This case was last updated from Los Angeles County Superior Courts on 08/12/2020 at 00:42:18 (UTC).

ELENA GOFMAN VS ITKIN AND SABADASH, A GENERAL PARTNERSHIP

Case Summary

On 04/19/2019 ELENA GOFMAN filed an Other - Other Judgment lawsuit against ITKIN AND SABADASH, A GENERAL PARTNERSHIP. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1412

  • Filing Date:

    04/19/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Other Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

GOFMAN ELENA

Defendant

ITKIN AND SABADASH A GENERAL PARTNERSHIP

Attorney/Law Firm Details

Plaintiff Attorney

LUBIN LEE DAVID

Defendant Attorney

ATABEK JON

 

Court Documents

Complaint - Complaint

4/19/2019: Complaint - Complaint

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

4/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

12/11/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Minute Order - Minute Order (Status Conference; Hearing on Motion for Judgment on the Plea...)

10/22/2019: Minute Order - Minute Order (Status Conference; Hearing on Motion for Judgment on the Plea...)

Certificate of Mailing for - Certificate of Mailing for (Status Conference; Hearing on Motion for Judgment on the Plea...) of 10/22/2019

10/22/2019: Certificate of Mailing for - Certificate of Mailing for (Status Conference; Hearing on Motion for Judgment on the Plea...) of 10/22/2019

Order (name extension) - Order [PROPOSED] ORDER ON EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTION FOR JUDGMENT ON THE PLEADINGS PER STIPULATION OF PARTIES

9/26/2019: Order (name extension) - Order [PROPOSED] ORDER ON EX PARTE APPLICATION TO ADVANCE HEARING DATE ON MOTION FOR JUDGMENT ON THE PLEADINGS PER STIPULATION OF PARTIES

Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment to a Limited Civil Courtroom) of 07/26/2019

7/26/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment to a Limited Civil Courtroom) of 07/26/2019

Request for Judicial Notice - Request for Judicial Notice

7/17/2019: Request for Judicial Notice - Request for Judicial Notice

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

7/17/2019: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Ex Parte Application (name extension) - Ex Parte Application for Stay or Leave to File Amended Answer

7/18/2019: Ex Parte Application (name extension) - Ex Parte Application for Stay or Leave to File Amended Answer

Minute Order - Minute Order (Hearing on Ex Parte Application for Stay or Leave to File Ame...)

7/18/2019: Minute Order - Minute Order (Hearing on Ex Parte Application for Stay or Leave to File Ame...)

Opposition (name extension) - Opposition TO EX PARTE APPLICATION TO STAY PROCEEDING AND FOR LEAVE TO FILE AMENDED ANSWER; DECLARATIONS OF ELENA GOFMAN AND LEE DAVID LUBIN IN SUPPORT THEREOF

7/18/2019: Opposition (name extension) - Opposition TO EX PARTE APPLICATION TO STAY PROCEEDING AND FOR LEAVE TO FILE AMENDED ANSWER; DECLARATIONS OF ELENA GOFMAN AND LEE DAVID LUBIN IN SUPPORT THEREOF

Minute Order - Minute Order (Court Order re Related Cases)

7/9/2019: Minute Order - Minute Order (Court Order re Related Cases)

Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

6/27/2019: Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

Request for Judicial Notice - Request for Judicial Notice

6/27/2019: Request for Judicial Notice - Request for Judicial Notice

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order Re Assignment) of 06/12/2019

6/12/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order Re Assignment) of 06/12/2019

First Amended Standing Order - First Amended Standing Order

4/19/2019: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

4/19/2019: Summons - Summons on Complaint

23 More Documents Available

 

Docket Entries

  • 08/10/2020
  • DocketMinute Order (Hearing on Motion for Attorney Fees)

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  • 08/10/2020
  • DocketHearing on Motion for Attorney Fees scheduled for 08/10/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/10/2020; Result Type to Held - Motion Denied

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  • 04/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/23/2020
  • DocketReset - Court Unavailable, Hearing on Motion for Attorney Fees scheduled for 06/01/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/10/2020 08:30 AM

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  • 12/12/2019
  • DocketHearing on Motion for Attorney Fees scheduled for 06/01/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/11/2019
  • DocketMotion for Attorney Fees; Filed by: Elena Gofman (Plaintiff)

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  • 12/11/2019
  • DocketMemorandum of Costs (Summary); Filed by: Elena Gofman (Plaintiff); As to: Itkin and Sabadash, a general partnership (Defendant)

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  • 11/07/2019
  • DocketJudgment Proposed Judgment; Filed by: Elena Gofman (Plaintiff); As to: Itkin and Sabadash, a general partnership (Defendant)

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  • 10/22/2019
  • DocketUpdated -- Motion for Judgment on the Pleadings: Filed By: Elena Gofman (Plaintiff); Result: Granted; Result Date: 10/22/2019

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  • 10/22/2019
  • DocketMinute Order (Status Conference; Hearing on Motion for Judgment on the Plea...)

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42 More Docket Entries
  • 06/27/2019
  • DocketRequest for Judicial Notice; Filed by: Elena Gofman (Plaintiff)

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  • 06/12/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 44 - Hon. Edward B. Moreton; Reason: Other

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  • 06/12/2019
  • DocketMinute Order (Court Order Re Assignment)

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  • 06/12/2019
  • DocketCertificate of Mailing for Minute Order (Court Order Re Assignment) of 06/12/2019; Filed by: Clerk

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  • 05/14/2019
  • DocketAnswer; Filed by: Itkin and Sabadash, a general partnership (Defendant); As to: Elena Gofman (Plaintiff)

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  • 04/22/2019
  • DocketCase assigned in ROOM 118 Stanley Mosk Courthouse

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  • 04/19/2019
  • DocketComplaint; Filed by: Elena Gofman (Plaintiff); As to: Itkin and Sabadash, a general partnership (Defendant)

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  • 04/19/2019
  • DocketCivil Case Cover Sheet; Filed by: Elena Gofman (Plaintiff); As to: Itkin and Sabadash, a general partnership (Defendant)

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  • 04/19/2019
  • DocketSummons on Complaint; Issued and Filed by: Elena Gofman (Plaintiff); As to: Itkin and Sabadash, a general partnership (Defendant)

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  • 04/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP01412    Hearing Date: August 10, 2020    Dept: 25

HEARING DATE: Mon., August 10, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Gofman v. Itkin & Sabadash COMPL. FILED: NONE

CASE NUMBER: 19STCP01412 JUDGMENT: 11-07-19

NOTICE: OK

PROCEEDINGS: MOTION FOR AN AWARD OF ATTORNEYS FEES AND COSTS PURSUANT TO CIVIL CODE § 1717

MOVING PARTY: Plaintiff Elena Goffman

RESP. PARTY: None

MOTION FOR ATTORNEY’S FEES

(CCP § 1717)

TENTATIVE RULING:

Plaintiff Elena Goffman’s Motion for an Award of Attorney’s Fees and Costs is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 6, 2020 [ ] Late [X] None

REPLY: None filed as of August 6, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 19, 2019, Plaintiff Elena Goffman filed a complaint for recognition of foreign country judgment under the Uniform Country Money Judgment Recognition Act against Defendant Itkin and Sabadash, a general partnership (“Defendant”). On May 14, 2019, Defendant filed an Answer.

On August 7, 2019, Plaintiff filed a motion for judgment on the pleadings. On October 22, 2019, the Court granted Plaintiff’s motion and ordered her to file a proposed judgment for the Court’s review and approval. (10/22/19 Minute Order.)

On November 7, 2019, the Court entered a Judgment against Defendant “recognizing the Moscow Judgment, entered on September 14, 2018, in the Arbitration Court of the City of Moscow in the name of the Russian Federation” in the amount of $13,130.83. (11/7/19 Judgment.)

On December 11, 2019, Plaintiff filed the instant Motion for an Award of Attorney’s Fees Pursuant to Civil Code § 1717 (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

Code of Civil Procedure section 1719 provides that, to the extent a foreign-country judgment recognized by the State of California “grants the recovery of a sum of money, the foreign-country judgment is both…(a) [c]onclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive [, and] (b) [e]nforceable in the same manner and to the same extent as a judgment rendered in this state.”

Civil Code section 1717 states in pertinent part: “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs.” (Civ. Code, § 1717, subd. (a).) (Emphasis added.)

“A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court . . . must be served and filed within the time for filing a notice of appeal under . . . rules 8.822 and 8.823 in a limited civil case.” (Cal. Rules of Court, Rule 3.1702, subd. (b)(1).) In a limited civil case, a notice of appeal must be filed on or before the earliest of 30 days after service of a document entitled “Notice of Entry” of judgment or 90 days after the entry of judgment. (Cal. Rules of Court, Rule 8.822, subd. (a)(1).)

  1. Discussion

Plaintiff seeks attorney’s fees incurred in attempting to collect on the underlying Moscow Judgment in Russia, in the United Kingdom, and in California based on the parties’ Information Services Agreement (the “Agreement”). (Mot., p. 3:18-28, Gofman Decl., ¶ 2, Exh. A.) The Agreement provides that, “[p]arties are entitled to pursue any and all applicable legal remedies to recover damages incurred due to the actions of the other Party.” (Id.) She argues that the Agreement was made under the laws of Russia, that under Russian law, the losing party in litigation is required to pay the legal fees of the prevailing party, and that a judgment holder is entitled to legal fees incurred in collecting a judgment. (Mot., p. 3:18-28.)

However, as noted above, a prevailing party is entitled to attorney’s fees only when the underlying contract specifically provides for them. (Civ. Code, § 1717, subd. (a).) The parties’ Agreement does not demonstrate the parties specifically provided for attorney’s fees for the enforcement of the contract. (See Mot., Gofman Decl., ¶ 2, Exh. A.) Notably, Plaintiff does not point to a provision in the Agreement that specifically provides for attorney’s fees, and she has not cited any case law demonstrating she is entitled to the fees she seeks.

Because the parties’ Agreement does not specifically provide for the recovery of attorney’s fees, Plaintiff’s Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Elena Goffman’s Motion for an Award of Attorney’s Fees and Costs is DENIED.

Moving party is ordered to give notice.