This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 05:56:55 (UTC).

BERNARDO GAMBOA VS VICTOR MUNOZ ET AL

Case Summary

On 04/20/2018 BERNARDO GAMBOA filed a Property - Other Real Property lawsuit against VICTOR MUNOZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DAVID SOTELO and RAMONA G. SEE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3229

  • Filing Date:

    04/20/2018

  • 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

DAVID SOTELO

RAMONA G. SEE

 

Party Details

Plaintiff, Petitioner and Cross Defendant

GAMBOA BERNARDO

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

MIRAMONTES CLAUDIA ETERNITY

MUNOZ VICTOR

GAMBOA-BANDA PAOLA

MUNOZ MARIA GUADALUPE

DOES 1-50

BANDA ALEX

V. MUNOZ HOLDINGS LLC A CALIFORNIA

PARTRIDGE VICTORIA

ARCADIA ESCROW SERVICES INC

ARCADIA ESCROW SERVICES INC.

SANTILLAN ISAAC

V. MUNOZ HOLDINGS LLC

GAMBOA BERNARDO

Not Classified By Court

ARCADIA ESCROW SERVICES INC. A CALIFORNIA CORPORATION VICTORIA PARTRIDGE

ISAAC SANTILLAN

Attorney/Law Firm Details

Cross Defendant and Plaintiff Attorneys

FABRIZI LARRY DAVID ESQ.

FABRIZI LARRY ESQ.

Plaintiff and Petitioner Attorney

FABRIZI LARRY ESQ.

Defendant, Respondent and Not Classified By Court Attorneys

LAW OFFICE OF EUGENE ALKANA

WOOD DAVID F

FELTEN JENNIFER

ALKANA EUGENE STEVEN

REILAND LAURA A.

SCHORR ZACHARY DAVID

CONSTANTINIDES STRATTON PETER

KLINKERT JAMES E

SCHORR ZACHARY D

Defendant and Respondent Attorney

LAW OFFICE OF EUGENE ALKANA

Defendant, Cross Defendant and Not Classified By Court Attorneys

SCHORR ZACHARY D

FABRIZI LARRY DAVID ESQ.

ALKANA EUGENE

Defendant and Not Classified By Court Attorneys

FELTEN JENNIFER

SCHORR ZACHARY DAVID

SCHORR ZACHARY D

GOLDSTEIN STEPHANIE CHING-YEE

MAGUIRE SHANE MICHAEL

 

Court Documents

Answer

9/22/2020: Answer

Notice of Ruling - NOTICE OF RULING OF BANKRUPTCY COURT'S ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY

12/17/2019: Notice of Ruling - NOTICE OF RULING OF BANKRUPTCY COURT'S ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

11/1/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Notice of Stay of Proceedings (Bankruptcy)

10/16/2019: Notice of Stay of Proceedings (Bankruptcy)

Reply - REPLY TO PLAINTIFF BERNARDO GAMBOAS OPPOSITION TO MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT

6/12/2019: Reply - REPLY TO PLAINTIFF BERNARDO GAMBOAS OPPOSITION TO MOTION TO STRIKE PORTIONS OF THE SECOND AMENDED COMPLAINT

Notice of Ruling

5/21/2019: Notice of Ruling

Motion to Continue Trial Date

4/17/2019: Motion to Continue Trial Date

Stipulation and Order - STIPULATION AND ORDER TO SET ASIDE DEFAULT OF DEFENDANT CLAUDIA ETERNITY MIRAMONTES

4/18/2019: Stipulation and Order - STIPULATION AND ORDER TO SET ASIDE DEFAULT OF DEFENDANT CLAUDIA ETERNITY MIRAMONTES

Minute Order - MINUTE ORDER (COURT ORDER RE: " STIPULATION TO SET ASIDE DEFAULT OF DEFENDA...)

4/19/2019: Minute Order - MINUTE ORDER (COURT ORDER RE: " STIPULATION TO SET ASIDE DEFAULT OF DEFENDA...)

Declaration - DECLARATION OF LAURA A. REILAND, ESQ. RE GOOD FAITH ATTEMPTS TO MEET AND CONFER PRIOR TO DEMURRER

4/4/2019: Declaration - DECLARATION OF LAURA A. REILAND, ESQ. RE GOOD FAITH ATTEMPTS TO MEET AND CONFER PRIOR TO DEMURRER

Notice of Ruling

3/5/2019: Notice of Ruling

Notice - Notice Non-Opposition to Motion to Amend

2/25/2019: Notice - Notice Non-Opposition to Motion to Amend

Motion for Leave to Amend - Motion for Leave to Amend Complaint

1/31/2019: Motion for Leave to Amend - Motion for Leave to Amend Complaint

Proof of Personal Service -

9/26/2018: Proof of Personal Service -

ORDER ON COURT FEE WAIVER

10/2/2018: ORDER ON COURT FEE WAIVER

REQUEST FOR DISMISSAL -

9/12/2018: REQUEST FOR DISMISSAL -

VERIFIED ANSWER OF DEFENDANT ALEX BANDA TO PLAINTIFF'S FIRST AMENDED COMPLAINT

7/18/2018: VERIFIED ANSWER OF DEFENDANT ALEX BANDA TO PLAINTIFF'S FIRST AMENDED COMPLAINT

CASE MANAGEMENT STATEMENT -

7/12/2018: CASE MANAGEMENT STATEMENT -

76 More Documents Available

 

Docket Entries

  • 11/30/2020
  • Hearing11/30/2020 at 09:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/12/2020
  • Hearing11/12/2020 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 10/06/2020
  • Docketat 09:00 AM in Department STL-D, Ramona G. See, Presiding; MSC Timeslot (JUDGE STEPHEN MOLONEY) - Not Held - Rescheduled by Court

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  • 09/22/2020
  • DocketAnswer; Filed by Bernardo Gamboa (Cross-Defendant)

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  • 09/03/2020
  • DocketCross-Complaint; Filed by Victor Munoz (Cross-Defendant); V. Munoz Holdings LLC (Defendant)

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  • 09/02/2020
  • DocketNotice of Ruling (RE: SEPTEMBER 1, 2020 HEARING ON DEFENDANTS VICTOR MUNOZ AND V.MUNOZ HOLDINGS LLC?S MOTION FOR LEAVE FOR FILE CROSS-COMPLAINT); Filed by Victor Munoz (Cross-Defendant)

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  • 09/01/2020
  • Docketat 09:30 AM in Department 40; Hearing on Motion for Leave to File a Cross-Complaint - Held - Motion Granted

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  • 09/01/2020
  • DocketMinute Order ( (Hearing on Motion for Leave to File a Cross-Complaint)); Filed by Clerk

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  • 08/25/2020
  • DocketReply (DEFENDANTS VICTOR MUNOZ AND V.MUNOZ HOLDINGS LLC?S REPLY IN SUPPORT OF THEIR MOTION FOR LEAVE TO FILE A CROSS-COMPLAINT FOR EQUITABLE SUBROGATION); Filed by Victor Munoz (Defendant); V. Munoz Holdings LLC (Defendant)

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  • 08/19/2020
  • DocketSubstitution of Attorney; Filed by Victor Munoz (Defendant)

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128 More Docket Entries
  • 05/15/2018
  • DocketNotice of Case Relocation Rescheduling (1st); Filed by null

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  • 05/15/2018
  • DocketSUMMONS ON FIRST AMENDED COMPLAINT

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  • 05/15/2018
  • DocketFirst Amended Complaint; Filed by Bernardo Gamboa (Plaintiff)

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  • 05/04/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/04/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 05/04/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/04/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 04/20/2018
  • DocketComplaint; Filed by Bernardo Gamboa (Plaintiff)

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  • 04/20/2018
  • DocketCOMPLAINT FOR: 1. FRAUD ;ETC

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  • 04/20/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC703229    Hearing Date: September 01, 2020    Dept: 40

MOVING PARTY: Defendants Victor Munoz and

V. Munoz Holdings, LLC

OPPOSITION: Plaintiff Bernardo Gamboa

On April 20, 2018, Plaintiff Bernardo Gamboa filed a complaint alleging that he was fraudulently induced to convey his property. The gravamen of Plaintiff’s complaint is that his daughter and son-in-law tricked him into conveying his property to Defendant Victor Munoz (“Defendant”) and his company V. Munoz Holdings, LLC.

Defendant moves to file a Cross-Complaint alleging two causes of action: equitable subrogation and money had and received.

Analysis: GRANTED

Defendant argues that he has causes of action against Plaintiff for equitable subrogation and money had and received in the event Plaintiff prevails in this case. Defendant states that he gave Plaintiff $100,000 for the property and that he has been the one making the mortgage payments on the property.

Plaintiff also cites to Code of Civil Procedure section 426.30 which states that compulsory cross-complaint must be filed with the answer. But section 426.50 provides a party relief for failure to file a cross-complaint. A motion for leave to file a cross-complaint can only be denied if there is bad faith. (Silver Orgs, supra, 217 Cal.App.3d at p. 99.) Plaintiff cites to Gherman v. Colburn (1977) 72 Cal.App.3d 544, in which the court found bad faith when defendants filed a cross-complaint on the first day of trial. In Gherman, the court stated that the “[trial court] here could well have concluded that the defendants’ eve of trial change of position relative to the existence of a joint venture was not in good faith but a strategic effort to deprive plaintiffs of their right to a jury trial on the factual issue of the existence of a joint venture, defendants' repudiation thereof and damages flowing therefrom.” (Id. at pp. 559-560.) In this matter, the request was made three months before the date of the non-jury trial. The cross-complaint merely formalizes issues that were already in the matter.

Conclusion: Defendant’s Motion for Leave to File a Cross-Complaint is GRANTED. Defendant is to file the Cross-Complaint within 5 days.