This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 03:52:07 (UTC).

THOME WATERPROOFING CO., INC., A CALIFORNIA CORPORATION VS OH'S DESIGN & DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 04/13/2020 THOME WATERPROOFING CO , INC , A CALIFORNIA CORPORATION filed a Property - Other Real Property lawsuit against OH'S DESIGN DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. 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:

    *******3300

  • Filing Date:

    04/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

THOME WATERPROOFING CO. INC. A CALIFORNIA CORPORATION

Defendants

1130 ANGELO LLC A CALIFORNIA LIMITED LIABILITY COMPANY

OH'S DESIGN & DEVELOPMENT LLC A CALIFORNIA LIMITED LIABILITY COMPANY

OH PAUL

AMERICAN CONTRACTORS INDEMNITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

CADE NATHANAEL PHILIPPE

Defendant Attorneys

BORDEN JEREMY

FLORES AARON J

 

Court Documents

Minute Order - Minute Order (Trial Setting Conference)

8/26/2021: Minute Order - Minute Order (Trial Setting Conference)

Substitution of Attorney - Substitution of Attorney

8/17/2021: Substitution of Attorney - Substitution of Attorney

Motion for Attorney Fees - Motion for Attorney Fees

8/19/2021: Motion for Attorney Fees - Motion for Attorney Fees

Request for Dismissal - Request for Dismissal

8/24/2021: Request for Dismissal - Request for Dismissal

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

7/8/2021: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Notice (name extension) - Notice of Entry of Judgment or Order

7/8/2021: Notice (name extension) - Notice of Entry of Judgment or Order

Judgment - Judgment To Enforce a Settlement Agreement

6/18/2021: Judgment - Judgment To Enforce a Settlement Agreement

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

6/8/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Notice of Ruling - Notice of Ruling

6/9/2021: Notice of Ruling - Notice of Ruling

Motion for Order (name extension) - Motion for Order Supplemental Brief In Support of Motion to Enforce Settlement

5/12/2021: Motion for Order (name extension) - Motion for Order Supplemental Brief In Support of Motion to Enforce Settlement

Supplemental Declaration (name extension) - Supplemental Declaration Declaration of Nancy Radomski In Support of Supplemental Brief to Motion to Enforce Settlement

5/12/2021: Supplemental Declaration (name extension) - Supplemental Declaration Declaration of Nancy Radomski In Support of Supplemental Brief to Motion to Enforce Settlement

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

5/4/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Notice (name extension) - Notice Continuance of Motion to Enforce Settlement

5/4/2021: Notice (name extension) - Notice Continuance of Motion to Enforce Settlement

Proof of Personal Service - Proof of Personal Service

4/19/2021: Proof of Personal Service - Proof of Personal Service

Notice (name extension) - Notice of Continuance

3/30/2021: Notice (name extension) - Notice of Continuance

Notice (name extension) - Notice Errata to Motion to Enforce Settlement

10/13/2020: Notice (name extension) - Notice Errata to Motion to Enforce Settlement

Answer - Answer

12/4/2020: Answer - Answer

Answer - Answer

12/11/2020: Answer - Answer

23 More Documents Available

 

Docket Entries

  • 05/02/2022
  • Hearing05/02/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/21/2021
  • Hearing12/21/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Attorney Fees

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  • 08/26/2021
  • DocketNon-Jury Trial scheduled for 05/02/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/26/2021
  • DocketMinute Order (Trial Setting Conference)

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  • 08/26/2021
  • DocketTrial Setting Conference scheduled for 08/26/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/26/2021; Result Type to Held

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  • 08/24/2021
  • DocketOn the Complaint filed by Thome Waterproofing Co., Inc., a California corporation on 04/13/2020, entered Request for Dismissal with prejudice filed by Thome Waterproofing Co., Inc., a California corporation, does American Contractors Indemnity Co. #46

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  • 08/20/2021
  • DocketHearing on Motion for Attorney Fees scheduled for 12/21/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/19/2021
  • DocketMotion for Attorney Fees; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff)

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  • 08/17/2021
  • DocketSubstitution of Attorney; Filed by: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant)

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  • 07/08/2021
  • DocketNotice of Entry of Judgment or Order; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); Paul Oh (Defendant)

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35 More Docket Entries
  • 04/21/2020
  • DocketProof of Personal Service; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: 1130 ANGELO, LLC, a California limited liability company (Defendant); Service Date: 04/17/2020; Service Cost: 85.00; Service Cost Waived: No

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  • 04/20/2020
  • DocketNotice of Lis Pendens; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff)

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  • 04/14/2020
  • DocketNon-Jury Trial scheduled for 10/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/14/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 04/13/2020
  • DocketComplaint; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant)

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  • 04/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant)

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  • 04/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant)

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  • 04/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC03300     Hearing Date: May 4, 2021    Dept: 25

PROCEEDINGS: MOTION TO ENFORCE SETTLEMENT AND FOR ATTORNEY’S FEES AND COSTS

MOVING PARTY: Plaintiff Thome Waterproofing Co., Inc.

RESP. PARTY: None

MOTION TO ENFORCE SETTLEMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Thome Waterproofing Co., Inc.’s Motion to Enforce Settlement is CONTINUED TO JUNE 8, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers as requested 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: None filed as of April 30, 2021 [ ] Late [X] None

REPLY: None filed as of April 30, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On April 13, 2020, Plaintiff Thome Waterproofing Co., Inc. (“Plaintiff”) filed an action against Oh’s Design & Development, LLC (“Oh’s Design”) and 1130 Angelo, LLC (“1130 Angelo”). On April 29, 2020, Plaintiff filed an amendment to the Complaint substituting Defendant Paul Oh (“Oh”) for Doe 1. A second amendment to the Complaint was filed on May 27, 2020 substituting American Contractors Indemnity Company (“American”) for Doe 46.

On June 24, 2020, Plaintiff filed a notice of settlement of the entire case, which was withdrawn on September 16, 2020.

On October 5, 2020, Plaintiff filed the instant Motion to Enforce Settlement and for Attorney’s Fees and Costs (the “Motion”). No Opposition was filed.

II. Legal Standard

Under Code of Civil Procedure, section 664.6:

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.”

III. Discussion

The subject matter of this action is construction labor, materials, and services provided for real property located at 1130 Angelo Dr., Beverly Hills, CA (the “1130 Angelo Dr. Property”). (See Compl., generally.)

Plaintiff presents evidence that Plaintiff and Defendants Oh and Oh’s Design entered into a Settlement Agreement and Release (the “Agreement”). (Mot., Cade Decl., ¶ 3, Exh. A.) Plaintiff signed the Agreement on June 23, 2020 and Defendants Oh and Oh’s Design signed on June 24. (Id.)

The Agreement states that certain disputes have arisen between Plaintiff and Defendants Oh and Oh’s Design relating to work performed at the 1130 Angelo Dr. Property. (Id. at p. 1, ¶¶ A, B.) The Agreement also states that certain disputes between Plaintiff and Defendants Oh and Oh’s Design arose regarding work performed at 1471 Forest Knoll Dr., Los Angeles, CA 90069 (the “1471 Forest Knoll Property”). (Id.) The purpose of the Agreement is to settle all claims related not only to the 1130 Angelo Dr. Property, the subject of this action, but also those claims related to the 1471 Forest Knoll Property, which is unrelated to this action. (Id.) Defendants Oh and Oh’s Design agreed to settle claims related to both properties for $30,050.00. (Id. at p. 2, ¶ 3.) The Stipulation does not allocate a settlement amount to each of the two properties. (See id.)

As discussed, the Agreement includes a settlement for claims that are unrelated to the instant action. Because claims related to 1471 Forest Knoll Property were not raised in the Complaint, the Court is not convinced it can enter a judgment in this action based on an Agreement that includes those unrelated claims. Plaintiff did not address this in its memorandum of points and authorities; it simply concluded the Agreement was enforceable because the parties entered into a stipulation and because the Stipulation contains no defects. (Mot., p. 4:1-25.) Plaintiff is granted an opportunity to brief the Court on this issue.

IV. Conclusion & Order

For the foregoing reasons, Plaintiff Thome Waterproofing Co., Inc.’s Motion to Enforce Settlement is CONTINUED TO JUNE 8, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

Case Number: 20STLC03300    Hearing Date: March 29, 2021    Dept: 25

HEARING DATE: Mon., March 29, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Thome Waterproofing Co., Inc. v. Oh’s Design & Development, LLC, et al.

CASE NUMBER: 20STLC03300 COMP. FILED: 04-13-20

NOTICE: NO DISC. C/O: NONE

DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO ENFORCE SETTLEMENT AND FOR ATTORNEY’S FEES AND COSTS

MOVING PARTY: Plaintiff Thome Waterproofing Co., Inc.

RESP. PARTY: None

MOTION TO ENFORCE SETTLEMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Thome Waterproofing Co., Inc.’s Motion to Enforce Settlement and for Attorney’s fees is DENIED WITHOUT PREJUDICE.

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: None filed as of March 25, 2021 [ ] Late [X] None

REPLY: None filed as of March 25, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 13, 2020, Plaintiff Thome Waterproofing Co., Inc. (“Plaintiff”) filed an action against Oh’s Design & Development, LLC (“Oh’s Design”) and 1130 Angelo, LLC (“1130 Angelo”) (collectively, “Defendants”). On April 29, 2020, Plaintiff filed an amendment to the Complaint substituting Defendant Paul Oh (“Oh”) for Doe 1. Another amendment to the Complaint was filed on May 27, 2020 substituting American Contractors Indemnity Company (“American”) for Doe 46.

On June 24, 2020, Plaintiff filed a notice of settlement of the entire case, which was withdrawn on September 16, 2020.

On October 5, 2020, Plaintiff filed the instant Motion to Enforce Settlement and for Attorney’s Fees and Costs (the “Motion”). No opposition has been filed.

  1. Legal Standard

Under Code of Civil Procedure, section 664.6:

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.”

  1. Discussion

Plaintiff filed this Motion seeking to enforce a settlement reached with Defendant Oh’s Design and Defendant Oh. (Mot., p 2:3-11.)

Before considering the merits of Plaintiff’s Motion, the Court notes that Defendant Oh has not yet been served with the Summons and Complaint. Thus, the Court has not acquired jurisdiction over him. Accordingly, the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Thome Waterproofing Co., Inc.’s Motion to Enforce Settlement and for Attorney’s fees is DENIED WITHOUT PREJUDICE.

Moving party is ordered to give notice.

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