This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 04:35:33 (UTC).

THEODORE MORGA VS. SABRINA RODRIGUEZ

Case Summary

On 01/03/2017 THEODORE MORGA filed a Contract - Other Contract lawsuit against SABRINA RODRIGUEZ. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER, MARGARET MILLER BERNAL and BRIAN F. GASDIA. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6039

  • Filing Date:

    01/03/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LORI ANN FOURNIER

MARGARET MILLER BERNAL

BRIAN F. GASDIA

 

Party Details

Plaintiff

MORGA THEODORE

Defendant

RODRIGUEZ SABRINA

Intervenor

CALIBER HOME LOANS INC.

Attorney/Law Firm Details

Plaintiff Attorneys

CONFORTI & CARRAS PC

OPDAHL NEIL E

Defendant Attorney

PACHECO GEORGE B.

Intervenor Attorney

BARRETT DAFFIN FRAPPIER FREDER & WEISS

 

Court Documents

Unknown

1/3/2017: Unknown

Civil Case Cover Sheet

1/3/2017: Civil Case Cover Sheet

Summons

1/3/2017: Summons

Notice of Case Management Conference

1/3/2017: Notice of Case Management Conference

Unknown

1/31/2017: Unknown

Answer

2/15/2017: Answer

Unknown

2/15/2017: Unknown

Proof of Service (not Summons and Complaint)

2/15/2017: Proof of Service (not Summons and Complaint)

Summons

2/15/2017: Summons

Notice of Lis Pendens

3/13/2017: Notice of Lis Pendens

Unknown

3/16/2017: Unknown

Substitution of Attorney

3/29/2017: Substitution of Attorney

Proof of Service (not Summons and Complaint)

5/24/2017: Proof of Service (not Summons and Complaint)

Case Management Statement

5/24/2017: Case Management Statement

Case Management Statement

5/30/2017: Case Management Statement

Minute Order

6/8/2017: Minute Order

Minute Order

8/16/2017: Minute Order

Minute Order

10/25/2017: Minute Order

51 More Documents Available

 

Docket Entries

  • 05/14/2019
  • at 09:30 AM in Department F, Margaret Miller Bernal, Presiding; Non-Jury Trial - Not Held - Continued - Stipulation

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  • 05/14/2019
  • Minute Order ( (Non-Jury Trial)); Filed by Clerk

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  • 05/14/2019
  • Stipulation and Order (to Continue Trial); Filed by SABRINA RODRIGUEZ (Defendant)

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  • 02/26/2019
  • at 1:30 PM in Department C; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 12/05/2018
  • at 1:30 PM in Department C; Ruling on Submitted Matter

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  • 12/05/2018
  • Minute Order ((Ruling on Submitted Matter: HEARING DATE OF 11/08/18;)); Filed by Clerk

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  • 12/05/2018
  • Certificate of Mailing for (Minute Order (Ruling on Submitted Matter: HEARING DATE OF 11/08/18;) of 12/05/2018 and Order dated 12/05/18); Filed by Clerk

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  • 12/05/2018
  • Order (re: ruling on submitted matter of 11/08/18); Filed by Clerk

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  • 12/04/2018
  • at 09:30 AM in Department F, Margaret Miller Bernal, Presiding; Non-Jury Trial - Not Held - Continued - Party's Motion

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  • 11/30/2018
  • at 1:30 PM in Department F, Margaret Miller Bernal, Presiding; Ex-Parte Proceedings

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110 More Docket Entries
  • 02/15/2017
  • Proof of Service (BY MAIL ); Filed by Atty for Defendant and Cross-Compl

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  • 01/31/2017
  • Rtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 01/16/17 Declaration of Diligence and Proof of Service by Mail attached ); Filed by Attorney for Plaintiff

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  • 01/31/2017
  • Rtn of Service of Summons & Compl; Filed by THEODORE MORGA (Plaintiff)

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  • 01/03/2017
  • Notice-Case Management Conference; Filed by Clerk

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  • 01/03/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 01/03/2017
  • Summons; Filed by Plaintiff

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  • 01/03/2017
  • Complaint filed-Summons Issued; Filed by THEODORE MORGA (Plaintiff)

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  • 01/03/2017
  • Summons Filed; Filed by Plaintiff, & Plaintiff in Pro Per

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  • 01/03/2017
  • Complaint filed-Summons Issued; Filed by Plaintiff, & Plaintiff in Pro Per

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  • 01/03/2017
  • Civil Case Cover Sheet; Filed by THEODORE MORGA (Plaintiff)

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Tentative Rulings

Case Number: VC066039    Hearing Date: July 02, 2020    Dept: SEC

MORGA v. RODRIGUEZ

CASE NO.: VC066039

HEARING: 07/02/2020

#8

TENTATIVE ORDER

Defendant/Cross-Complainant SABRINA RODRIGUEZ’s motion for summary judgment as to the Complaint is GRANTED. Defendant/Cross-Complainant SABRINA RODRIGUEZ’s motion for summary judgment as to the Cross-Complaint is GRANTED. CCP § 437c.

Moving Party to give notice.

This action for breach of contract was filed by Plaintiff THEODORE MORGA on January 3, 2017.

Defendant/Cross-Complainant SABRINA RODRIGUEZ (“Defendant”) moves for summary judgment in her favor as to: (1) Plaintiff’s Complaint; and (2) Defendant’s Cross-Complaint.

Plaintiff’s Complaint asserts one sole cause of action for breach of contract. Defendant’s Cross-Complaint asserts three causes of action for quiet title; declaratory relief; and partition.

A “deemed admitted” order establishes that a nonresponding party has responded to the propounding party’s requests for admissions by admitting the truth of all matters contained therein. (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.) Party admissions are given “an unusual deference in summary judgment proceedings. An admission is binding unless there is a credible explanation for the inconsistent positions taken by a party. [Citations.]” (FPI Development Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 396.) When an admission against a party’s own interest “becomes relevant to the determination, on motion for summary judgment, of whether or not there exist triable issues of fact between the parties, it is entitled to and should receive a kind of deference not normally accorded evidentiary allegations in affidavits.” (D’Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 22.)

In the case at bar, on October 11, 2018, this Court GRANTED Defendant’s unopposed Motion to Deem Matters in Requests for Admissions propounded on Plaintiff Admitted. Thus, Plaintiff has admitted that:

1. Defendant placed a down payment towards the purchase price of the 12032 South Circle Drive, Whittier, California 90601 property (“Subject Property”)

2. Defendant and Plaintiff jointly paid the mortgage, taxes, and insurance of the Subject Property.

3. Defendant owns 50% of the Subject Property in fee simple.

4. Defendant does not owe Plaintiff $21,000.00.

5. Plaintiff never transferred title of his Nissan 370Z to Defendant.

6. Defendant never used Plaintiff’s personal credit cards for her personal use.

7. Plaintiff and Defendant agreed that Defendant would later be added on title to the Subject Property.

Based on the deemed admissions, Plaintiff has no evidence in support of the required elements of his cause of action for breach of contract, or to rebut Defendant’s claims for quiet title, declaratory relief, and partition—these causes of action “have no merit” because the required elements cannot be established. (See CCP §437c(f)(1).) As a matter of law, every required element of these causes of action have been negated, requiring that summary judgment be granted in favor of Defendant. (Guz v. Bechtel Nat’l Inc. (2000) 24 Cal.4th 317, 334.)

Plaintiff’s cause of action for breach of contract fails, and Defendant prevails on her claims for quiet title; declaratory relief; and partition. Accordingly, Defendant’s Motion for Summary Judgment as to the Complaint is GRANTED, and Defendant’s Motion for Summary Judgment as to the Cross-Complaint is GRANTED.

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