This case was last updated from Los Angeles County Superior Courts on 10/08/2020 at 00:53:22 (UTC).

STEPHANE DRAI VS ITSICK SABAG, ET AL.

Case Summary

On 09/04/2019 STEPHANE DRAI filed a Contract - Other Contract lawsuit against ITSICK SABAG. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8279

  • Filing Date:

    09/04/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

DRAI STEPHANE

Defendants

SABAG ZAGURI ARLETTE

SABAG ITSICK

Attorney/Law Firm Details

Plaintiff Attorney

GABRIEL JONATHAN G G

Defendant Attorney

ROUSIER SUSAN

 

Court Documents

Request for Dismissal - Request for Dismissal

9/25/2020: Request for Dismissal - Request for Dismissal

Reply (name extension) - Reply DEFENDANT SABAG'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS

7/7/2020: Reply (name extension) - Reply DEFENDANT SABAG'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS

Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

7/14/2020: Minute Order - Minute Order (Hearing on Motion for Judgment on the Pleadings)

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

6/15/2020: Motion for Judgment on the Pleadings - Motion for Judgment on the Pleadings

Opposition (name extension) - Opposition to Motion for Judgment on the Pleadings

6/30/2020: Opposition (name extension) - Opposition to Motion for Judgment on the Pleadings

Request for Judicial Notice - Request for Judicial Notice

7/2/2020: Request for Judicial Notice - Request for Judicial Notice

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

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

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

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

Answer - Answer

10/30/2019: Answer - Answer

Complaint - Complaint

9/4/2019: Complaint - Complaint

Summons - Summons on Complaint

9/4/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

9/4/2019: First Amended Standing Order - First Amended Standing Order

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

9/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 09/28/2020
  • DocketHearing on Motion for Judgment on the Pleadings scheduled for 10/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/28/2020

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  • 09/28/2020
  • DocketNon-Jury Trial scheduled for 03/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/28/2020

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  • 09/28/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/07/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/28/2020

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  • 09/25/2020
  • DocketOn the Complaint filed by Stephane Drai on 09/04/2019, entered Request for Dismissal with prejudice filed by Stephane Drai as to the entire action

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  • 09/25/2020
  • DocketAddress for Jonathan G G Gabriel (Attorney) null

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  • 09/25/2020
  • DocketAddress for Susan Rousier (Attorney) null

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  • 07/14/2020
  • DocketMinute Order (Hearing on Motion for Judgment on the Pleadings)

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  • 07/14/2020
  • DocketOn the Court's own motion, Hearing on Motion for Judgment on the Pleadings scheduled for 07/14/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/06/2020 10:30 AM

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  • 07/10/2020
  • DocketDue to Clerical Error, Hearing on Motion for Judgment on the Pleadings scheduled for 07/14/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Continued - by Court was rescheduled to 07/14/2020 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketReply DEFENDANT SABAG'S REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS; Filed by: Itsick Sabag (Defendant)

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5 More Docket Entries
  • 10/10/2019
  • DocketProof of Service by Substituted Service; Filed by: Stephane Drai (Plaintiff); As to: Arlette Sabag Zaguri (Defendant); Proof of Mailing Date: 09/18/2019; Service Cost: 64.00; Service Cost Waived: No

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  • 10/10/2019
  • DocketProof of Service by Substituted Service; Filed by: Stephane Drai (Plaintiff); As to: Itsick Sabag (Defendant); Proof of Mailing Date: 09/19/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 09/09/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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

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

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  • 09/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Stephane Drai (Plaintiff); As to: Itsick Sabag (Defendant); Arlette Sabag Zaguri (Defendant)

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  • 09/04/2019
  • DocketComplaint; Filed by: Stephane Drai (Plaintiff); As to: Itsick Sabag (Defendant); Arlette Sabag Zaguri (Defendant)

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  • 09/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Stephane Drai (Plaintiff); As to: Itsick Sabag (Defendant); Arlette Sabag Zaguri (Defendant)

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Tentative Rulings

Case Number: 19STLC08279    Hearing Date: July 14, 2020    Dept: 25

MOTION FOR JUDGMENT ON THE PLEADINGS

(CCP § 438)

TENTATIVE RULING:

Defendant Itsick Sabag’s Motion for Judgment on the Pleadings is CONTINUED TO AUGUST 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or 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: Filed on June 30, 2020 [ ] Late [ ] None

REPLY: Filed on July 7, 2020 [ ] Late [ ] None

ANALYSIS:

  1. Background

On September 4, 2019, Plaintiff Stephanie Drai (“Plaintiff”) filed an action for breach of contract, violation of Civil Code section 1950.5, violation of Business and Professions Code section 17200, money had and received, negligent hiring, supervision, and retention, constructive trust, and negligence against Defendants Itsick Sabag (“Sabag”) and Arlette Sabag Zaguri (“Zaguri”) (collectively, “Defendants”). On October 30, 2019, Defendants filed an Answer.

On June 15, 2020, Defendant Sabag filed the instant Motion for Judgment on the Pleadings (the “Motion”). On June 30, 2020, Plaintiff filed an Opposition and on July 7, 2020, Defendant Sabag filed a Reply.

  1. Legal Standard

The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters that may be judicially noticed, it appears that a party is entitled to judgment as a matter of law. (Bezirdjian v. O'Reilly (2010) 183 Cal.App.4th 316, 321-322, citing Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.) Matters which are subject to mandatory judicial notice may be treated as part of the complaint and may be considered without notice to the parties. Matters which are subject to permissive judicial notice must be specified in the notice of motion, the supporting points and authorities, or as the court otherwise permits. (Id.) The motion may not be supported by extrinsic evidence. (Barker v. Hull (1987) 191 Cal.App.3d 221, 236.)

Additionally, a motion for judgment on the pleadings must be accompanied by a meet and confer declaration demonstrating an attempt to meet and confer in person or by telephone, at least five days before the date a motion for judgment on the pleadings is filed. (Code Civ. Proc., § 439, subd. (a).)

  1. Discussion

As an initial matter, the Court finds that the Motion is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 439, subdivision (a). The Motion itself also does not demonstrate there was any attempt to meet and confer with Plaintiff before filing this Motion. Although a determination that a meet and confer process was insufficient is not grounds to grant or deny a motion for judgment on the pleadings (Code Civ. Proc., § 439, subd. (a)(4)), that does not mean parties are free to ignore the requirement.

Thus, Defendant Sabag is ordered to meet and confer with Plaintiff in person or by telephone and file a supplemental declaration in accordance with Code of Civil Procedure section 439, subdivision (a) attesting to such efforts.

  1. Conclusion & Order

For the foregoing reasons, Defendants Itsick Sabag and Arlette Sabag Zaguri’s Motion for Judgment on the Pleadings is CONTINUED TO AUGUST 6,2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.