Ronnie J. Adams v. FCA US, LLC

PLUMBING INC. The remaining entities are non-judgment debtor LLCs, so Plaintiff/Judgment Creditor will have to move for a charging order in accordance with Civ. Proc. Code Sec.Sec. 699.720, 708.310 as to: RV ENTERPRISE, LLC; RVSS LLC; and GRAMERCY AUTO SERVICE LLC. As modified above, Plaintiff/Judgment Creditor has made a sufficient showing that he is entitled to the relief sought under Code Civ. Proc. Sec.Sec. 708.510 and 708.520. (Declaration of Luke Sheldon.)

The Court notes that it has inherent power to order an accounting in aid of the execution of judgment: By ordering an accounting, the trial court kept Palmco from being unjustly enriched by delaying execution of the judgment. The court acted within its inherent equity power and the jurisdiction it expressly retained to ensure compliance with the letter and intent of the judgment. Any other result would reward Palmco for delaying execution of the judgment and encourage litigants in similar circumstances to present and [*226] prolong appeals as long as possible to retain the profits reaped during the delay. (Palmco Corp. v. Superior Court (1993) 16 Cal.App.4th 221, 225-226.)

The only question is the person or entity who has the obligation to comply with the assignment order as to payments which come due as to the real property. Such person or entity must be specified in the order.

following tentative ruling is issued pursuant to Rule of Court 3.1308 at DATE \@ "h:mm am/pm" 2:55 PM on DATE \@ "MMMM d, yyyy" August 26, 2026. Rule of Court 3.1308(a)(1) provides that a "tentative ruling will become the ruling of the court if the court has not directed oral argument by its tentative ruling and notice of intent to appear has not been given."

The Court does not desire oral argument on the motion addressed herein. Notice of intent to appear is REQUIRED pursuant to California Rule of Court 3.1308(a)(1). No later than 4:00 p.m. on DATE \@ "MMMM d, yyyy" August 26, 2026, the moving and opposing parties must provide notice to ALL OTHER PARTIES and the staff of Department 734 whether the party intends to (1) appear and argue the motion, or (2) submit to the tentative ruling. Notice to Department 734 should be sent by email to [email protected], with opposing parties copied on the email. The high volume of telephone calls to Department 734 may delay the Court's receipt of notice, so telephonic notice to 213-830-0776 should be reserved for situations where parties are unable to give notice by email.

This is a Lemon Law action based on an Engine Defect. Defendant FCA US, LLC moves to for sanctions against Plaintiff pursuant to Code Civ. Proc. Sec. 871.26(j).

TENTATIVE RULING

Defendant FCA US, LLC's motion for sanctions against Plaintiff's counsel is GRANTED in the mandatory amount of $1,500. Sanctions are to be paid to Defendant's counsel within 15 business days.

ANALYSIS

Motion For Sanctions

The Court has reviewed the moving, opposing and reply briefs filed by the parties, but only addresses the points which the Court deems to be material to the disposition of this motion. Defendant FCA US, LLC moves to for sanctions against Plaintiff pursuant to Code Civ. Proc. Sec. 871.26 (j) due to Plaintiff's failure to timely serve the mandatory initial disclosures within 60 days after the filing of Defendant's responsive pleading, as required by section 871.26, subdivision (b) and failed to provide complete information or the required documents. (b) Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h). (Code Civ. Proc. Sec. 871.26(b).)

On October 22, 2025, Defendant filed a demurrer and motion to strike to the Complaint. As such, Plaintiff had until Monday December 22, 2025 [1] to serve initial disclosures and documents. On December 22, 2025, Plaintiff served initial disclosures, with no document production. (Declaration of Armando Lopez, P. 4; Exh. A.) Although Plaintiff's initial disclosure was timely, the failure to provide documents did not comply with Code Civ. Proc. Sec. 871.26(b), (f). In the Reply, Defendant indicates that Plaintiff still has not produced the required documents or provided all information mandated by Sec. 871.26(f) & (g).

Plaintiff has not demonstrated good cause for failure to provide documents specified in Code Civ. Proc. Sec. 871.26(f). These are documents which the client should have provided to counsel as part of the intake process, and which counsel should have been prepared to produce before filing suit or soon thereafter.

Code Civ. Proc. Sec. 871.26(j)(1) provides: (j) Unless the party failing to comply with this section shows good cause, notwithstanding any other law and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose sanctions as follows: (1) A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff's attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business days for failure to comply with the document production requirements as prescribed in subdivision (b). (Code Civ. Proc. Sec. 871.26(j)(1).)

Defendant's request for sanctions against Plaintiff's counsel is GRANTED in the mandatory amount of $1,500. (Code Civ. Proc. Sec. 871.26(j)(1).) Sanctions are to be paid to Defendant's counsel within 15 business days. (Id.)

[1] The 60 th day was Sunday December 21, 2025.

Case Number: 25STCV21977

Hearing Date: August 27, 2026

Dept: 734

Plaintiffs allege that Defendants made secured loans for Plaintiffs to purchase real property. However, the loans fell into default, which triggered a 27% interest rate, and Defendant foreclosed. Plaintiffs seek to cancel the loans because the true default interest rate was concealed. Defendants Erik Rist, individually and as Trustee of the Joshua Hawkesby move for leave to amend the answer to the First Amended Complaint. Defendants Galloway Financial, LLC, a Colorado limited liability company and ERIK RIST, individually and as Trustee of the Joshua Hawkesby Exempt Trust Created Under the Miller Intervivos Trust Dated 12/06/2006 move to expunge lis pendens related to the First Amended Complaint.

TENTATIVE RULING

Defendants Erik Rist, individually and as Trustee of the Joshua Hawkesby's motion for leave to file a First Amended Answer is GRANTED. Defendant is to file a stand-alone copy of the First Amended Answer today, which is deemed served as of the date of this order.

Defendants Galloway Financial, LLC, a Colorado limited liability company and ERIK RIST, individually and as Trustee of the Joshua Hawkesby Exempt Trust Created Under the Miller Intervivos Trust Dated 12/06/2006's motion to expunge lis pendens related to the First Amended Complaint is GRANTED. Pursuant to Civ. Proc. Code, Sec.Sec. 405.31 and 405.32, an undertaking is not required. Nonetheless, the order expunging lis pendens may be ordered stayed pending a hearing on amount of undertaking pursuant to Code Civ. Proc., Sec. 405.34.

The Court finds that an appropriate amount of the undertaking pursuant to Code Civ. Proc., Sec. 405.34 would be the amount of the underlying loan and pre-default interest--excluding the claim 27% penalty interest--which would have been sufficient to cure the default and reinstate the loan at the time of the non-judicial foreclosure sale. If Plaintiffs represent that they can realistically post this undertaking amount, then the Court will give the parties an opportunity to ascertain and brief this amount, in which case, the Court will stay the order expunging lis pendens and set this amount.

Defendants' request for attorney's fees pursuant to Code Civ. Proc., Sec. 405.38 is GRANTED in the reduced amount of $4,140.

ANALYSIS

Motion For Leave To Amend Answer

Request For Judicial Notice

Defendants request that the Court take judicial notice of the following: 1. The Complaint filed on October 1,