This case was last updated from Los Angeles County Superior Courts on 10/04/2020 at 10:17:33 (UTC).

ALEJO MENDEZ VS GEORGE BARDEKJIAN

Case Summary

On 02/05/2019 ALEJO MENDEZ filed a Civil Right - Other Civil Right lawsuit against GEORGE BARDEKJIAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1184

  • Filing Date:

    02/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

MENDEZ ALEJO

Defendants

BARDEKJIAN GEORGE

KAZAZIAN AS TRUSTEE OF THE 2007 KAZAZIAN FAMILY REVOCABLE LIVING TRUST KEROP

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

15720 Ventura Blvd. Suite 228

Encino, CA 91436

Defendant Attorney

MANOUKIAN NIGOL

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

11/20/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/14/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Opposition (name extension) - Opposition to Motion to Compel Responses

3/18/2020: Opposition (name extension) - Opposition to Motion to Compel Responses

Notice (name extension) - Notice to Attend Trial

4/9/2020: Notice (name extension) - Notice to Attend Trial

Notice (name extension) - Notice to Attend Trial

4/23/2020: Notice (name extension) - Notice to Attend Trial

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

7/7/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Declaration (name extension) - Declaration of Reginald Carlton

7/14/2020: Declaration (name extension) - Declaration of Reginald Carlton

Minute Order - Minute Order (Ruling on Submitted Matter)

7/17/2020: Minute Order - Minute Order (Ruling on Submitted Matter)

Notice (name extension) - Notice of Entry of Judgment or Order

7/31/2020: Notice (name extension) - Notice of Entry of Judgment or Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/2/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Judgment - Judgment - Default Judgment By Court - Before Trial - 06/03/2019 entered for Plaintiff Alejo Mendez against Defendant George Bardekjian as Trustee of the Bardekjian Family Revocable Trust.

6/3/2019: Judgment - Judgment - Default Judgment By Court - Before Trial - 06/03/2019 entered for Plaintiff Alejo Mendez against Defendant George Bardekjian as Trustee of the Bardekjian Family Revocable Trust.

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

6/13/2019: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Proof of Personal Service - Proof of Personal Service

4/29/2019: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

4/29/2019: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

4/29/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Answer - Answer

5/15/2019: Answer - Answer

First Amended Standing Order - First Amended Standing Order

2/5/2019: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

2/5/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

21 More Documents Available

 

Docket Entries

  • 03/01/2021
  • Hearing03/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/31/2020
  • DocketNotice of Entry of Judgment or Order; Filed by: Alejo Mendez (Plaintiff); As to: George Bardekjian (Defendant)

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  • 07/17/2020
  • DocketCertificate of Mailing for (Ruling on Submitted Matter) of 07/17/2020; Filed by: Clerk

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  • 07/17/2020
  • DocketMinute Order (Ruling on Submitted Matter)

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  • 07/14/2020
  • DocketDeclaration of Reginald Carlton; Filed by: Alejo Mendez (Plaintiff)

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  • 07/07/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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  • 07/07/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 07/07/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/07/2020; Result Type to Held - Taken under Submission

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  • 06/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 06/04/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 08/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 03/01/2021 08:30 AM

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  • 05/05/2020
  • DocketProof of Personal Service; Filed by: Alejo Mendez (Plaintiff); As to: Kerop Kazazian as Trustee of the 2007 Kazazian Family Revocable Living Trust (Defendant); Service Date: 04/02/2020; Service Cost: 100.00; Service Cost Waived: No

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35 More Docket Entries
  • 02/05/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk

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  • 02/05/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/05/2019
  • DocketRequest to Waive Court Fees; Filed by: Alejo Mendez (Plaintiff)

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  • 02/05/2019
  • DocketSummons on Complaint; Issued and Filed by: Alejo Mendez (Plaintiff); As to: George Bardekjian (Defendant)

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  • 02/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Alejo Mendez (Plaintiff); As to: George Bardekjian (Defendant)

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  • 02/05/2019
  • DocketComplaint; Filed by: Alejo Mendez (Plaintiff); As to: George Bardekjian (Defendant)

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  • 02/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketNon-Jury Trial scheduled for 08/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC01184    Hearing Date: July 07, 2020    Dept: 26

Mendez v. Bardekjian, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Alejo Mendez’s Motion Compelling Defendant George Bardekjian as Trustee of the Bardekjian Family Revocable Trust To Respond To Special Interrogatories, Set One, and for Monetary Sanctions is DEEMED MOOT AS TO THE RESPONSES AND GRANTED AS TO THE SANCTIONS. DEFENDANT AND DEFENSE COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $950.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Alejo Mendez (“Plaintiff”) propounded Special Interrogatories, Set One, on Defendant George Bardekjian as Trustee of the Bardekjian Family Revocable Trust (“Defendant”) on November 22, 2019. (Motion, Mehrban Decl., Exh. A.) Following Defendant’s failure to provide timely responses, Plaintiff extended the deadline to respond to January 10, 2020. (Opp., Manoukian Decl., Exh. A.) Thereafter, Plaintiff’s counsel did not respond to defense counsel’s requests for further extensions of the time to respond. (Id. at Exhs. B-C.) Plaintiff filed the instant Motion on January 14, 2020. Defendant filed an opposition on March 18, 2020.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendant to serve verified responses without objections. It appears that on March 17, 2020, Defendant served verified responses without objection. (Opp., Exh. E.) Unless Plaintiff contends those responses are inadequate, the request to compel responses is moot.

hr However, Defendant’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030, and have been properly noticed. Pursuant to a lodestar calculation, the request for sanctions is granted against Defendant and counsel of record in the amount of $475.00 based on one hour of attorney time billed at $475.00 an hour. (Motion, Mehrban Decl., ¶5.) The sanctions are to be paid within 30 days this order.

Plaintiff Alejo Mendez’s Motion Compelling Defendant George Bardekjian as Trustee of the Bardekjian Family Revocable Trust To Respond To Special Interrogatories, Set One, and for Monetary Sanctions is DEEMED MOOT AS TO THE RESPONSES AND GRANTED AS TO THE SANCTIONS. DEFENDANT AND DEFENSE COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $475.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC01184    Hearing Date: November 20, 2019    Dept: 94

Mendez v. Bardekjian et al.

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473, subd. (b))

TENTATIVE RULING:

Defendant George Bardekjian’s Motion to Set Aside Default Judgment is GRANTED.

ANALYSIS:

Plaintiff Alejo Mendez (“Plaintiff”) sues Defendant George Bardekjian, as trustee of the Bardekjian Family Revocable Trust, (“Defendant”) for damages arising from Defendant’s alleged violation of the Unruh Civil Rights Act in failing to maintain his parking lot with a van-accessible handicap parking spot and adjacent aisle. On February 15, 2019, Plaintiff initiated this action asserting a sole cause of action for violation of the Unruh Civil Rights Act (Civil Code Section 51). Default was entered against Defendant on April 29, 2019, and a default judgment was entered against him on June 3, 2019. On May 15, 2019, Defendant filed an answer to the complaint.

On August 29, 2019, Defendant filed a Motion to Vacate Default Judgment (the “Motion”) under Code of Civil Procedure section 473, subdivision (b). The court is not in receipt of any opposition.

The matter was originally set for hearing on October 9, 2019. On October 2, 2019, the court continued the hearing to November 20, 2019.

Code of Civil Procedure, section 473, subdivision (b) provides that an application for relief must be made no more than six months after entry of the order from which relief is sought, and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) “Under this [attorney affidavit] provision, a party is relieved from the consequences of his or her attorney’s mistake, inadvertence, surprise, or neglect. Relief is available regardless of whether the attorney’s neglect is excusable. [Citations.] Moreover, if the requirements of this provision are met, then relief is mandatory.” (Lorenz v. Commercial Acceptance Ins. Co. (1995) 40 Cal.App.4th 981, 989.)

The instant motion was timely brought less than six months after judgment was entered on June 3, 2019. It is also supported by the declaration of Defendant’s attorney, Nigol Manoukian (“Manoukian”), who states that although he made efforts to reach Plaintiff’s counsel in April 2019, but he ultimately failed to timely file an answer to Plaintiff’s complaint, for which he assumes full responsibility. (Motion, Manoukian Decl., ¶¶ 6-8.)

As the motion is timely and accompanied by an attorney affidavit of fault, Defendant is entitled to relief from default and default judgment. The April 29, 2019 default and June 3, 2019 default judgment are vacated.

Moving party to give notice.