This case was last updated from Los Angeles County Superior Courts on 08/24/2022 at 03:56:42 (UTC).

PATRICIA YRIGOLLEN VS. JESUS CRUZ

Case Summary

On 07/07/2017 PATRICIA YRIGOLLEN filed a Contract - Other Contract lawsuit against JESUS CRUZ. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is BRIAN F. GASDIA. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6406

  • Filing Date:

    07/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

BRIAN F. GASDIA

 

Party Details

Plaintiff and Cross Defendant

YRIGOLLEN PATRICIA

Defendants and Cross Plaintiffs

GARCIA ADRIAN SUED HEREIN AS

GARCIA SOTO ADRIAN

LLAMAS ARTURO

CRUZ JESUS

Attorney/Law Firm Details

Plaintiff Attorneys

RICHARDSON ANTON R.E.

RICHARDSON ANTON ROBERTS ELDRIDGE

Defendant Attorneys

HONEY ROGER GLEN

TRAUB LIEBERMAN STRAUS & SHREWSBERRY LLP

BUBION JUSTIN ARNOLD

ROGER G. HONEY LAW OFFICES OF

Cross Defendant Attorney

RICHARDSON ANTON ROBERTS

 

Court Documents

Request for Dismissal - REQUEST FOR DISMISSAL WITH PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION

9/2/2021: Request for Dismissal - REQUEST FOR DISMISSAL WITH PREJUDICE AS TO ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION

Request for Dismissal - REQUEST FOR DISMISSAL WITH PREJUDICE AS TO CROSS COMPLAINT FILED BY JESUS CRUZ, 11/25/19.

8/17/2021: Request for Dismissal - REQUEST FOR DISMISSAL WITH PREJUDICE AS TO CROSS COMPLAINT FILED BY JESUS CRUZ, 11/25/19.

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER ADVANCING AND VACATING TRIAL DATES:) OF 08/16/2021

8/16/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER ADVANCING AND VACATING TRIAL DATES:) OF 08/16/2021

Minute Order - MINUTE ORDER (COURT ORDER ADVANCING AND VACATING TRIAL DATES:)

8/16/2021: Minute Order - MINUTE ORDER (COURT ORDER ADVANCING AND VACATING TRIAL DATES:)

Notice of Settlement

8/17/2021: Notice of Settlement

Stipulation and Order - STIPULATION AND ORDER PROPOSED STIPULATION AND ORDER TO CONTINUE TRIAL

6/1/2021: Stipulation and Order - STIPULATION AND ORDER PROPOSED STIPULATION AND ORDER TO CONTINUE TRIAL

Substitution of Attorney - SUBSTITUTION OF ATTORNEY FOR DEFENDANT TO PROPER STATUS

2/2/2021: Substitution of Attorney - SUBSTITUTION OF ATTORNEY FOR DEFENDANT TO PROPER STATUS

Request for Dismissal - REQUEST FOR DISMISSAL RE: SECOND AMENDED COMPLAINT (10/31/2019) AS TO ARTURO LLAMAS ONLY WITHOUT PREJUDICE

11/13/2020: Request for Dismissal - REQUEST FOR DISMISSAL RE: SECOND AMENDED COMPLAINT (10/31/2019) AS TO ARTURO LLAMAS ONLY WITHOUT PREJUDICE

Request for Dismissal - REQUEST FOR DISMISSAL RE: SECOND AMENDED COMPLAINT FILED 10/31/2019 AS TO ADRIAN GARCIA ONLY WITH PREJUDICE

11/13/2020: Request for Dismissal - REQUEST FOR DISMISSAL RE: SECOND AMENDED COMPLAINT FILED 10/31/2019 AS TO ADRIAN GARCIA ONLY WITH PREJUDICE

Notice of Posting of Jury Fees

12/22/2020: Notice of Posting of Jury Fees

Notice of Posting of Jury Fees

9/9/2020: Notice of Posting of Jury Fees

Order - ORDER /RULING ON 9/01/2020 HEARING DENYING DEFT'S MOTION FOR SUMMARY JUDGMENT

9/2/2020: Order - ORDER /RULING ON 9/01/2020 HEARING DENYING DEFT'S MOTION FOR SUMMARY JUDGMENT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER /RULING ON 9/01/2020 HEARING DENYING DEFT'S MOTION FOR SUMMARY JUDGMENT]

9/3/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER /RULING ON 9/01/2020 HEARING DENYING DEFT'S MOTION FOR SUMMARY JUDGMENT]

Stipulation and Order - STIPULATION AND ORDER STIPULATION AND [PROPOSED] ORDER DETERMINING SETTLEMENTS TO BE IN GOOD FAITH PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 877.6

8/27/2020: Stipulation and Order - STIPULATION AND ORDER STIPULATION AND [PROPOSED] ORDER DETERMINING SETTLEMENTS TO BE IN GOOD FAITH PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 877.6

Order - TRIAL SETTING ORDER

9/1/2020: Order - TRIAL SETTING ORDER

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

9/1/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY JUDGMENT)

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

9/1/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice - NOTICE NOTICE OF SETTLEMENT AND STIPULATION THAT COURT MAINTAIN JURISDICTION PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 664.6; AND [PROPOSED] ORDER THEREON

9/1/2020: Notice - NOTICE NOTICE OF SETTLEMENT AND STIPULATION THAT COURT MAINTAIN JURISDICTION PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 664.6; AND [PROPOSED] ORDER THEREON

88 More Documents Available

 

Docket Entries

  • 12/29/2021
  • Docketat 08:30 AM in Department F; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

    [+] Read More [-] Read Less
  • 10/07/2021
  • Docketat 09:30 AM in Department F; Jury Trial ((time estimate for trial is 5-7 days)) - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 09/23/2021
  • Docketat 09:30 AM in Department F; Final Status Conference - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 09/02/2021
  • DocketRequest for Dismissal (With Prejudice as to Entire Action of All Parties and All Causes of Action); Filed by PATRICIA YRIGOLLEN (Plaintiff)

    [+] Read More [-] Read Less
  • 08/19/2021
  • Docketat 08:30 AM in Department F; Mandatory Settlement Conference (MSC) - Not Held - Advanced and Vacated

    [+] Read More [-] Read Less
  • 08/17/2021
  • DocketRequest for Dismissal (With Prejudice as to Cross Complaint filed by Jesus Cruz, 11/25/19.); Filed by Jesus Cruz (Cross-Complainant)

    [+] Read More [-] Read Less
  • 08/17/2021
  • DocketNotice of Settlement; Filed by PATRICIA YRIGOLLEN (Plaintiff)

    [+] Read More [-] Read Less
  • 08/16/2021
  • Docketat 11:53 AM in Department F; Court Order

    [+] Read More [-] Read Less
  • 08/16/2021
  • DocketMinute Order ( (Court Order Advancing and Vacating Trial Dates:)); Filed by Clerk

    [+] Read More [-] Read Less
  • 08/16/2021
  • DocketCertificate of Mailing for ((Court Order Advancing and Vacating Trial Dates:) of 08/16/2021); Filed by Clerk

    [+] Read More [-] Read Less
146 More Docket Entries
  • 12/12/2017
  • Docketat 1:30 PM in Department F; Case Management Conference (Conference-Case Management; Matter Placed Off Calendar) -

    [+] Read More [-] Read Less
  • 12/12/2017
  • Docketat 01:30 pm in Department F, Master Calendar, Presiding; Conference-Case Management - Matter Placed Off Calendar

    [+] Read More [-] Read Less
  • 12/12/2017
  • DocketMinute order entered: 2017-12-12 00:00:00; Filed by Clerk

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketComplaint filed-Summons Issued; Filed by PATRICIA YRIGOLLEN (Plaintiff)

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketSummons; Filed by Plaintiff

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketCivil Case Cover Sheet; Filed by PATRICIA YRIGOLLEN (Plaintiff)

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff

    [+] Read More [-] Read Less
  • 07/07/2017
  • DocketNotice-Case Management Conference; Filed by Clerk

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: ****6406    Hearing Date: September 01, 2020    Dept: SEC

YRIGOLLEN v. CRUZ, et al.

CASE NO.: ****6406

HEARING: 10/15/19

[Remote appearances are encouraged and will be given priority.]

CALENDAR MATTER #8

TENTATIVE ORDER

Defendant Cruz’s motion for summary judgment is DENIED.

Opposing Party to give NOTICE.

Cross-Complainant Cruz moves for summary judgment on his Declaratory Relief cause of action.

Complaint

The operative complaint is the First Amended Complaint. Plaintiff Yrigollen alleges that Defendant Jesus Cruz converted his garage for residential use without the proper building permits. Cruz leased the converted garage to Plaintiff, and Plaintiff now seeks reimbursement of her rent and security deposits since the premises was untenantable. The FAC asserts causes of action for:

1. Breach of Contract (v. all Defendants)

2. Breach of Implied Covenants (v. all Defendants)

3. Breach of Contract (v. Llamas and Garcia)

4. Fraud (v. Cruz)

5. Fraud (v. Llamas and Garcia)

6. Unjust Enrichment (v. all Defendants)

7. Detrimental Reliance (v. all Defendants)

8. Quantum Meruit (v. all Defendants)

9. Involuntary and Constructive Trust (v. all Defendants)

Cross-Complainant Cruz filed a Cross-Complaint asserting a single cause of action for Declaratory Relief. Cruz contends that Plaintiff is not entitled to 100% rent abatement but is entitled to abatement of the rent minus the fair market value of the rental unit for a garage.

MSJ

A Plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once met, the burden then shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP ; 437c(p)(1).)

Cross-Complainant Cruz contends that Plaintiff is not entitled to 100% rent abatement but is entitled to abatement of the rent minus the fair market value of the rental unit for a garage.

Declaratory relief operates prospectively, serving to set controversies at rest. If there is a controversy that calls for a declaration of rights, it is no objection that past wrongs are also to be redressed; but there is no basis for declaratory relief where only past wrongs are involved. Hence, where there is an accrued cause of action for an actual breach of contract or other wrongful act, declaratory relief may be denied. (Osseous Technologies of America, Inc. v. Disoveryortho Partners LLC (2010) 191 Cal.App.4th 357, 366.)

Here, Cruz does not submit evidence that there is an ongoing relationship or future obligations between Cruz and Yrigollen and that there is conduct of the parties subject to regulation by the court. Yrigollen’s Complaint seeks breach of contract for past wrongs. Cruz’s Cross-Complaint relates to damages for those same past wrongs.

Further, “when, upon such examination, it appears that the cause of action has already accrued and the only question for determination is the liability or relief for or to which the respective parties are charged, 'the nature of the action is not a cause for declaratory relief but is defined by the subject matter of the accrued cause of action… The superior court has discretion to refuse to render a declaratory judgment when it would not be necessary or proper under all the circumstances. (Travers v. Louden (1967) 254 Cal.App.2d 926, 930-32.)

Here, Yrigollen’s Breach of Contract cause of action has accrued and is still pending in the main action. The issue of rent abatement is an issue regarding the determination and valuation of damages, not the “legal rights and duties” of the parties. Triable issues exist regarding the determination of percentage of damages. Therefore, summary judgment of Cruz’s declaratory relief cause of action is not proper under the circumstances.

Further, Cruz’s request for declaratory relief regarding attorney’s fees is improper and premature. There has been no determination of a prevailing party on the substantive claims. Cruz is essentially seeking an advisory opinion, which this court declines to render at this juncture.

Motion is DENIED.



related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer HONEY ROGER

Latest cases represented by Lawyer BUBION JUSTIN