GARY L. MCKENZIE VS. ANTHONY BUSTAMANTE, ET. AL

Tentative Rulings

Case Number: TC027368    Hearing Date: March 10, 2020    Dept: A

# 7. Gary McKenzie v. Anthony Bustamante, et al.

Case No.: TC027368

Matter on calendar for: Motion to Compel Disclosure of Settlement Terms

Tentative ruling:

1. Background

   This is a quiet title action wherein Plaintiff Gary McKenzie alleges he is the rightful owner of the property at 1000–1008 and 1018–1022 South Petrolia Avenue, Compton, California 90221. Plaintiff alleges that Defendant Anthony Bustamante conveyed the property to Plaintiff, so Defendant Bustamante’s subsequent conveyance to Defendant Petrolla Avenue, LLC, was void. The issue is that the deed which purportedly conveyed the property from Bustamante to Plaintiff spelled Bustamante’s name as Bustamonte instead of Bustamante, so it did surface during the title search.

   There are three defendant entities with similar names: (1) Petrolia Avenue Loan, LLC (“Petrolia Loan”), (2) Petrolia Owner, LLC, (“Petrolia Owner”), and (3) Petrolla Avenue, LLC (“Petrolla”). Petrolia Loan made a $1,200,000 loan to Petrolla, secured by the property, that allowed Petrolla to purchase the property from Bustamante on November 7, 2011. Before making the loan, Petrolia Loan obtained a title report from Pacific Coast Title Company. A final title report was obtained after the loan closed. Petrolla stopped making payments on August 5, 2012, resulting in Petrolia Loan recording a Notice of Default on December 14, 2012. Plaintiff then entered the picture and claimed the property was conveyed to him under an October 20, 2011 grant deed. Plaintiff filed this action on March 11, 2013, seeking to declare the conveyance to Petrolla void. In October 2017, Petrolia Loan assigned the Note and Deed to Petrolia Owner, making Petrolia Owner the current beneficiary under the loan.

   The action proceeded to a bench trial in October 2014, where the Court found Petrolla to be the rightful owner. However, Petrolla had already been dismissed from the action, resulting in the Court of Appeal determining that the trial court proceedings were void for lack of an indispensable party.

   The Fourth Amended Complaint (“FAC”) contains a single cause of action for Quiet Title. Petrolia Owner’s Second Amended Cross-Complaint (“SACC”) contains causes of action for: (1) Declaratory Relief, (2) Equitable Subrogation, and (3) Equitable Lien. Defendant Susan Fuentes now moves to compel discovery of the Petrolla settlement agreement

2. Analysis

Defendant Fuentes filed the motion on February 19, 2020. Code of Civil Procedure § 1005(b) requires all motions to be filed and served at least 16 court days in advance of the hearing, which in this case would have been February 14, 2020. Sixteen court days from February 19, 2020, is March 12, 2020.

The motion must be continued. Defendant Fuentes is to re-serve her motion on all parties in compliance with Section 1005(b).

1. Ruling

   Defendant Fuentes is to re-serve the motion on all parties with sufficient notice.

   Next dates:

   Notice: