Fernandez v. FCI Lender Services, Inc.

submit their submit their claims claims to to arbitration arbitration in in accordance accordance with with the the terms terms of the arbitration agreement. the arbitration agreement.

The is VACATED. The case management conference is VACATED.

This pending completion This matter is STAYED pending completion of the arbitration until further order of the court. proceedings or until court. (Code Civ. Civ. Proc. §1281.4.) Proc. §1281.4.) A status conference re: re: Status of ADR proceedings is set for January 22, 2027 at 9:00 a.m.a.m. in this department. Five days before department. before the status conference, conference, the the parties are ordered to submit a a joint statement describing describing the status of status of the the arbitration. arbitration.

provide notice of this ruling. Defendants shall provide ruling.

v. | Plaintiff/Cross-Defendant Virginia 53. | Fernandez v.

53. Virginia Fernandez’s Fernandez’s Demurrer to the FCI Lender First Amended Amended Cross-Complaint is STRICKENSTRICKEN as untimely. untimely. Services, Services,, . Inc. The First Amended The First Cross-Complaint was Amended Cross-Complaint was filed filed and and served served on on Inc. 10/20/25. (ROA 417.) Cross-Defendant did not file this 10/20/25. 2024- until 3/12/26. demurrer until 3/12/26. Therefore, Therefore, it is untimely as it was not 01374564 within 30 days of the filed within pleading. (Code Civ. the challenged pleading. Civ. Proc., § Proc., § 430.40(a).) 430.40(a).)

The case management The case management conference conference is is continued continued to to October October 12, 12, 2026 at 9:00 a.m. in Department C28. 2026 at 9:00 a.m. in Department C28.

an answer within 10 Cross-defendant shall file an 10 days. days.

Defoort shall Defoort shall give give notice notice of of this this ruling. ruling.

54. | Jianan 54. Jianan Cross-defendant Jianan Jianan International International USA Holdings, Holdings, Inc.’s Inc.’s International International demurrer to USS Cal Cal Builders, Inc.’s Inc.’s Cross-complaint is is USA USA OVERRULED. (Code OVERRULED. (Code Civ. Civ. Proc., Proc., §§ 430.10, 430.10, subd. subd. (e).) (e).) Holdings, Holdings, an Answer to the Cross-complaint Moving party shall file an Inc. v. Inc. v. USS USS Cal Builders, 10 days. within 10 days. Inc. Inc. 11st cause of st cause of action: action: breach breach of of contract. contract. 2025- 2025- This cause of This cause of action action states states sufficient sufficient facts. facts. (Oasis (Oasis West West 01506043 01506043 Realty, LLC Realty, LLC v. v.

Goldman Goldman (2011) (2011) 51 51 Cal.4th Cal.4th 811, 811, 821 821 [elements]; Cross-complaint, [elements]; Cross-complaint, ¶¶ 9] 14, 14, 17-19, 17-19, Ex. Ex. 11 [existence Subscription Agreement and terms], of Subscription terms], 1616 [performance], [performance], 21, 21, 24 [breach], 24 [breach], 26 26 [proximately [proximately caused caused damages].) damages].)

While moving party contends that the term term “assist” “assist” in §§ §§ 10.2, 10.2, 10.4, and 11.2 10.4, 11.2 of the Subscription Agreement is too vague to the Subscription determined on demurrer, be enforceable, this cannot be determined demurrer, particularly as the ““assistance” assistance” is tied tied to specific criteria criteria and and benchmarks. (See benchmarks. (See Tiffany Tiffany Builders, Builders, LLC LLC v. v. Delrahim Delrahim (2023) (2023) Cal.App.5th 536, 544–545 97 Cal.App.5th 544-545 [interpretation [interpretation of indefinite indefinite contract terms].) terms].) Further, the alleged breaches are not the alleged limited to ““assistance.” assistance.” (Cross-complaint, (Cross-complaint, ¶ 19,19, [alleging [alleging