This case was last updated from Los Angeles County Superior Courts on 10/12/2021 at 01:29:39 (UTC).

ERNEST S. GOULD VS ROUHOLLAH SAFARI, ET AL.

Case Summary

On 11/25/2020 ERNEST S GOULD filed a Contract - Other Contract lawsuit against ROUHOLLAH SAFARI. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9883

  • Filing Date:

    11/25/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GOULD ERNEST S.

Defendants

SAFARIAN RUGS INC.

MALEKI PARVIZ

SAFARI HASHEM

SAFARI ROUHOLLAH AKA ROY SAFARI

SAFARIAN CARPET CLEANING INC.

Attorney/Law Firm Details

Plaintiff Attorneys

KALAJIAN JOHN MARTIN

KALAJIAN JOHN MARTIN ESQ.

Defendant Attorneys

NADER NADER AARON ESQ.

NADER NADER A

 

Court Documents

Notice of Ruling - Notice of Ruling

10/6/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion for Trial Preference Pursuant to CCP Sectio...)

10/6/2021: Minute Order - Minute Order (Hearing on Motion for Trial Preference Pursuant to CCP Sectio...)

Notice (name extension) - Notice of continued motion hearing date

9/3/2021: Notice (name extension) - Notice of continued motion hearing date

Motion for Trial Preference - Motion for Trial Preference

8/20/2021: Motion for Trial Preference - Motion for Trial Preference

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

8/30/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

7/7/2021: Request for Dismissal - Request for Dismissal

Answer - Answer

1/19/2021: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

11/25/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

11/25/2020: Summons - Summons on Complaint

Complaint - Complaint

11/25/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

11/25/2020: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11/25/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 11/29/2023
  • Hearing11/29/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/09/2021
  • Hearing12/09/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/06/2021
  • DocketUpdated -- Motion for Trial Preference Pursuant to CCP Section 36: Filed By: ERNEST S. GOULD (Plaintiff); Result: Granted; Result Date: 10/06/2021

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  • 10/06/2021
  • DocketNon-Jury Trial scheduled for 12/09/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/06/2021
  • DocketNotice of Ruling; Filed by: ERNEST S. GOULD (Plaintiff)

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  • 10/06/2021
  • DocketMinute Order (Hearing on Motion for Trial Preference Pursuant to CCP Sectio...)

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  • 10/06/2021
  • DocketHearing on Motion for Trial Preference Pursuant to CCP 36, Filed by the Plaintiff scheduled for 10/06/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/06/2021; Result Type to Held - Motion Granted

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  • 10/06/2021
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 05/25/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Party's Motion was rescheduled to 12/09/2021 08:30 AM

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  • 10/04/2021
  • DocketUpdated -- Motion for Trial Preference Pursuant to CCP Section 36: Name Extension: Pursuant to CCP Section 36; As To Parties changed from SAFARIAN CARPET CLEANING, INC. (Defendant), HASHEM SAFARI (Defendant), SAFARIAN RUGS, INC. (Defendant), ROUHOLLAH SAFARI (Defendant) to SAFARIAN CARPET CLEANING, INC. (Defendant), HASHEM SAFARI (Defendant), SAFARIAN RUGS, INC. (Defendant), ROUHOLLAH SAFARI (Defendant)

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  • 10/04/2021
  • DocketUpdated -- Nader Aaron Nader, Esq. (Attorney): Name Suffix: Esq. Middle Name changed from A to Aaron

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7 More Docket Entries
  • 07/07/2021
  • DocketOn the Complaint filed by ERNEST S. GOULD on 11/25/2020, entered Request for Dismissal without prejudice filed by ERNEST S. GOULD as to PARVIZ MALEKI

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  • 01/19/2021
  • DocketAnswer; Filed by: ROUHOLLAH SAFARI (Defendant); PARVIZ MALEKI (Defendant); HASHEM SAFARI (Defendant); SAFARIAN CARPET CLEANING, INC. (Defendant); As to: ERNEST S. GOULD (Plaintiff)

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  • 11/25/2020
  • DocketComplaint; Filed by: ERNEST S. GOULD (Plaintiff); As to: ROUHOLLAH SAFARI (Defendant); PARVIZ MALEKI (Defendant); HASHEM SAFARI (Defendant) et al.

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  • 11/25/2020
  • DocketSummons on Complaint; Issued and Filed by: ERNEST S. GOULD (Plaintiff); As to: ROUHOLLAH SAFARI (Defendant); PARVIZ MALEKI (Defendant); HASHEM SAFARI (Defendant) et al.

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  • 11/25/2020
  • DocketCivil Case Cover Sheet; Filed by: ERNEST S. GOULD (Plaintiff); As to: ROUHOLLAH SAFARI (Defendant); PARVIZ MALEKI (Defendant); HASHEM SAFARI (Defendant) et al.

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  • 11/25/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/25/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/25/2020
  • DocketNon-Jury Trial scheduled for 05/25/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/25/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/29/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/25/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b"

Case Number: 20STLC09883 Hearing Date: October 6, 2021 Dept: 26

PROCEEDINGS:\r\n MOTION FOR TRIAL PREFERENCE

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MOVING\r\nPARTY: Plaintiff Ernest S. Gould

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RESP.\r\nPARTY: None

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MOTION\r\nFOR TRIAL PREFERENCE

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(CCP § 36(a))

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TENTATIVE RULING:

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Plaintiff Ernest S. Gould’s\r\nMotion for Trial Preference is GRANTED. THE MAY 25, 2022 TRIAL DATE IS ADVANCED\r\nTO DECEMBER 9, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET\r\nCOURTHOUSE.

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SERVICE OF MOTION:

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[X] Proof\r\nof Service Timely Filed (CRC 3.1300) OK\r\n

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[X]\r\nCorrect Address (CCP 1013, 1013a) OK

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[X] 16/21\r\nDay Lapse (CCP 12c and 1005 (b)) OK

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SUMMARY OF COMPLAINT: Action for breach of lease\r\nagreement and related claims.

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REQUEST FOR RELIEF: Advance the trial date in this action based\r\non Plaintiff’s advanced age and numerous health conditions.

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OPPOSITION: None filed as\r\nof October 1, 2021.

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REPLY: None filed as of October 1, 2021.

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ANALYSIS:

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On November 25,\r\n2020, Plaintiff Ernest S. Gould (“Plaintiff”)\r\nfiled the Complaint in this action for breach of lease agreement and related claims against Defendants Rouhollah Safari Aka Roy Safari,\r\nHashem Safari, Safarian Rugs, Inc. and Safarian Carpet Cleaning Inc. (“Defendants”).\r\n

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Plaintiff filed the instant Motion for Trial\r\nPreference on August 20, 2021. No opposition has been filed to date.

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Discussion

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The Motion is brought pursuant to Code of\r\nCivil Procedure section 36, subdivision (a), which states in relevant part:

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(a) A party to a civil action who is over 70\r\nyears of age may petition the court for a preference, which the court shall\r\ngrant if the court makes both of the following findings:

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(1)\r\nThe party has a substantial interest in the action as a whole.

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(2) The health of the party is such that a\r\npreference is necessary to prevent prejudicing the party's interest in the\r\nlitigation.

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(Code Civ. Proc., § 36, subd. (a).) Trial is\r\ncurrently scheduled for May 25, 2022. It\r\nis undisputed the Plaintiff is over 70 years old; in fact he is 82 years old.\r\n(Motion, Kalajian Decl., ¶6.) As the only plaintiff in this action, the Court\r\nfinds that he has a substantial interest in this action.

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In order to demonstrate that the health of\r\nthe party is such that preference is necessary to prevent prejudice, the moving\r\nparty’s attorney may submit an affidavit “based upon information and belief as\r\nto the medical diagnosis and prognosis of any party.” (Code Civ. Proc., § 36.5.) Plaintiff’s counsel submits a declaration\r\nattesting that Plaintiff suffers from a variety of ailments, including a heart\r\ncondition, emphysema, low blood pressure, and Parkinson’s disease. (Id.\r\nat ¶7.) Parkinson’s disease affects Plaintiff’s balance, gait and fine motor\r\nskills. (Ibid.) In July 2021, Plaintiff was hospitalized with acute\r\nParkinson’s symptoms, then again later that month after a fall. (Ibid.)\r\nPlaintiff was hospitalized for a second fall in August 2021, which was also the\r\nresult of Parkinson’s disease. (Ibid.) Parkinson’s is a lifelong and\r\nprogressive disease. (Id. at ¶8.)

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The above evidence demonstrates\r\nthe need for trial preference in this action based on Plaintiff’s advanced age\r\nand chronic and progressive health conditions. Defendants have not opposed the\r\nMotion.

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Conclusion

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Plaintiff Ernest S. Gould’s\r\nMotion for Trial Preference is GRANTED. THE MAY 25, 2022 TRIAL DATE IS ADVANCED\r\nTO DECEMBER 9, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET\r\nCOURTHOUSE.

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Moving party to give notice.

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