This case was last updated from Los Angeles County Superior Courts on 04/03/2016 at 08:00:53 (UTC).

ELBA P GARZA VS ROSALINDA GARZA-WIESAND ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1140

  • Filing Date:

    10/17/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARK A. BORENSTEIN

GREGORY W. ALARCON

TERESA A. BEAUDET

 

Party Details

Plaintiff

GARZA ELBA P

Defendants, Respondents and Cross Plaintiffs

DOES 1-100

GARZA-WIESAND ROSALINDA

WIESAND THEODORE

GARZA-WIESAND ROSALINDA; DOE 1

GARZA-WIESAND ROSALINDA DOE 1

Respondent, Defendant and Cross Plaintiff

GARZA-WIESAND ROSALINDA DOE 1

Attorney/Law Firm Details

Plaintiff Attorneys

SOBEL G. SCOTT ESQ.

LAVAEE LAW GROUP

Defendant and Respondent Attorney

LEVIN STEWART ESQ.

 

Court Documents

SUBSTITUTION OF ATTORNEY

11/14/2014: SUBSTITUTION OF ATTORNEY

PROOF OF SERVICE SUMMONS

4/21/2015: PROOF OF SERVICE SUMMONS

Minute Order

4/27/2015: Minute Order

Unknown

5/26/2015: Unknown

SUBSTITUTION OF ATTORNEY

7/1/2015: SUBSTITUTION OF ATTORNEY

[1] NOTICF OF APPEARANCE TO SHOW EVIDENCE [2] DEMAND FOR DISMISSAL [3] MEMORANDUM OF POINTS & AUTHORITIES

7/7/2015: [1] NOTICF OF APPEARANCE TO SHOW EVIDENCE [2] DEMAND FOR DISMISSAL [3] MEMORANDUM OF POINTS & AUTHORITIES

REQUEST FOR ENTRY OF DEFAULT

7/16/2015: REQUEST FOR ENTRY OF DEFAULT

SUMMONS FIRST AMENDED COMPLAINT

8/10/2015: SUMMONS FIRST AMENDED COMPLAINT

PROOF OF SERVICE SUMMONS

8/12/2015: PROOF OF SERVICE SUMMONS

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

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

PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO ROSAUNDA GARZA WIESAND'S DEMURRER TO FIRST AMENDED COMPLAINT ETC.

9/14/2015: PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO ROSAUNDA GARZA WIESAND'S DEMURRER TO FIRST AMENDED COMPLAINT ETC.

SUMMONS CROSS-COMPLAINT

10/7/2015: SUMMONS CROSS-COMPLAINT

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: 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

REQUEST FOR JUDICIAL NOTICE

6/8/2016: REQUEST FOR JUDICIAL NOTICE

EX PARTE APPLICATION

6/8/2016: EX PARTE APPLICATION

ORDER RE: CROSS-DEFENDANT EDWARD L. PEREZ'S MOTION FOR ATTORNEYS' FEES AND COSTS PURSUANT TO CCP SSECTION 425.16

6/8/2016: ORDER RE: CROSS-DEFENDANT EDWARD L. PEREZ'S MOTION FOR ATTORNEYS' FEES AND COSTS PURSUANT TO CCP SSECTION 425.16

DEFENDANT ROSALINDA GARZA WIESAND'S SUPPLEMENTAL DECLARATION (JOINED IN BY YOLANDA ANGULO AND ULYSSES ANGULO)

6/9/2016: DEFENDANT ROSALINDA GARZA WIESAND'S SUPPLEMENTAL DECLARATION (JOINED IN BY YOLANDA ANGULO AND ULYSSES ANGULO)

NOTICE OF APPEAL

8/8/2016: NOTICE OF APPEAL

96 More Documents Available

 

Docket Entries

  • 03/07/2016
  • Notice of Ruling (RE: RELATED CASES ) Filed by Attorney for Cross-Defendant

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  • 02/16/2016
  • Notice of Ruling Filed by Attorney for Plaintiff/Petitioner

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  • 02/10/2016
  • Motion ( STTY FEES ) Filed by Attorney for Cross-Defendant

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  • 02/03/2016
  • Notice-Related Cases (W/BC465205 D-50 ) Filed by Attorney for Defendant/Respondent

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  • 02/02/2016
  • Order (GRANTING SLAPP MTN AND STRIKING CROSS-COMPLAINT ) Filed by Court

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  • 01/20/2016
  • Opposition Document Filed by Defendant & Defendant in Pro Per

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  • 12/04/2015
  • Ord Apptng Guardian Ad Litem (FOR ELBA P GARZA ) Filed by Attorney for Pltf/Petnr

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  • 12/04/2015
  • Notice of Continuance (HEARING ) Filed by Attorney for Cross-Defendant

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  • 12/02/2015
  • Application-Miscellaneous (FOR ELBA P GARZA GUARDIAN AD LITEM ) Filed by Attorney for Pltf/Petnr

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  • 11/09/2015
  • Joinder Filed by Attorney for Plaintiff/Petitioner

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31 More Docket Entries
  • 04/30/2015
  • Notice of Ruling (AFTER OSC RE DISM ) Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 04/24/2015
  • Substitution of Attorney Filed by Attorney for Plaintiff/Petitioner

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  • 04/24/2015
  • Declaration (OF HECTOR GARZA ) Filed by Attorney for Plaintiff/Petitioner

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  • 04/21/2015
  • Summons Filed (COMPLAINT ) Filed by Attorney for Plaintiff/Petitioner

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  • 11/26/2014
  • Notice-Case Management Conference Filed by Clerk

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  • 11/14/2014
  • Substitution of Attorney Filed by Attorney for Plaintiff/Petitioner

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  • 11/04/2014
  • Order-Court Fee Waiver After Hrg Filed by Court

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  • 10/20/2014
  • Order-Court Fee Waiver Filed by Clerk

    Read MoreRead Less
  • 10/17/2014
  • Request-Waive Court Fees Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 10/17/2014
  • Complaint

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Tentative Rulings

Case Number: BC561140    Hearing Date: January 14, 2020    Dept: 50

Superior Court of California

County of Los Angeles

Department 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:

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