Di Bona Ventura, et al. v. Lachman, et al.

(Stanley Mosk Courthouse: Dept. 512) August 19, 2026 DEPARTMENT 512 LAW AND MOTION RULINGS Effective May 4, 2026: Judge Karine Mkrtchyan Presiding Tentative Rulings are posted before the hearing.

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 512 (formerly Dept. 54) at the Stanley Mosk Courthouse up until the morning of the motion hearing. The e-mail address is [email protected] . The heading on your e-mail must contain the case name, number, hearing date, and that you submit. The message should indicate your name, contact information, and the party you represent. The party submitting to the tentative must include to the e-mail all other counsel (or party if self-represented) to the action.

Please note that if a party fails to appear at a law and motion hearing without having given notice under California Rules of Court, rule 3.1204, subd. (c), the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. If only one party has submitted, the Court may still hear the motion at the hearing or adopt the tentative ruling. Please note that the above e-mail address is ONLY to inform the court of your submission on the tentative ruling. All other inquiries will not receive a response.

19, 2026 JUDGE /DEPT: Mkrtchyan/512 CASE NAME: Di Bona Ventura, et al. v. Lachman, et al. COMP. FILED: 07-17-23 CASE NUMBER: 23STCV16635 NOTICE NO PROCEEDINGS: MOTION TO SUBSTITUTE DEFENDANT MOVING PARTY: Plaintiffs Kimberly Di Bonaventura and Boomin' Real Estate on behalf of Defendant Jonathan Lachman RESP. PARTY: None MOTION TO SUBSTITUTE DEFENDANT (Prob. Code, Sec. 9370) TENTATIVE RULING: Plaintiffs Kimberly Di Bonaventura and Boomin' Real Estate, LLC's Motion for Order to Substitute in Administrator Allison B. Margolin for the Estate of Jonathan Lachman is CONTINUED to Friday, September 18, 2026, at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse.

At least 16 court days prior to the next scheduled hearing, Plaintiffs are to file proper proof of service demonstrating the Motion and notice of hearing were served on all parties to the action as well as Allison B. Margolin. The Court continues Order to Show Cause Re: Dismissal as to Defendant Jonathan Lachman; Order to Show Cause Re: As To Striking of Defendant Omerta Farms LLC's answer due to non-representation of counsel; and Status Conference re: Pleadings to Friday, September 18, 2026 at 9:00 a.m. Moving parties are ordered to give notice.

SERVICE:

[] Proof of Service Timely Filed (CRC, rule 3.1300) NO [] Correct Address (CCP Sec.Sec. 1013, 1013a) NO [] 16/21 Court Days Lapsed (CCP Sec.Sec. 12c, 1005(b)) NO OPPOSITION: None filed as of August 14, 2026 [] Late [X] None REPLY: None filed as of August 14, 2026 [] Late [X] None ANALYSIS: I.

Background

On July 17, 2023, Plaintiffs Kimberly Di Bonaventura and Boomin' Real Estate ("Plaintiffs") filed a Complaint for Breach of Settlement Agreement against Defendants Johnathan Lachman and Omerta Farms, LLC ("Defendants") and Does 1-50. On November 13, 2023, Defendants filed an Answer. On June 26, 2026, Plaintiffs filed the instant Motion for Order to Substitute in Administrator Allison B. Margolin for the Estate of Jonathan Lachman (the "Motion"). To date, no Opposition to the Motion has been filed.

II.

Legal Standard

Probate Code section 9370 states: (a) An action or proceeding pending against the decedent at the time of death may not be continued against the decedent's personal representative unless all of the following conditions are satisfied: (1) A claim is first filed as provided in this part. (2) The claim is rejected in whole or in part. (3) Within three months after the notice of rejection is given, the plaintiff applies to the court in which the action or proceeding is pending for an order to substitute the personal representative in the action or proceeding. This paragraph applies only if the notice of rejection contains a statement that the plaintiff has three months within which to apply for an order for substitution. (b) No recovery shall be allowed in the action against property in the decedent's estate unless proof is made of compliance with this section. (Prob. Code, Sec. 9370.)

III.

Discussion

Plaintiffs move to substitute in Administrator Allison B. Margolin as a defendant in this litigation for Lachman, who is deceased. (Motion, Clark Decl.) The Motion includes a claim rejected by Margolin, which states that notice of the rejected claim was given on March 30, 2026. (Motion, Clark Decl., Exh. 4.) As an initial matter, the Court finds there is no proof of service filed demonstrating the Motion and notice of hearing have been served in any manner on Defendants or Allison B. Margolin. Thus, the Motion is CONTINUED to allow Plaintiffs an opportunity to file proper proof of service demonstrating the Motion and notice of hearing were served on all parties to the case as well as Margolin.

IV. Conclusion & Order

For the foregoing reasons, Plaintiffs Kimberly Di Bonaventura and Boomin' Real Estate, LLC's Motion for Order to Substitute in Administrator Allison B. Margolin for the Estate of Jonathan Lachman is CONTINUED to Friday, September 18, 2026, at 9:00 a.m. in Department 512 of the Stanley Mosk Courthouse. The Court continues Order to Show Cause Re: Dismissal as to Defendant Jonathan Lachman; Order to Show Cause Re: As To Striking of Defendant Omerta Farms LLC's answer due to non-representation of counsel; and Status Conference re: Pleadings to Friday, September 18, 2026 at 9:00 a.m. At least 16 court days prior to the next scheduled hearing, Plaintiffs are to file proper proof of service demonstrating the Motion and notice of hearing were served on all parties to the action as well as Allison B. Margolin. Moving parties are ordered to give notice. | Home -->)" -->