This case was last updated from Los Angeles County Superior Courts on 10/28/2020 at 06:02:29 (UTC).

ILKA K. AVRAMOV, AS TRUSTEE OF THE ILKA K. AVRAMOV & BOGIDAR V. AVRAMOV REVOCABLE FAMILY TRUST VS TRUSTED HANDS HOME HEALTH INC., ET AL.

Case Summary

On 01/13/2020 ILKA K AVRAMOV, AS TRUSTEE OF THE ILKA K AVRAMOV BOGIDAR filed a Contract - Other Contract lawsuit against AVRAMOV REVOCABLE FAMILY TRUST. 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:

    *******0332

  • Filing Date:

    01/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs and Cross Defendants

ILKA K. AVRAMOV AS TRUSTEE OF THE ILKA K. AVRAMOV & BOGIDAR V. AVRAMOV REVOCABLE FAMILY TRUST

VII COMMERCIAL CORPORATION

NATHANSON TODD

Defendants and Cross Plaintiffs

YENGIBARYAN ARMINE

TRUSTED HANDS HOME HEALTH INC.

VII COMMERCIAL CORPORATION A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

APOLLO ADAM MICHAEL

APOLLO ADAM

Defendant and Cross Plaintiff Attorney

BOULGOURJIAN RAFFY

 

Court Documents

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

10/13/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Amended Cross-Complaint - 1st Amended Cross-Complaint

9/21/2020: Amended Cross-Complaint - 1st Amended Cross-Complaint

Request for Judicial Notice - Request for Judicial Notice

8/20/2020: Request for Judicial Notice - Request for Judicial Notice

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike to the Cross-C...)

8/27/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike to the Cross-C...)

Notice of Ruling - Notice of Ruling

8/28/2020: Notice of Ruling - Notice of Ruling

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

5/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

Minute Order - Minute Order (Court Order)

5/12/2020: Minute Order - Minute Order (Court Order)

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

5/1/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

5/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration (name extension) - Declaration RE: INABILITY TO MEET AND CONFER AND STATUTORY 30 DAY EXTENSION TO RESPOND TO CROSSCOMPLAINT PURSUANT TO CCP 430.41

4/3/2020: Declaration (name extension) - Declaration RE: INABILITY TO MEET AND CONFER AND STATUTORY 30 DAY EXTENSION TO RESPOND TO CROSSCOMPLAINT PURSUANT TO CCP 430.41

Summons - Summons on Complaint

4/3/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

4/2/2020: Cross-Complaint - Cross-Complaint

Answer - Answer

2/28/2020: Answer - Answer

Summons - Summons on Complaint

1/13/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

1/13/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

1/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

1/13/2020: Complaint - Complaint

9 More Documents Available

 

Docket Entries

  • 01/17/2023
  • Hearing01/17/2023 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

    Read MoreRead Less
  • 07/12/2021
  • Hearing07/12/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 01/25/2021
  • Hearing01/25/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

    Read MoreRead Less
  • 10/14/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 01/25/2021 at 10:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 10/14/2020
  • DocketUpdated -- Adam Michael Apollo (Attorney): Middle Name: Michael

    Read MoreRead Less
  • 10/13/2020
  • DocketDemurrer - without Motion to Strike; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); Todd Nathanson (Cross-Defendant); VII Commercial Corporation, a California Corporation (Defendant)

    Read MoreRead Less
  • 09/21/2020
  • Docket1st Amended Cross-Complaint; Filed by: Trusted Hands Home Health Inc. (Cross-Complainant); Armine Yengibaryan (Cross-Complainant); As to: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Cross-Defendant); VII Commercial Corporation (Cross-Defendant); Todd Nathanson (Cross-Defendant)

    Read MoreRead Less
  • 08/28/2020
  • DocketNotice of Ruling; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff)

    Read MoreRead Less
  • 08/27/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike to the Cross-C...)

    Read MoreRead Less
  • 08/27/2020
  • DocketHearing on Demurrer - without Motion to Strike to the Cross-Complainant's Complaint scheduled for 08/27/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/27/2020; Result Type to Held

    Read MoreRead Less
12 More Docket Entries
  • 04/02/2020
  • DocketCross-Complaint; Filed by: Trusted Hands Home Health Inc. (Defendant); As to: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff)

    Read MoreRead Less
  • 02/28/2020
  • DocketAnswer; Filed by: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant); As to: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff)

    Read MoreRead Less
  • 01/13/2020
  • DocketNon-Jury Trial scheduled for 07/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 01/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 01/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); As to: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant)

    Read MoreRead Less
  • 01/13/2020
  • DocketComplaint; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); As to: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant)

    Read MoreRead Less
  • 01/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust (Plaintiff); As to: Trusted Hands Home Health Inc. (Defendant); Armine Yengibaryan (Defendant)

    Read MoreRead Less
  • 01/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 01/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 01/13/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC00332    Hearing Date: August 27, 2020    Dept: 26

Avramov v. Trusted Hands Home Health Inc., et al

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson is SUSTAINED AS TO THE FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT WITH 20 DAYS’ LEAVE TO AMEND; SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION FOR DECLARATORY RELIEF.

ANALYSIS:

On January 13, 2020, Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust filed the instant action against Trusted Hands Home Health Inc. and Armine Yengibaryan. On April 2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter “Cross-Defendants”).

On May 1, 2020, Cross-Defendants filed the instant Demurrer to the Cross-Complaint. Cross-Complainants filed an opposition on August 13, 2020 and Cross-Defendants replied on August 20, 2020.

Discussion

The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Apollo Decl., filed 04/03/20, ¶3.) Cross-Defendants demur to the Cross-Complaint for failure to allege sufficient facts to state a cause of action (Code Civ. Proc., § 430.10, subd. (e)).

The Cross-Complaint alleges causes of action for (1) breach of contract; and (2) declaratory relief. Specifically, the Cross-Complaint alleges that the parties entered into a lease agreement (“the Lease”), and that despite Cross-Complainants’ performance of all obligations, Cross-Defendants materially breached the Lease by failing to account for $6,000.00 in rent paid. (Cross-Compl., ¶¶10-12.) As a result, Cross-Complainants have allegedly been damaged in the amount of $6,000.00 they overpaid in rent. (Id. at ¶13.) The Cross-Complaint also alleges that a controversy has arisen between the parties regarding their rights and obligations under the Lease. (Id. at ¶¶14-15.)

1st Cause of Action for Breach of Contract

Cross-Defendants VII Commercial Corporation and Nathanson argue that the Lease, which is attached to the Cross-Complaint, does not show they are parties to the agreement. Therefore, the demurrer argues Cross-Complainants have not alleged the existence of any agreement involving Cross-Defendants VII Commercial Corporation and Nathanson.

The Cross-Complaint does not state a cause of action for breach of contract against Cross-Defendants VII Commercial Corporation and Nathanson. The Cross-Complaint itself does not allege facts showing the existence of an agreement to which Cross-Defendants VII Commercial Corporation and Nathanson are a party. Rather, it alleges that “Cross-Defendant Ilka Abramov, by and through her duly authorized managers, VII Commercial Corporation and Nathanson; entered into a lease that is attached to the Complaint . . . .” (Cross-Compl., ¶¶4, 10.) These allegations comport with the language of the Lease itself. (Compl., Exh. 1.) As the Lease is referenced in the Cross-Complaint it is incorporated by reference in the pleadings and the Court may consider its contents on demurrer.

Cross-Complainants, therefore, clearly allege that Cross-Defendants VII Commercial Corporation and Nathanson signed the lease in their representative capacity on behalf of “Ilka Abramov.” “Abramov” is presumable a typographically error and should refer to “Ilka K. Avramov.” No facts are alleged that would show the Lease obligations extend to the Cross-Defendants VII Commercial Corporation and Nathanson.

Cross-Complainants cite to Civil Code section 2343 for the proposition that an agent can be liable in principal when his or her acts are wrongful. (Civ. Code, § 2343, subd. (1).) The full language of the statute, however, is as follows:

Agent's responsibility to third persons. One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:

1. When, with his consent, credit is given to him personally in a transaction;

2. When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or,

3. When his acts are wrongful in their nature.

(Civ. Code, § 2343.) Only the first two paragraphs apply to contractual obligations, whereas the third applies to tortous conduct. (See Bayuk v. Edson (1965) 236 Cal.App.2d 309, 320.) There are no facts alleged to show Cross-Defendants VII Commercial Corporation and Nathanson were personally credited in the Lease or entered into the Lease without good faith authority.

The demurrer also argues the Cross-Complaint fails to allege damages because despite overpayment of rent, Cross-Complainants were previously in arrears on rent and the $6,000.00 did not create a surplus. Cross-Complainants contend this is demonstrated by the judgment in an unlawful detainer action between the parties, which bars this action under the doctrine of collateral estoppel. The Court grants Cross-Complainants’ Request for Judicial Notice of the judgment in Avramov v. Trusted Hands Home Health, Inc., et al., LASC Case No. 19VEUD02318 (“the Unlawful Detainer judgment”). (Cal. Evid. Code, § 452, subd. (d).)

"Collateral estoppel, or issue preclusion, ‘precludes relitigation of issues argued and decided in prior proceedings.’ [Citation.]” (Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82 (Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896).) The judgment in the Unlawful Detainer action determined the amount of rent owed Cross-Defendant and any claim to overpaid rent should have been resolved at that time. While it is not clear from the Unlawful Detainer judgment that the issue of overpayment was argued on the merits and finally determined, in light of the existence of the Unlawful Detainer action, Cross-Complainants must allege that the issue of overpayment of rent was not resolved. Cross-Complainants’ reliance on Civil Code section 1952, subdivision (b) is also not persuasive; that statute creates an exception for lessors to bring a separate action for unpaid rent. (Civ. Code, § 1952, subd. (b).) There is no authority that holds this exception applies to tenants like Cross-Complainants seeking to recover allegedly overpaid rent.

The demurrer to the first cause of action for breach of contract is sustained with leave to amend.

2nd Cause of Action for Declaratory Relief

The second cause of action for declaratory relief fails to allege any facts beyond the existence of a dispute regarding the parties’ obligations under the Lease. (Cross-Compl., ¶¶13-14.) A cause of action for declaratory relief must specifically allege that an actual, present controversy exists and the facts of the respective claims concerning the disputed subject matter. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 79.) Importantly, a declaratory relief claim should not be used to determine issues that are already engaged by other causes of action. (Hood v. Superior Court (1995) 33 Cal.App.4th 319, 324.)

Here, the declaratory relief cause of action improperly seeks an adjudication of the issues raise in the cause of action for breach of contract. Therefore, the demurrer to the second cause of action for declaratory relief is sustained without leave to amend.

Conclusion

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson is SUSTAINED AS TO THE FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT WITH 20 DAYS’ LEAVE TO AMEND; SUSTAINED WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION FOR DECLARATORY RELIEF.

Moving party to give notice.