Law & Motion Calendar

The tentative rulings will become the ruling of the Court unless a party desires to be heard.  If you desire to appear and present oral argument, YOU MUST NOTIFY Judge Pardo’s Judicial Assistant by telephone at (707) 521-6602 and all other opposing parties of your intent to appear, and whether that appearance is in person or via Zoom, no later 4:00 p.m. the court day immediately preceding the day of the hearing.

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1.         24CV02804, Looney v. Fisher, Baker & Farmer, LLC

Plaintiff Gary Looney (“Plaintiff”) moves unopposed against Defendants Fisher, Baker, & Farmer, LLC (doing business as Local Kitchen & Wine Merchant) Jeffrey Handy, individually as personal guarantor for Fisher, Baker, & Farmer, LLC to appoint Landon McPherson as receiver to seize and sell Defendant’s California Liquor License number 502827 to satisfy the $2,755.52 judgment entered October 23, 2024 (the “Judgment”). The unopposed motion is GRANTED pursuant to C.C.P. section 564(b)(3).  

Governing Law

Per C.C.P. section 564(b)(3), a court may appoint a receiver to carry out a judgment entered into effect. The receiver may enforce the judgment where the judgment creditor has shown that, considering the interests of both the judgment creditor and debtor, the appointment of a receiver will reasonably allow the fair and orderly satisfaction of the judgment. (C.C.P. § 708.620.) Specifically, a court can appoint a receiver to transfer the judgment debtor’s interest in an alcoholic beverage license for the purpose of satisfying a judgment. (C.C.P. § 708.630.) 

Application

Plaintiff was unable to enforce this Court’s Judgment and now moves to appoint Mr. McPherson as receiver to take possession of and, if necessary, sell Defendant’s California Liquor License number 502827 to satisfy the outstanding Judgment. (Motion, pp. 2–3.) Defendant’s license is not subject to any security interests except for obligations under California law. (Motion, p. 2.) Plaintiff provided sufficient notice of the motion’s hearing. Defendants have not opposed the motion.

Plaintiff has sufficiently shown that the appointment of Mr. McPherson as receiver is warranted because Defendant has not responded to the complaint, to any post-judgment discovery requests after this Court’s order compelling responses, or to any of Plaintiff’s efforts to enforce the judgment entered. Mr. McPherson is a consultant broker for CAL ABC License Services and specializes in the acquisition and sale of liquor licenses in California with over 15 years of experience in the field.

Conclusion

As Plaintiff has satisfied the minimum requirements for the appointment of a receiver, Plaintiff’s motion is GRANTED. The Court appoints Mr. McPherson as receiver to take possession of and, if necessary, sell Defendant’s California Liquor License number 502827 to satisfy the $2,755.52 Judgment entered October 23, 2024.

Plaintiff shall submit a written order on its motion to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b).

2.         24CV06510, Looney v. Gilbert Huerta Gonzalez

Plaintiff Gary Looney (“Plaintiff”) moves unopposed against Defendant Gilbert Huerta Gonzalez, individually and (doing business as 840 Wine Bar & Cocktail Lounge), to appoint Landon McPherson as receiver to seize and sell Defendant’s California Liquor License number 635075 to satisfy the $4,107.63 judgment entered January 23, 2025 (the “Judgment”). The unopposed motion is GRANTED pursuant to C.C.P. section 564(b)(3).  

Governing Law

Per C.C.P. section 564(b)(3), a court may appoint a receiver to carry out a judgment entered into effect. The receiver may enforce the judgment where the judgment creditor has shown that, considering the interests of both the judgment creditor and debtor, the appointment of a receiver will reasonably allow the fair and orderly satisfaction of the judgment. (C.C.P. § 708.620.) Specifically, a court can appoint a receiver to transfer the judgment debtor’s interest in an alcoholic beverage license for the purpose of satisfying a judgment. (C.C.P. § 708.630.) 

Application

Plaintiff was unable to enforce this Court’s Judgment and now moves to appoint Mr. McPherson as receiver to take possession of and, if necessary, sell Defendant’s California Liquor License number 635075 to satisfy the outstanding Judgment. (Motion, pp. 2–3.) Defendant’s license is not subject to any security interests except for obligations under California law. (Motion, p. 2.) Plaintiff provided sufficient notice of the motion’s hearing. Defendant has not opposed the motion.

Plaintiff has sufficiently shown that the appointment of Mr. McPherson as receiver is warranted because Defendant has not responded to the complaint, to any post-judgment discovery requests after this Court’s order compelling responses, or to any of Plaintiff’s efforts to enforce the judgment entered. Mr. McPherson is a consultant broker for CAL ABC License Services and specializes in the acquisition and sale of liquor licenses in California with over 15 years of experience in the field.

Conclusion

As Plaintiff has satisfied the minimum requirements for the appointment of a receiver, Plaintiff’s motion is GRANTED. The Court appoints Mr. McPherson as receiver to take possession of and, if necessary, sell Defendant’s California Liquor License number 635075 to satisfy the $4,107.63 Judgment and entered January 23, 2025.

Plaintiff shall submit a written order on its motion to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b).

3.         SCV-273542, Ming v. Cottingham

Counsel George W. Wolff requests to be relieved as counsel for Defendant Angel Brothers Lath & Plastering, Inc. due to a breakdown in the attorney-client relationship. The Court previously continued this matter to allow counsel to correct signature errors on his forms (MC-051 and MC-052).

The Court is inclined to grant the motion. However, Counsel filed a corrected Form MC-052 (Declaration in Support of Attorney’s Motion to be Relieved as Counsel) but did not file a corrected Form MC-051 (Notice of Motion to be Relieved as Counsel). If counsel Wolff files a corrected Form MC-051 with a legible signature before the April 24th hearing at 3:00 p.m., the Court will GRANT the motion and sign the proposed order lodged on October 28, 2025. If counsel fails to file a corrected Form MC-051 before the April 24th hearing, the Court will DENY the motion and STRIKE Form MC-051 (Notice of Motion and Motion to be Relieved as Counsel) filed on October 28, 2025, pursuant to C.C.P. section 128.7(a).

**This is the end of the Tentative Rulings.***