MOTION FOR LEAVE TO AMEND CROSS COMPLAINT OF GOLDENVOICE,LLC
1. CASE # CASE NAME HEARING NAME ROSENDO ROSALES VS MOTION FOR LEAVE TO AMEND GOLDENVOICE CROSS COMPLAINT OF
PRODUCTIONS, AN GOLDENVOICE,LLC BY UNKNOWN ENTITY GOLDENVOICE, LLC Tentative Ruling: No opposition filed.
Motion for Leave to File First Amended Cross-Complaint GRANTED.
The proposed First Amended Cross-Complaint attached as Exhibit A to the motion shall be deemed filed as of the date of this order.
Jury trial confirmed for 9.18.26.
2. CASE # CASE NAME HEARING NAME CVPS2500145 PRIETO VS SCOTT HEARING RE: EQUITABLE CLAIMS Tentative Ruling: No tentative ruling. The hearing is vacated.
Maria del Refugio Prieto and Pablo Ferre Munguia have both filed complaints-inintervention. They both contend that they have a life estate interest in the property at issue in this matter and seek adjudication of this issue. (Maria del Refugio Prieto’s First Amended Complaint-in-Intervention, ¶¶ 12-14; Pablo Ferre Munguia’s First Amended Complaint-in-Intervention, ¶¶ 12-14.)
They also argue that they should be reimbursed for costs for property taxes and homeowners insurance pertaining to the property under CCP § 872.140. (Maria del Refugio Prieto’s First Amended Complaint-in-Intervention, Prayer ¶ 2; Pablo Ferre Munguia’s First Amended Complaint-in-Intervention, Prayer ¶ 2.) The complaints-in-intervention assert four causes of action.
A determination of the intervenors’ interest in the property should have been made when interlocutory judgment was entered. (Summers v. Superior Court (2018) 24 Cal.App.5th 138, 143.) “[A]n interlocutory judgment in a partition action is to include two elements: a determination of the parties’ interests in the property and an order granting the partition.” (Id.) (When an intervention is allowed, the intervenor becomes a party to the action. CCP § 387(b).)
Unfortunately, a stipulated interlocutory judgment was only agreed to by Benjamin Prieto Jr. and Yolanda Scott. The interest of the intervenors is not addressed in this judgment and there is no indication that they agreed to it.
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Since Maria de Refugio Prieto and Pablo Ferre Munguia’s complaints-inintervention are still pending, the resolution of their claims, which all appear to be equitable, shall be done by a bench trial. Intervenors correctly point out in their briefs regarding the hearing on equitable claims that moving forward with a hearing on the merits of their claims would violate their procedural due process rights.
Trial Setting Conference is scheduled for 8.14.26 in preparation for a bench trial. Counsel are ordered to file a Trial Setting Conference declaration (preferably joint) 10 days in advance of hearing regarding mediation/ADR/ trial length in hours/ discovery/witnesses/interpreters/ status of settlement/special issues regarding evidence