Petitioner's Petition for Judicial Declaration of Abandonment
(2) a claim pursuant to the Consumers Legal Remedies Act ("CLRA"), and (3) a claim pursuant to the Unfair Competition Law ("UCL"), Business and Professions Code Section 17200, et seq.
Trial is currently scheduled for July 14, 2026. Defendants Turlock RV Center, Inc., Express Systems, Inc., and Manufacturers and Traders Trust Company (collectively, "Defendants") submitted the instant motion pursuant to Code Civ. Proc., Sec. 437c, seeking an order granting summary judgment on all causes of action and forms of relief, or in the alternative, summary adjudication as to specific causes of action or claims for damages.
Defendants' arguments in support of summary judgment are not applicable to all causes of action. "[E]stablished principles of statutory construction indicate that the parol evidence rule is inapplicable" to causes of action for violation of the Consumer Legal Remedies Act. (Wang v. Massey Chevrolet (2002) 97 Cal.App.4th 856, 868 [reversing, remanding, and directing trial court to vacate its order granting summary judgment and enter a new order denying the motion for summary judgment].) Similarly, "the parol evidence rule does not bar [a] section 17200 claim." (Ibid, 871.) Accordingly, the motion for summary judgment is DENIED.
The motion for summary adjudication is procedurally defective. The issues to be summarily adjudicated are not "stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts." (Cal. Rules of Court, rule 3.1350(b).) Accordingly, the motion for summary adjudication is DENIED.
CV-26-000992 - ITRIA VENTURES LLC vs PROTECH PHONE REPAIR INC - Plaintiff's Application for Writ of Attachment - HEARING REQUIRED, and unopposed. The Court will hold a hearing on the application. "No order or writ shall be issued under this article except after a hearing." (Code Civ. Proc., Sec. 484.040.) "At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. (4) The amount to be secured by the attachment is greater than zero." (Code Civ.
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Proc., Sec. 484.090.)
Defendant Protech Phone Repair sold $117,000 in receivables to Plaintiff for the purchase price of $90,000 and additional fees of $1,400. Per the parties' agreement, Defendant was funded $88,600 and agreed to pay periodic amounts of $1,500 to Plaintiff on a weekly basis until the purchase price was paid in full. Defendant has failed to make payments due under the parties' agreement. The last payment that cleared was on January 7, 2026. Plaintiff's application was submitted on May 15, 2026 and stated that the amount owed under the agreement is $103,000. The Court is inclined to GRANT the unopposed application. Moving party to submit a proposed order within five court days.
CV-26-004126 - GOLDEN HOMESTEAD LLC vs WEBB, GLENN - Petitioner's Petition for Judicial Declaration of Abandonment - CONTINUED to July 15, 2026 at 8:30 am in Department 22.
The Court was unable to locate proof(s) of service of the unopposed petition. "Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid." (Civ. Code, Sec. 798.61.) Accordingly, the hearing is continued to July 15, 2026 at 8:30 am in Department 22. Petitioner shall submit the required proofs of service at least 5 court days before the hearing.