FOLSOM STREET INVESTMENTS, LLC ET AL VS. MICHAEL B. ROTHENBERG ET AL

Real Property/Housing Court Law and Motion Calendar for June 2, 2025 line 6. PLAINTIFF FOLSOM STREET INVESTMENTS, LLC A CALIFORNIA LIMITED LIABILITY COMPANY, CRAIG HORDLOW MOTION FOR JUDGMENT ON THE PLEADINGS is GRANTED IN PART.

Judgment shall be entered resolving all claims filed by plaintiffs Folsom Street Investments, LLC and Mr. Horlow against defendant Rothenberg Ventures LLC stating that, after payment made by Rothenberg Ventures during the pendency of the case, plaintiffs are not entitled to any damages or other pre-judgment relief against Rothenberg Ventures on plaintiffs' sole remaining claim for breach of contract. The judgment shall also state that both plaintiffs and Rothenberg Ventures may, if they wish, make a post-judgment motion for contract attorney's fees per Civil Code 1717(b)(1).

Paragraph 50 of the second amended complaint filed August 24, 2022, the operative complaint, paragraph 50 of Rothenberg Ventures' answer to the second amended complaint, and the February 14, 2025 entry of the dismissal of the second cause of action for fraud against Rothenberg Ventures establishes that there are no remaining pre-judgment claims or issues to be adjudicated and thus entry of judgment as between plaintiffs and Rothenberg Ventures is appropriate at this time.

This determination is fully consistent with, if not mandated by, the order filed April 9, 2025 that "the only matter remaining in this case as to Rothenberg Ventures" is entitlement to attorney's fees under the Note. As recognized in the April 9, 2025 order, the determination of who is the prevailing party for an award of attorney's fees and the amount of any fees to be awarded may not be made until judgment is entered. Once judgment is entered, the parties may then file motions seeking to be declared a prevailing party and for an award of fees per Civil Code 1717(b)(1).

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