Alan Elias v. Eddie Shad, et al.

(Torrance Courthouse: Dept. M) August 19, 2026 DEPARTMENT M LAW AND MOTION RULINGS Dept. M issues tentative rulings in many, but not all motion hearings. There is no set time at which tentatives are posted. Please do not call the staff to inquire if a tentative will be posted.

If parties are satisfied with the ruling, parties may submit on the tentative. However, if an opposing party does not submit, they will be permitted to argue. Please check with the other side before calling the courtroom to submit. The staff does not keep track of which parties submitted and which did not, so please do not ask.

If a matter is also a scheduling hearing (CMC, TSC, OSC etc) an appearance is still required even if a party submits on the tentative ruling.

- SOUTHWEST DISTRICT Honorable Amy N. Carter Wednesday, August 19, 2026 Department M Calendar No. PROCEEDINGS Alan Elias v. Eddie Shad, et al.

1. Alan Elias' Motion for Distribution of Funds After Partition

Alan Elias' Motion for Distribution of Funds After Partition is granted.

Background

Plaintiff filed the Complaint on August 1, 2025 and the First Amended Complaint on December 11, 2025. Plaintiff alleges the following facts. This is a partition action as to two commercial properties.

Motion for Distribution of Funds Code Civ. Proc., Sec. 873.810 states: "The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government, to or for the benefit of the persons in interest entitled thereto, as may be appropriate or as specifically provided in this article."

Code Civ. Proc., Sec. 873.820 states: "The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in their order of priority except liens which under the terms of sale are to remain on the property. (d) Distribution of the residue among the parties in proportion to their shares as determined by the court."

Plaintiff moves for an order "to distribute funds after a partition sale of the 116 E Alondra Blvd., Gardena, CA 90248-2806, designated as Los Angeles County Assessor Parcel Number 6125-015-002." (Notice of Motion, p. 1, lines 24-26).

On August 5, 2026, Defendants filed a declaration from their attorney Michael Goch who states that the parties have agreed to stipulate as to one specific issue. Defendants contend that they did not object to the method of distribution except for a minor adjustment based on an unpaid sanction. Defendants contend that Plaintiff does not object to this adjustment and the parties have entered into a stipulation governing the method of distribution after accounting for this adjustment.

Therefore, Plaintiff's Motion for Distribution of Funds is granted. Plaintiff is directed to prepare a proposed order that accounts for the terms of the parties' stipulation. Plaintiff is ordered to give notice of this ruling.

Case Number: 25TRCV03146 Hearing Date: August 19, 2026 Dept: M LOS ANGELES SUPERIOR COURT - SOUTHWEST DISTRICT Honorable Amy N. Carter Department M Wednesday, August 19, 2026 Calendar No. PROCEEDINGS Margherita Massai Di Martino v. Songhui Sheryl Oh, et al. 25TRCV03146 1. Songhui Sheryl Oh's Demurrer to Complaint TENTATIVE RULING Songhui Sheryl Oh's Demurrer to Complaint is overruled.

Background

Plaintiff's Complaint was filed on September 12, 2025. Plaintiff alleges the following facts. Plaintiff was involved in a motor collision with Defendant. Plaintiff alleges the following causes of action: 1. Negligence Per Se; 2. Negligence; 3. NIED.

Meet and Confer Defendant set forth a meet and confer declaration in sufficient compliance with CCP Sec. 430.41. (Decl. Christopher K. Opfell.)

Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law.