On 10/17/2014 ELBA P GARZA filed a Property - Other Real Property lawsuit against ROSALINDA GARZA-WIESAND. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARK A. BORENSTEIN, GREGORY W. ALARCON and TERESA A. BEAUDET. The case status is Pending - Other Pending.
****1140
10/17/2014
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
MARK A. BORENSTEIN
GREGORY W. ALARCON
TERESA A. BEAUDET
GARZA ELBA P
DOES 1-100
GARZA-WIESAND ROSALINDA
WIESAND THEODORE
GARZA-WIESAND ROSALINDA; DOE 1
GARZA-WIESAND ROSALINDA DOE 1
GARZA-WIESAND ROSALINDA DOE 1
SOBEL G. SCOTT ESQ.
LAVAEE LAW GROUP
LEVIN STEWART ESQ.
11/14/2014: SUBSTITUTION OF ATTORNEY
4/21/2015: PROOF OF SERVICE SUMMONS
4/27/2015: Minute Order
5/26/2015: Unknown
7/1/2015: SUBSTITUTION OF ATTORNEY
7/7/2015: [1] NOTICF OF APPEARANCE TO SHOW EVIDENCE [2] DEMAND FOR DISMISSAL [3] MEMORANDUM OF POINTS & AUTHORITIES
7/16/2015: REQUEST FOR ENTRY OF DEFAULT
8/10/2015: SUMMONS FIRST AMENDED COMPLAINT
8/12/2015: PROOF OF SERVICE SUMMONS
8/28/2015: NOTICE OF PLAINTIFF'S ATTORNEY FAILURE TO MEET AND CONFER TIMELY; NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; (FAC) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
9/14/2015: PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO ROSAUNDA GARZA WIESAND'S DEMURRER TO FIRST AMENDED COMPLAINT ETC.
10/7/2015: SUMMONS CROSS-COMPLAINT
6/8/2016: ROSALINDA GARZA WIESAND'S DECLARATION IN SUPPORT OF HER EX PARTE APPLICATION TO REMOVE HECTOR A. GARZA, JR., AS GUARDIAN AD LITEM OR IN THE ALTERNATIVE TO SHORTEN TIME ON MOTION
6/8/2016: REQUEST FOR JUDICIAL NOTICE
6/8/2016: EX PARTE APPLICATION
6/8/2016: ORDER RE: CROSS-DEFENDANT EDWARD L. PEREZ'S MOTION FOR ATTORNEYS' FEES AND COSTS PURSUANT TO CCP SSECTION 425.16
6/9/2016: DEFENDANT ROSALINDA GARZA WIESAND'S SUPPLEMENTAL DECLARATION (JOINED IN BY YOLANDA ANGULO AND ULYSSES ANGULO)
8/8/2016: NOTICE OF APPEAL
Notice of Ruling (RE: RELATED CASES ) Filed by Attorney for Cross-Defendant
Notice of Ruling Filed by Attorney for Plaintiff/Petitioner
Motion ( STTY FEES ) Filed by Attorney for Cross-Defendant
Notice-Related Cases (W/BC465205 D-50 ) Filed by Attorney for Defendant/Respondent
Order (GRANTING SLAPP MTN AND STRIKING CROSS-COMPLAINT ) Filed by Court
Opposition Document Filed by Defendant & Defendant in Pro Per
Ord Apptng Guardian Ad Litem (FOR ELBA P GARZA ) Filed by Attorney for Pltf/Petnr
Notice of Continuance (HEARING ) Filed by Attorney for Cross-Defendant
Application-Miscellaneous (FOR ELBA P GARZA GUARDIAN AD LITEM ) Filed by Attorney for Pltf/Petnr
Joinder Filed by Attorney for Plaintiff/Petitioner
Notice of Ruling (AFTER OSC RE DISM ) Filed by Attorney for Plaintiff/Petitioner
Substitution of Attorney Filed by Attorney for Plaintiff/Petitioner
Declaration (OF HECTOR GARZA ) Filed by Attorney for Plaintiff/Petitioner
Summons Filed (COMPLAINT ) Filed by Attorney for Plaintiff/Petitioner
Notice-Case Management Conference Filed by Clerk
Substitution of Attorney Filed by Attorney for Plaintiff/Petitioner
Order-Court Fee Waiver After Hrg Filed by Court
Order-Court Fee Waiver Filed by Clerk
Request-Waive Court Fees Filed by Attorney for Plaintiff/Petitioner
Complaint
Case Number: BC561140 Hearing Date: January 14, 2020 Dept: 50
elba p. garza, Plaintiff, vs. rosalinda garza-wiesand, et al. Defendants. AND RELATED CROSS-ACTIONS |
Case No.: |
BC 561140 [r/w BC465205 and BC599989] |
Hearing Date: |
January 14, 2020 |
|
Hearing Time: |
8:30 a.m. |
|
[TENTATIVE] ORDER RE:
PETITION TO APPROVE COMPROMISE OF PENDING ACTION OF PERSON WITH A DISABILITY
|
Background
On October 17, 2014, Plaintiff Elba P. Garza (“Garza”) filed this action against Defendants Rosalinda Garza-Wiesand (“Garza-Wiesand”) and Theodore Wiesand (“Wiesand”) (jointly, “Defendants”) alleging, among other things, financial elder abuse. Garza also seeks to quiet title to two properties, located at 236 S. Avenue 55, Los Angeles, California 90042 and 238 S. Avenue 55, Los Angeles, California 90042 (jointly, the “Properties”). The operative First Amended Complaint (“FAC”) was filed on August 10, 2015. On October 7, 2015, Garza-Wiesand filed a Cross-Complaint against, among others, Garza and Edward L. Perez (“Perez”).
Garza’s guardian ad litem Hector A. Garza, Jr. (“Petitioner”) now petitions for approval of a settlement between Garza and Edward L. Perez (“Perez”). Garza-Wiesand opposes.
Discussion
As an initial matter, the Court notes that although Petitioner seeks approval for a settlement between Garza and Perez in Case No. BC561140, Perez is not a named defendant in Garza’s operative FAC. Therefore, it is unclear what authority the Court has to approve or disapprove of a settlement between parties who are not adverse. Presumably, Petitioner actually seeks approval of a settlement in the related case, Case No. BC465205. This is supported by the fact that the settlement agreement attached to the petition sets forth Case No. BC465205 as the case being settled. There, Perez and Garza have asserted claims and cross-claims against one another, namely for quiet title to the Properties.
Garza and Perez’s settlement contains the following terms:
236 S. Avenue 55 will belong to Perez;
238 S. Avenue 55 will belong to Garza;
The Estate of Hector Garza, Sr. shall assign its right, title, and interest in and to Hector Garza, Sr.’s community property interest in the Properties to Perez;
Garza will be entitled to half the income from 236 S. Avenue 55 and all of the income from 238 S. Avenue 55 during her lifetime; after her death, her estate or trust will hold title to 238 S. Avenue 55; and
The Estate of Hector Garza, Sr. will receive $100,000 from the receivership now holding funds derived from income from the Properties.
Garza-Wiesand opposes on a number of grounds. First, Garza-Wiesand asserts that Garza is currently under a conservatorship, Case No. BP170031. Martha Hidalgo, one of Garza’s daughters, is Garza’s conservator. Garza is represented by counsel in her probate action (Bruce Ellman). Garza-Wiesand contends that this settlement must be approved by the Probate Court, but it appears that no notice of these proceedings or the pending settlement have been given to the Probate Court, to Garza’s probate counsel, or to the conservator. Second, Garza-Wiesand asserts that Petitioner has a conflict of interest in remaining as Garza’s guardian ad litem. Garza-Wiesand contends that Petitioner lives in Garza’s home, and that the settlement would benefit Petitioner personally, to Garza’s detriment, because no consideration is offered to Garza for releasing her claims.
The Court notes that Garza-Wiesand offers no evidence in support of any of the assertions made in her opposition. In any event, Petitioner responds to Garza-Wiesand’s arguments by asserting that the Probate Court has been apprised of the status of the civil cases and that the Probate Court has expressed a disinclination in overseeing any aspect of the civil cases, including, presumably, this motion. (Garza, Jr. Decl., p. 2:23 – 3:4.) Petitioner also asserts that Ms. Hidalgo has been made aware of this motion and does not oppose it. (Hidalgo Decl.,
¶ 2.)
Based on the evidence presented, the Court finds that the petition fully discloses all information having any bearing on the reasonableness of the compromise and is properly verified by Petitioner. (Cal. Rules of Court, rule 7.950; Prob. Code § 3500.) Furthermore, the Court finds that Petitioner has demonstrated that the compromise is reasonable and in the best interest of Garza. However, the Court notes that Petitioner failed to include the mandatory proposed order (Form MC-351).
Conclusion
Based on the foregoing, the petition to approve the compromise of Garza’s claims against Edward Perez is granted. However, the Court orders Petitioner to lodge the mandatory proposed order for the petition within 5 days of this Order.
Petitioner is ordered to provide notice of this ruling.
DATED: January 14, 2020 ________________________________
Hon. Teresa A. Beaudet
Judge, Los Angeles Superior Court