Accardi v. Accardi

Case: Accardi v. Accardi Case No. CV2025-0939 Hearing Date: June 24, 2026 Department Thirteen 9:00 a.m.

Defendant Giovanna Accardi’s request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The documents are irrelevant to the Court’s determination of the motion. (Malek Media Group LLC v. AXQG Corp. (2020) 58 Cal.App.5th 817, 825 [“Any matter to be judicially noticed must be relevant to a material issue.”].)

Plaintiffs Filippa Ferrando and Vito Accardi’s motion for distribution of funds after partition is GRANTED IN PART. (Code Civ. Proc., §§ 872.140, 873.820, 874.010, 874.040.) The Court finds that, based on the deemed admissions, defendant is responsible for plaintiffs’ portion of the costs of sale ($32,767.77) and reimbursing plaintiff Filippa Ferrando ($5,962.74). (See Code Civ. Proc., §§ 874.010, 874.040; Carrillo decl., ¶ 6, Exhibit 3; Robinson decl., ¶¶ 4-13, Exhibit 9; Ferrando decl., ¶¶ 4-12.) However, plaintiffs have failed to adequately support their counsel’s hourly rates. (Finney v. Gomez (2003) 111 Cal. App. 4th 527, 549-550; see also Heritage Pacific Financial, LLC v. Monroy (2013) 215 Cal.App.4th 972, 1004; Underwood decl.; Carrillo decl.) Therefore, the Court declines to impose attorneys’ fees against defendant. (See Underwood decl., ¶¶ 8-9, Exhibit 10.)

Defendant’s request for attorneys’ fees and costs is DENIED. (Code Civ. Proc., § 874.010.) Based on the deemed admissions, defendant is unable to recover attorneys’ fees or costs from plaintiffs. (Carrillo, ¶ 6, Exhibit 3.)

Therefore, the Court orders $228,598.62 be distributed to plaintiffs and $113,163.98 be distributed to defendant. (Robinson decl., ¶¶ 5, 16, Exhibit 9; Carrillo decl., ¶ 13, Exhibit 8; Ferrando decl., ¶¶ 4-12.)

The notice of motion does not provide notice of this Court’s tentative ruling system as required by Local Rule 11.2(b). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling system.

If no hearing is requested, and no party appears at the hearing, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

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