Petition of Third Party Claim under CCP Section 720.310
C-741785: PAVANA VS POLLAYIL 07/14/2026 Hearing on Petition of Third Party Claim under CCP Section 720.310 CRS# A--741785-002 in Department 520
Tentative Ruling - 07/12/2026 Jamilah A. Jefferson
If possible, the parties shall submit an email update directly to Department 520 in advance of the hearing on July 14, 2026 if there is any update to the questions/concerns expressed by the Court below since the last hearing. The parties shall also apprise the Court of manner in which they will proceed at the hearing on July 14, 2026 (live testimony, stipulations, submission of proposed order, etc.)
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On the Petition of Third Party Claim under CCP section 720.310, the parties appeared at the hearing to argue the merits of their respective position. In advance of the hearing, the Court asked the parties to consider several questions:
For Third Party (Nimmy Parecadan):
1. What was DAS POLLAYIL's role as a "co-signer" for the property - if he did not provide the deposit?
2. Is there a copy of the quitclaim deed to Nimmy Parecadan?
3. Is there a copy of the original deed/title naming DAS POLLAYIL?
4. Where has DAS POLLAYIL lived (at all times) since "co-signing" for the property and appearing on the deed?
5. Where is DAS POLLAYIL now?
6. Is DAS POLLAYIL employed?
7. Why is DAS POLLAYIL unable to provide input in the instant litigation?
8. Does DAS POLLAYIL have any ability to make payment on the judgment against him?
For Creditor (GEORGE G. PAVANA; Philip Philip):
1. What were the claims in the underlying complaint?
2. What is/was the procedural posture for the other defendants in the underlying complaint?
3. Is there a copy of the judgment against DAS POLLAYIL as well as other defendants?
4. What are the efforts to obtain payment on the judgment prior to renewal and since renewal - other than attempts to force the sale of Nimmy Parecadan's property?
5. Were there prior efforts to force the sale of Nimmy Parecadan's property prior to/post judgment renewal - other than the current attempt?
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During the hearing, it was clear to the Court that a continued hearing was necessary.
The matter is continued to July 14, 2026 at 10:00 in Department 520.
In advance of the continued hearing: 1. Counsel will ensure that that that pending OSC in Contra Costa County is continued to be heard after July 14, 2026; and 2. Counsel will meet and confer to obtain any stipulations possible - including with respect to standard of review, burden of proof, live testimony, scope of issues to be decided, etc.; and 3. Provide the Court with a proposed order - directly to Dept 520 in Word format - for the Court to conform/sign/issue after the hearing to avoid unnecessary delay.
At the continued hearing:
1. The parties are not prevented from presenting live testimony - but are not required to do so; and 2. The parties agree to appear in person with a court reporter.
NOTICE: This tentative ruling will automatically become the courts final order on July 14, 2026 unless, by no later than 4:00 P.M. on July 13, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
The subject line (RE:) of the email must state: Request for CONTESTED HEARING: [the case name], [number]. When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.
The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.
ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.