This case was last updated from Los Angeles County Superior Courts on 10/13/2021 at 20:36:17 (UTC).

HAZEL ORTEGA VS ROSANA TORRES, ET AL.

Case Summary

On 09/18/2019 HAZEL ORTEGA filed a Contract - Other Contract lawsuit against ROSANA TORRES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3586

  • Filing Date:

    09/18/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

ORTEGA HAZEL

Defendants

VISION ADELANTE

TORRES ROSANA

Attorney/Law Firm Details

Plaintiff Attorneys

DUARTE JAMES

RAMSAUR BRETT H.

 

Court Documents

Motion for Order - MOTION FOR ORDER FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS; SUPPORTING MEMO OF POINTS AND AUTH; DEC OF BRETT H. RAMSAUR

3/19/2021: Motion for Order - MOTION FOR ORDER FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS; SUPPORTING MEMO OF POINTS AND AUTH; DEC OF BRETT H. RAMSAUR

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

8/10/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Default Judgment

3/12/2020: Default Judgment

Abstract of Judgment - Civil and Small Claims

6/16/2020: Abstract of Judgment - Civil and Small Claims

Request for Entry of Default / Judgment

11/27/2019: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

11/27/2019: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER ASSIGNMENT ORDER)

7/21/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER ASSIGNMENT ORDER)

Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ASSIGNMENT ORDER

7/21/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ASSIGNMENT ORDER

Order - ORDER RULING

7/21/2021: Order - ORDER RULING

Supplemental Declaration - SUPPLEMENTAL DECLARATION OF BRETT H RAMSAUR IN SUPPORT OF MOTION FOR ASSIGNMENT ORDER [AND ORDER RESTRAINING JUDGMENT DEBTORS]

8/13/2021: Supplemental Declaration - SUPPLEMENTAL DECLARATION OF BRETT H RAMSAUR IN SUPPORT OF MOTION FOR ASSIGNMENT ORDER [AND ORDER RESTRAINING JUDGMENT DEBTORS]

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER ASSIGNMENT ORDER (C/F 7/21/21))

8/20/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER ASSIGNMENT ORDER (C/F 7/21/21))

Stipulation and Order - STIPULATION AND ORDER STIPULATION TO CONTINUE HEARING ON MOTION FOR ASSIGNMENT ORDER;

8/20/2021: Stipulation and Order - STIPULATION AND ORDER STIPULATION TO CONTINUE HEARING ON MOTION FOR ASSIGNMENT ORDER;

Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ASSIGNMENT ORDER

8/24/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ASSIGNMENT ORDER

Order - ORDER REGARDING AFFIDAVIT OF IDENTITY

10/9/2020: Order - ORDER REGARDING AFFIDAVIT OF IDENTITY

Notice of Rejection - Post Judgment

11/30/2020: Notice of Rejection - Post Judgment

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF REJECTION - POST JUDGMENT]

11/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF REJECTION - POST JUDGMENT]

Writ - Return

12/4/2020: Writ - Return

Writ of Execution - WRIT OF EXECUTION ( LOS ANGELES)

12/14/2020: Writ of Execution - WRIT OF EXECUTION ( LOS ANGELES)

25 More Documents Available

 

Docket Entries

  • 11/04/2021
  • Hearing11/04/2021 at 08:30 AM in Department 49 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other Assignment Order (c/f 7/21/21) (c/f 8/20/21 per stip. & Order filed 8/20/21)

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  • 08/24/2021
  • DocketNotice (Notice of Continuance of Hearing on Motion for Assignment Order); Filed by Hazel Ortega (Plaintiff)

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  • 08/20/2021
  • Docketat 08:30 AM in Department 49; Hearing on Motion - Other (Assignment Order (c/f 7/21/21)) - Not Held - Continued - Stipulation

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  • 08/20/2021
  • DocketStipulation and Order (Stipulation to Continue Hearing on Motion for Assignment Order;); Filed by Hazel Ortega (Plaintiff)

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  • 08/20/2021
  • DocketMinute Order ( (Hearing on Motion - Other Assignment Order (c/f 7/21/21))); Filed by Clerk

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  • 08/13/2021
  • DocketSupplemental Declaration (of Brett H Ramsaur in Support of Motion for Assignment Order [And Order Restraining Judgment Debtors]); Filed by Hazel Ortega (Plaintiff)

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  • 07/21/2021
  • Docketat 08:31 AM in Department 49; Hearing on Motion - Other (Assignment Order) - Held - Continued

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  • 07/21/2021
  • DocketOrder (RULING); Filed by Clerk

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  • 07/21/2021
  • DocketNotice (Notice of Continuance of Hearing on Motion for Assignment Order); Filed by Hazel Ortega (Plaintiff)

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  • 07/21/2021
  • DocketMinute Order ( (Hearing on Motion - Other Assignment Order)); Filed by Clerk

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27 More Docket Entries
  • 01/21/2020
  • DocketCertificate of Mailing for ((Case Management Conference) of 01/21/2020); Filed by Clerk

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  • 01/15/2020
  • DocketCase Management Statement; Filed by Hazel Ortega (Plaintiff)

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  • 11/27/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Hazel Ortega (Plaintiff)

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  • 11/27/2019
  • DocketRequest for Entry of Default / Judgment; Filed by Hazel Ortega (Plaintiff)

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  • 09/30/2019
  • DocketProof of Personal Service; Filed by Hazel Ortega (Plaintiff)

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  • 09/30/2019
  • DocketProof of Personal Service; Filed by Hazel Ortega (Plaintiff)

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  • 09/18/2019
  • DocketComplaint; Filed by James Duarte (Attorney); Hazel Ortega (Plaintiff)

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  • 09/18/2019
  • DocketCivil Case Cover Sheet; Filed by James Duarte (Attorney); Hazel Ortega (Plaintiff)

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  • 09/18/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 09/18/2019
  • DocketSummons (on Complaint); Filed by James Duarte (Attorney)

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Tentative Rulings

b'

Case Number: 19STCV33586 Hearing Date: August 20, 2021 Dept: 49

Superior Court of\r\nCalifornia

\r\n\r\n

County of Los\r\nAngeles

\r\n\r\n

\r\n\r\n

Hazel\r\nOrtega ) \r\nCase No. 19STCV33586

\r\n\r\n

Plaintiff, )

\r\n\r\n

)

\r\n\r\n

)

\r\n\r\n

)

\r\n\r\n

v. )_______________________________

\r\n\r\n

) [Tentative]\r\nRuling

\r\n\r\n

)

\r\n\r\n

Rosana\r\nTorres et al. )

\r\n\r\n

Defendants. )

\r\n\r\n

)

\r\n\r\n

_______________________________)________________________________

\r\n\r\n

\r\n\r\n

\r\n\r\n

Hearing\r\nDate: August 20, 2021

\r\n\r\n

Department\r\n49, Judge Stuart M. Rice

\r\n\r\n

\r\n\r\n

Moving\r\nParty: Plaintiff\r\nHazel Ortega

\r\n\r\n

Responding\r\nParty: Defendants\r\nRosana Torres and Vision Adelante (no response filed)

\r\n\r\n

Ruling: Motion\r\ngranted as to 1104 Portola Avenue, Torrance, CA 90501 (APN 7354-016-035); 23200\r\nSesame Street, Unit D, Torrance, CA 90502 (APN 7407-004-049); 1527 W. 160th\r\nStreet, Gardena, CA 90247 (APN 6105-013-024); 1945 N. Summit Avenue, Pasadena,\r\nCA 91103 (APN 5837-003-013). Motion\r\ndenied as to all other properties. The\r\nCourt will modify and sign Plaintiff’s proposed order.

\r\n\r\n

\r\n\r\n

Plaintiff and judgment creditor\r\nHazel Ortega (“Plaintiff”) moves for an order assigning to her the rents of\r\ncertain real properties which are payable to defendants and judgment creditors\r\nRosana Torres and Vision Adelante (collectively, “Defendants”).

\r\n\r\n

\r\n\r\n

On March 12, 2020, the Court\r\nentered judgment by default for Plaintiff against Defendants in the amount of\r\n$1,344,960.81. Plaintiff’s counsel avers\r\nthat since that time, Plaintiff has been able to collect only $7,631.27, and with\r\npost-judgment interest, the amount due as of March 18, 2021, is\r\n$1,474,404.10. By a motion filed March\r\n19, 2021, Plaintiff sought an order assigning to her the right to collect rents\r\non the following properties (identified by the following numbers for clarity):

\r\n\r\n

\r\n\r\n

1. \r\n1104\r\nPortola Avenue, Torrance, CA 90501 (APN 7354-016-035);

\r\n\r\n

2. \r\n16411\r\nHaas Avenue, Torrance, CA 90504 (APN 4066-019-020);

\r\n\r\n

3. \r\n23200\r\nSesame Street, Unit D, Torrance, CA 90502 (APN 7407-004-049);

\r\n\r\n

4. \r\n1527\r\nW. 160th Street, Gardena, CA 90247 (APN 6105-013-024);

\r\n\r\n

5. \r\n4221\r\nAbner Street, Los Angeles, CA 90032 (APN 5215-002-017);

\r\n\r\n

6. \r\n430\r\nE. Esther Street, Long Beach, CA 90813 (APN 7269-021-031);

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7. \r\n1945\r\nN. Summit Avenue, Pasadena, CA 91103 (APN 5837-003-013).

\r\n\r\n

\r\n\r\n

On July\r\n19, 2021, the Court continued the motion so that Plaintiff could substantiate\r\nher contentions that Defendants own these seven properties. On August 13, 2021, Plaintiff filed a\r\nsupplemental declaration.

\r\n\r\n

\r\n\r\n

The Court\r\nis empowered to assign rights of payment, such as rents due to judgment\r\ncreditors in order to satisfy judgments. \r\n(Code Civ. Proc. § 708.510.) The\r\nCourt likewise has the power to restrain judgment debtors from assigning or\r\notherwise disposing of the right to payment. \r\n(Code Civ. Proc. § 708.520.)

\r\n\r\n

\r\n\r\n\r\n\r\n

It appears from the documents\r\nattached to the supplemental declaration that Defendants own properties #1, 3,\r\n4, and 7. Plaintiffs are no longer\r\nseeking an assignment of rents from property #5. The Court will therefore grant the motion as\r\nto properties #1, 3, 4, and 7.

\r\n\r\n

\r\n\r\n

With respect to property #2 and\r\nproperty #6, Plaintiff contends that these properties are legally owned by\r\nthird parties for the benefit of defendant Torres; that is, that the legal\r\nowners “never held any actual ownership therein” and that because of the\r\nfraudulent transaction, the owners “have agreed to convey and relinquish all of\r\ntheir record ownership interest therein.” \r\nPlaintiff further contends that defendant Torres operates these\r\nproperties to the exclusion of the legal owners. “The owner of the legal title to property is\r\npresumed to be the owner of the full beneficial title. This presumption may be\r\nrebutted only by clear and convincing proof.” \r\n(Evid. Code § 662.) While what\r\nPlaintiff contends may be true, Plaintiff presents no proof of these\r\ncontentions except for her attorney’s declaration. The legal owners of these properties (Cruz\r\nLopez and Robert Vega) are not parties to this action, and have not had an\r\nopportunity to respond to Plaintiff’s arguments. The Court will not grant the motion as to\r\nthese properties. Plaintiff should be\r\nprepared to discuss at the hearing on this motion what, if anything, ought to\r\nbe done about these properties.

\r\n\r\n

\r\n\r\n

For the foregoing reasons, the motion\r\nis granted as to the following properties: 1104 Portola Avenue, Torrance, CA\r\n90501 (APN 7354-016-035); 23200 Sesame Street, Unit D, Torrance, CA 90502 (APN\r\n7407-004-049); 1527 W. 160th Street, Gardena, CA 90247 (APN\r\n6105-013-024); 1945 N. Summit Avenue, Pasadena, CA 91103 (APN 5837-003-013). \r\nThe Court will modify and sign Plaintiff’s proposed order. Plaintiff to give notice.

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Date: August 20, 2021

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__________________________

\r\n\r\n

Honorable\r\nStuart M. Rice

\r\n\r\n

Judge of the Superior Court

\r\n\r\n

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