Not Stated

compel responses. The motion is DENIED. It was filed before the time to respond had expired and is therefore premature. Moreover, defendant contends that timely responses were in fact served.

The court also has two ex parte matters. The first is a request for leave to record the lis pendens. The second is for a TRO. The underlying allegations are that plaintiff owned or owns real property. Defendants allegedly caused fraudulent debts to be recorded against the property, and now those lenders are seeking to foreclose.

The questions the court has are these. With regard to the TRO, what is the timeline? A notice of default has been issued, but the court does not know when any foreclosure sale might occur. The court is more concerned if the sale is tomorrow than if it is not going to occur for four months. If it is tomorrow, then emergency relief might be needed; if it is in four months, then this can await a preliminary injunction hearing. The court will inquire. That said, the court would be inclined to be sure that no sale occurs between now and the time the parties may be heard.

As to the lis pendens, the matter is presently set for December 17, 2026. The court needs to better understand why there are exigent circumstances such that the matter cannot be heard on that date. If it is the feared sale, the court would be inclined to learn about the proposed sale date. An alternative might be to advance the hearing date now on calendar.

hearing can go forward due to service issues. The court is also concerned that the case might be related to another case, which is the low numbered case. Until that is resolved, this court will not rule in the instant matter.

Case Number: 26SMCV00389 Hearing Date: August 24, 2026 Dept: I The application is DENIED for lack of exigency. It may be refiled as a motion or, if appropriate, by way of application and proposed order. The court will not hear argument on this application today.

Case Number: 26SMCV01748 Hearing Date: August 24, 2026 Dept: I The court ruled on this matter on August 21, 2026. The court's thinking has not changed and it will not hear argument. The application is DENIED.

Case Number: SC126806 Hearing Date: August 24, 2026 Dept: I The application to advance the hearing date on the motion for judgment on the pleadings is DENIED. While the court understands that these parties would rather not prepare for trial, they have been in the case since October 17, 2024. The theory of the MJOP is statute of limitations. And it is a pleading motion--not a summary judgment motion. While the court appreciates that they would rather not go to trial if their theory is correct, right now everyone is scrambling to get ready for the trial. The moving parties do not explain why a theory that was supposedly obvious to them well over 18 months before they filed their motion must be advanced now. The court just does not see the exigent circumstances.

The court notes that even if the court could hear the motion on close to statutory notice, it would not be heard until about a month before trial. Worse, it would likely have to be heard either on barely statutory notice or after the court returns from an absence, which is only a couple of weeks before trial.

This is also a request to define the scope of Phase I of the trial. The court's view is that this phase will deal with all aspects of the case involving ownership of the unit. That includes voidable transfer issues. To the extent that there are equitable portions and legal portions, the trial will be simultaneous but any evidence that goes only to the equitable portion will be excluded. If there is additional evidence going to the equitable part of this phase, it will be presented immediately after the jury's verdict. This phase will NOT include any issues related to the alleged sexual misconduct directed at Jane Doe or May Doe. The court's hope is that this will eliminate the aspects of the case that involve many parties so that a judgment can be entered as to those parties. If further discussion is needed, now is the time to have it. | Home -->)" -->