granted Hart security interests in Borrowers' assets (the Collateral). (Hart decl. 1, P. 14 & exhibit 4.) The security interests in the Collateral were perfected by the filing of UCC-1 Financing Statements. (Hart decl. 1, P. 17 & exhibit 5.) Additionally, Guarantor entered into a Restated Guaranty and Subordination Agreement (Restated Guaranty). (Hart decl. 1, P. 18 & exhibit 6.)