Hogan v. General Motors, LLC

(Stanley Mosk Courthouse: Dept. 224) August 27, 2026 DEPARTMENT 224 LAW AND MOTION RULINGS

Defendant General Motors LLC's Motion for Compliance Pursuant to CCP Section 871.26 and Request for Sanctions is GRANTED. Plaintiffs argue that they have agreed to appear for deposition on August 25, 2026. To the extent Plaintiffs failed to appear on that date again, the Court orders that they make themselves available within 30 days. A violation of this Court order subjects Plaintiff's counsel to further sanctions pursuant to CCP 177.5.

The Court awards sanctions to Defendant for Plaintiff's counsel's disregard of the law and discovery obligations. Sanctions are awarded against Plaintiff's counsel of record Tionna Carvalho and Tyson Smith and their firm Strategic Legal Practices, APC, jointly and severally. Sanctions are imposed for $1,500, and are payable within 30 days. Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at [email protected] indicating intention to submit on the tentative, and copying all parties in the email communication. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court will adopt the tentative as the final order, or take the matter off calendar at its discretion.

Case Number: 25STCV11155 Hearing Date: August 27, 2026 Dept: 224 6222 Wilshire Associates, L.P. v. Lira Hospice, Inc. et al., TENTATIVE RULING

The motion for attorney's fees is GRANTED. The Court awards $66,998.75 in attorney's fees and $4,805.10 in costs for a total of $71,803.85. Accordingly, the motion to amend is GRANTED. The Judgment entered June 30, 2026, is amended as follows:

1. Summary judgment is entered in favor of Plaintiff 6222 Wilshire Associates, L.P. and against defendants David Wittenberg and Chanah Wittenberg, jointly and severally, in the amount of $519,410.69 (eighth cause of action for breach of written guaranty as to Suite 240).

2. Summary judgment is entered in favor of Plaintiff 6222 Wilshire Associates, L.P. and against defendant David Wittenberg in the amount of $1,837,038.66 ($291,824.32 on the fourth cause of action as to Suite 225; $736,431.66 on the twelfth cause of action as to Suite 260; and $808,782.68 on the sixteenth cause of action as to Suite 515). This modification shall not limit the liability of the community property of Chanah Wittenberg.

Moving party is to file a Proposed Amended Judgment within 5 days, which the Court will not sign until the time has passed for any objections to the Proposed Judgment. The Court sets a Nonappearance Case Review for 9/25/26 at 4:00 p.m. for Signing of the Amended Judgment.

ANALYSIS

Introduction

On April 16, 2025, Plaintiff filed the Complaint in this action. On September 30, 2025, Plaintiff obtained a right to attach order and writ of attachment against Defendant David Wittenberg in the amount of $2,441,706.76, which was recorded with the Los Angeles County Recorder's Office on December 11, 2025. On or about March 24, 2026, Plaintiff filed the instant Motion for Summary Judgment, or in the Alternative, Summary Adjudication, against Guarantor Defendants David Wittenberg and Chanah Wittenberg.