This case was last updated from Los Angeles County Superior Courts on 07/16/2020 at 01:15:35 (UTC).

SHAHRAM KAYWANFAR VS HUBERT GUEZ, ET AL.

Case Summary

On 09/25/2019 SHAHRAM KAYWANFAR filed a Property - Other Property Fraud lawsuit against HUBERT GUEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8773

  • Filing Date:

    09/25/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

KAYWANFAR SHAHRAM

Defendants

GUEZ HUBERT

LOPEZ NORMA

Attorney/Law Firm Details

Defendant Attorney

BOWSE MICHAEL

 

Court Documents

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

10/30/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

10/30/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

9/25/2019: Complaint - Complaint

Declaration (name extension) - Declaration re Compliance with C.C.P. 430.41(a)

7/13/2020: Declaration (name extension) - Declaration re Compliance with C.C.P. 430.41(a)

Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

7/13/2020: Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

7/14/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

2/19/2020: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Opposition (name extension) - Opposition Plaintiff's Opposition to the Defendant's Demurrer to the Complaint

1/30/2020: Opposition (name extension) - Opposition Plaintiff's Opposition to the Defendant's Demurrer to the Complaint

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

12/16/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/9/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

1/13/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Request for Judicial Notice - Request for Judicial Notice

1/13/2020: Request for Judicial Notice - Request for Judicial Notice

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

11/1/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Civil Case Cover Sheet - Civil Case Cover Sheet

9/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/25/2019: Summons - Summons on Complaint

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

9/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

9/25/2019: First Amended Standing Order - First Amended Standing Order

6 More Documents Available

 

Docket Entries

  • 09/28/2022
  • Hearing09/28/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/24/2021
  • Hearing03/24/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/14/2020
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 07/14/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 07/14/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 07/14/2020

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  • 07/13/2020
  • DocketDeclaration re Compliance with C.C.P. 430.41(a); Filed by: Hubert Guez (Defendant)

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  • 07/13/2020
  • DocketNotice of Intent to Appear by Telephone; Filed by: Hubert Guez (Defendant)

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  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Demurrer - without Motion to Strike scheduled for 04/30/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/14/2020 10:30 AM

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  • 03/03/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 04/30/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/03/2020
  • DocketOn the Court's own motion, Hearing on Demurrer - without Motion to Strike scheduled for 02/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/30/2020 10:30 AM

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10 More Docket Entries
  • 10/30/2019
  • DocketProof of Personal Service; Filed by: Shahram Kaywanfar (Plaintiff); As to: Norma Lopez (Defendant); Service Date: 09/26/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 10/30/2019
  • DocketProof of Service by Substituted Service; Filed by: Shahram Kaywanfar (Plaintiff); As to: Hubert Guez (Defendant); Proof of Mailing Date: 10/25/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 09/25/2019
  • DocketComplaint; Filed by: Shahram Kaywanfar (Plaintiff); As to: Hubert Guez (Defendant); Norma Lopez (Defendant)

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  • 09/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Shahram Kaywanfar (Plaintiff)

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  • 09/25/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/25/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/25/2019
  • DocketNon-Jury Trial scheduled for 03/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC08773    Hearing Date: July 14, 2020    Dept: 25

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Hubert Guez’s Demurrer to Complaint is PLACED OFF CALENDAR.

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: Filed on January 30, 2020 [ ] Late [ ] None

REPLY: None filed as of July 10, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On September 25, 2019, Plaintiff Shahram Kaywanfar (“Plaintiff”) filed an action for fraud against Defendants Hubert Guez (“Guez”) and Norma Lopez (“Lopez”) (collectively, “Defendants”). On November 1, 2019, default was entered against Defendant Lopez.

On January 13, 2020, Defendant Guez filed the instant Demurrer to Complaint (the “Demurrer”). On January 30, 2020, Plaintiff filed an Opposition.

On February 19, 2020, the Court continued the hearing because Defendant failed to include a meet and confer declaration as required by Code of Civil Procedure section 430.41, subdivision (a). (2/19/20 Minute Order.) The Court ordered Defendant Guez to file and serve a declaration demonstrating compliance with the meet and confer requirement and warned that failure to do so could result in the Demurrer being placed off calendar or denied. (Id.)

To date, Defendant Guez has not filed any supplemental papers as requested. Accordingly, the Demurrer is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Defendant Hubert Guez’s Demurrer to Complaint is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC08773    Hearing Date: February 19, 2020    Dept: 25

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant Hubert Guez’s Demurrer to Complaint is CONTINUED TO APRIL 30, 2020, at 10:30 a.m. in Department 25, . At least 16 court days prior to the new hearing date, Defendant is to file and serve a declaration demonstrating compliance with the meet and confer requirement. Failure to comply with the Court’s order may result in the Demurrer being placed off calendar or denied.

OPPOSITION: Filed on January 30, 2020 [ ] Late [ ] None

REPLY: None filed as of February 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 25, 2019, Plaintiff Shahram Kaywanfar (“Plaintiff”) filed an action for fraud against Defendants Hubert Guez (“Guez”) and Norma Lopez (“Lopez”) (collectively, “Defendants”).

On January 13, 2020, Defendant Guez filed the instant Demurrer to Complaint (the “Demurrer”). On January 30, 2020, Plaintiff filed an Opposition. To date, no reply brief has been filed.

  1. Legal Standard

“The primary function of a pleading is to give the other party notice so that it may prepare its

case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to

affect substantial rights.” (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.)

“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Ivanoff v. Bank of

America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether “the complaint alleges

facts sufficient to state a cause of action or discloses a complete defense.” (Id.) The Court does not

“read passages from a complaint in isolation; in reviewing a ruling on a demurrer, we read the

complaint ‘as a whole and its parts in their context.’ [Citation.]” (West v. JPMorgan Chase Bank,

N.A. (2013) 214 Cal.App.4th 780, 804.) The Court “assume[s] the truth of the properly pleaded

factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of

which judicial notice has been taken.” (Harris, supra, 56 Cal.4th p. 240.) “The court does not,

however, assume the truth of contentions, deductions or conclusions of law. [Citation.]” (Durell v.

Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.)

Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.)

Finally, Code of Civil Procedure section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).)

  1. Discussion

As an initial matter, the Court notes that the Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure, section 430.41, subdivision (a). Accordingly, Defendant is ordered to file and serve a declaration demonstrating compliance with the meet and confer requirement.

  1. Conclusion & Order

For the foregoing reasons, Defendant Hubert Guez’s Demurrer to Complaint is CONTINUED TO APRIL 320. 2020 at 10:30 a.m. in Department 25.. SPRING STREET COURTHOUSE. At least 16 court days prior to the new hearing date, Defendant is to file and serve a declaration demonstrating compliance with the meet and confer requirement. Failure to comply with the Court’s order may result in the Demurrer being placed off calendar or denied.

Moving party is ordered to give notice.