This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 19:14:17 (UTC).

OLD REPUBLIC SURETY COMPANY VS MICHAEL FRANK AULERT, ET AL.

Case Summary

On 03/05/2018 a Contract - Other Contract case was filed by OLD REPUBLIC SURETY COMPANY against MICHAEL FRANK AULERT in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3669

  • Filing Date:

    03/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

OLD REPUBLIC SURETY COMPANY

Defendants

SANTA BARBARA SURFACING INC.

AULERT MICHAEL FRANK

BHANSALI ASHA

 

Court Documents

Substitution of Attorney - Substitution of Attorney

5/8/2019: Substitution of Attorney - Substitution of Attorney

Opposition (name extension) - Opposition TO SUPPLEMENTAL DECLARATION OF MICHAEL F. AULERT IN SUPPORT OF MOTION TO VACATE DEFAULT JUDGMENT AND DENY CLAIM OF BHANSALI

7/19/2019: Opposition (name extension) - Opposition TO SUPPLEMENTAL DECLARATION OF MICHAEL F. AULERT IN SUPPORT OF MOTION TO VACATE DEFAULT JUDGMENT AND DENY CLAIM OF BHANSALI

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/19/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/19/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Opposition (name extension) - Opposition TO SUPPLEMENTAL DECLARATION OF MICHAEL F. AULERT IN SUPPORT OF MOTION TO VACATE DEFAULD JUDGMENT AND DENY CLAIM OF BHANSALI

7/19/2019: Opposition (name extension) - Opposition TO SUPPLEMENTAL DECLARATION OF MICHAEL F. AULERT IN SUPPORT OF MOTION TO VACATE DEFAULD JUDGMENT AND DENY CLAIM OF BHANSALI

Declaration (name extension) - of Gidon R. Vardi in support of Claim

8/15/2018: Declaration (name extension) - of Gidon R. Vardi in support of Claim

Declaration (name extension) - of Jonathan F. Golding in support of Claim

8/15/2018: Declaration (name extension) - of Jonathan F. Golding in support of Claim

Other - (name extension) - Defendant and claimant Asha Bhansali's Claim

8/15/2018: Other - (name extension) - Defendant and claimant Asha Bhansali's Claim

Minute Order - Minute Order (Hearing - Other Disbursement of Funds)

10/22/2018: Minute Order - Minute Order (Hearing - Other Disbursement of Funds)

Opposition (name extension) - Opposition Bhansali Opposition to Aulert's Motion to Vacate Entry of Default and Deny Claim

12/13/2018: Opposition (name extension) - Opposition Bhansali Opposition to Aulert's Motion to Vacate Entry of Default and Deny Claim

Proof of Service by Substituted Service

4/5/2018: Proof of Service by Substituted Service

Proof of Personal Service

4/2/2018: Proof of Personal Service

Civil Case Cover Sheet

3/5/2018: Civil Case Cover Sheet

Memorandum of Points & Authorities

5/30/2018: Memorandum of Points & Authorities

44 More Documents Available

 

Docket Entries

  • 03/08/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 09/03/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/20/2019
  • Hearingat 09:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Vacate (name extension)

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  • 08/20/2019
  • Hearingat 09:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing - Other (name extension)

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  • 08/14/2019
  • DocketOpposition OPPOSITION TO SUPPLEMENTAL BRIEF RE MOTION TO VACATE; Filed by: Asha Bhansali (Defendant)

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  • 08/07/2019
  • DocketBrief of Aulert re Filing Date - Supplemental; Filed by: Michael Frank Aulert (Defendant)

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  • 08/01/2019
  • DocketHearing - Other Disbursement of Funds scheduled for 08/20/2019 at 09:00 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketHearing on Motion to Vacate Default and Deny Owner Claim scheduled for 08/20/2019 at 09:00 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketOn the Court's own motion, Hearing on Motion to Vacate Default and Deny Owner Claim scheduled for 07/31/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 08/20/2019 09:00 AM

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  • 08/01/2019
  • DocketOn the Court's own motion, Hearing - Other Disbursement of Funds scheduled for 07/31/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 08/20/2019 09:00 AM

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51 More Docket Entries
  • 04/05/2018
  • DocketProof of Service by Substituted Service; Filed by: Old Republic Surety Company (Plaintiff); As to: Asha Bhansali (Defendant); Proof of Mailing Date: 03/16/2018; Service Cost: 65.00; Service Cost Waived: No

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  • 04/05/2018
  • DocketProof of Service by Substituted Service; Filed by: Old Republic Surety Company (Plaintiff); As to: Michael Frank Aulert (Defendant); Proof of Mailing Date: 03/26/2018; Service Cost: 65.00; Service Cost Waived: No

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  • 04/02/2018
  • DocketProof of Personal Service; Filed by: Old Republic Surety Company (Plaintiff); As to: Santa Barbara Surfacing, Inc. (Defendant); Service Date: 03/20/18; Service Cost: 65.00; Service Cost Waived: No

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  • 03/05/2018
  • DocketComplaint; Filed by: Old Republic Surety Company (Plaintiff); As to: Michael Frank Aulert (Defendant); Santa Barbara Surfacing, Inc. (Defendant); Asha Bhansali (Defendant)

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  • 03/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Old Republic Surety Company (Plaintiff)

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  • 03/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/05/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 03/05/2018
  • DocketNon-Jury Trial scheduled for 09/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 03/05/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 03/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC03669    Hearing Date: October 24, 2019    Dept: 94

HEARING ON DISBURSEMENT OF FUNDS

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Claim by Defendant Asha Bhansali is GRANTED IN THE AMOUNT OF $13,500.00.

SUMMARY OF COMPLAINT: Plaintiff Old Republic Surety Company filed the instant Complaint in Interpleader on March 5, 2018. Motion to Deposit and for Discharge granted on July 16, 2018. Claim filed by Asha Bhansali on August 15, 2018.

CLAIM BY ASHA BHANSALI: Bhansali entered into a construction agreement with Michael Frank Aulert dba Clasico Construction (“Clasico”) in January 2017. Clasico violated multiple licensing statutes governing contractors, by willful and/or deliberate departure from trade standards and building laws, willful and deliberate excavation of the basement outside the footprint in plans approved by the Los Angeles Department of Building & Safety, failure to properly locate, erect and align steel columns, failure to excavate the concrete pool bathroom in the location set forth in the approved plans, defective waterproofing, failing to account for all concrete used, and employing subcontractors who were not licensed at all times during the project. As a result of these violations, Bhansali has incurred damages of more than $100,000.00.

ANALYSIS: Plaintiff Old Republic Surety Company (“Plaintiff”) filed the instant Complaint in Interpleader on March 5, 2018. The court granted Plaintiff’s Motion to Deposit Funds and for Discharge on July 16, 2018. Plaintiff deposited funds of $13,500.00 on July 31, 2018. Asha Bhansali filed a claim on August 15, 2018, and a supplemental declaration on March 4, 2019. No other claims have been filed to date. Trial is set for October 24, 2019. The court previously granted Defendant Michael Aulert’s Motion to Vacate Default and ordered him to file a proposed Answer and opposition to Bhansali's claim. As Aulert filed neither, the Court now rules on Bhansali’s unopposed claim to the interpleader funds.

Persons for whom a contractor’s bond is intended to benefit include “[a] property owner contracting for the construction of a single-family dwelling who is damaged as a result of a violation of this chapter by the licensee” or “[a] person damaged as a result of a willful and deliberate violation of this chapter by the licensee, or by the fraud of the licensee in the execution or performance of a construction contract.” (Bus. & Prof. Code, § 7071.5.)

Bhansali presents evidence in support of her claim, as follows. She entered into a construction agreement with Michael Frank Aulert dba Clasico Construction (“Clasico”) in January 2017. (Bhansali Decl, ¶¶3-4 and Exhs. A-B.) Clasico violated multiple licensing statutes governing contractors by willful and/or deliberate departure from trade standards and building laws. This included willful and deliberate excavation of the basement outside the footprint in plans approved by the Los Angeles Department of Building & Safety. (O’Dell Decl., ¶¶11-13; Vardi Decl., ¶¶11-13.) Clasico also failed to properly locate, erect and align steel columns, in violation of industry standards. (O’Dell Decl., ¶¶9-10; Vardi Decl., ¶¶8-10.) Third, Clasico failed to excavate the concrete pool bathroom in the location set forth in the approved plans. (O’Dell Decl., ¶8; Vardi Decl., ¶8.) It also provided defective waterproofing. (Vardi Decl., ¶¶10-14.) Additionally, it failed to account for all concrete used, and employing subcontractors who were not licensed at all times during the project. (Bhansali Decl., ¶9, O’Dell Decl., ¶15; Vardi Decl., ¶18; Golding Decl., ¶¶4-5 and Exh. A.) As recently explained in ACCO Engineered Systems, Inc. v. Contractors' State License Bd. (2018) 30 Cal.App.5th 80, 92, when a contractor fails to comply with specified laws, Business & Professions Code section 7090 creates a rebuttable presumption that the unpermitted construction was a willful and deliberate violation. This is evidence that Defendant Aulert violated Business & Professions Code section 7110 by the aforementioned conduct.

Based on the foregoing, the court finds that as a result of these violations, Bhansali has incurred damages of more than $100,000.00 and is entitled to disbursement of the full amount of the interpleader funds.

Moving party to give notice.