MOTION TO EXONERATE UNDERTAKING
July 10, 2026 Dept. 9 Civil Tentative Rulings
2. 22CV1459 SERRANO EL DORADO OWNERS’ ASSOCIATION VS. JOEL SOLOMON ET AL MOTION TO EXONERATE UNDERTAKING
On or around December 18, 2025, Petitioner, G&P Enterprises, LLC dba Allied Trustee Services posted an Undertaking in the amount of ten thousand ($10,000) in connection with a third-party claim of ownership filed by Free Will Foundation, Inc. pursuant to Code of Civil Procedure § 720.260.
On February 13, 2026, the Court granted Petitioner’s Petition for Determination of Third- Party Claim of Ownership and denied the third-party claim.
On March 27, 2026, the Court issued an Order Granting Judgment Assignee’s Petition, Denying Third-Party Claim of Ownership and Confirming Levy wherein the Court ordered the “undertaking posted by Petitioner Allied in connection with this proceeding is exonerated and no claim may be made against the surety based on the Third-Party Claim.”
On May 20, 2026, Petitioner filed a Notice of Motion to Exonerate Undertaking; Memorandum of Points and Authorities in Support Thereof. Allied asserts that no undertaking is required as the Court has determined the third-party claim of ownership in favor of Petitioner and against the third-party claimant. Allied requests the Court issue an order exonerating the undertaking posted by Allied pursuant to CCP § 720.260 and directing the bond be released and the surety relieved of all obligations. Allied’s motion is unopposed.
TENTATIVE RULING #2: PETITIONER’S REQUEST IS GRANTED.
NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE COURT AT (530) 621-6551 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999).
NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY TELEPHONE OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; EL DORADO COUNTY LOCAL RULE 8.05.07. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR TO OR AT THE HEARING.
LONG CAUSE HEARINGS MUST BE REQUESTED BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED AND THE PARTIES ARE TO PROVIDE THE COURT WITH THREE MUTUALLY
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July 10, 2026 Dept. 9 Civil Tentative Rulings
AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. LONG CAUSE ORAL ARGUMENT REQUESTS WILL BE SET FOR HEARING ON ONE OF THE THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. THE COURT WILL ADVISE THE PARTIES OF THE LONG CAUSE HEARING DATE AND TIME BY 5:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. PARTIES MAY PERSONALLY APPEAR AT THE HEARING.
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