This case was last updated from Los Angeles County Superior Courts on 08/20/2021 at 01:16:46 (UTC).

UNLIMTED CONCEPTS & DEVELOPMENT INC. VS CHRIST KOUTROUMBIS, ET AL.

Case Summary

On 04/21/2020 UNLIMTED CONCEPTS DEVELOPMENT INC filed an Other lawsuit against CHRIST KOUTROUMBIS. 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:

    *******1445

  • Filing Date:

    04/21/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

UNLIMTED CONCEPTS & DEVELOPMENT INC.

Defendant

2305 THIRTY-FIRST INVESTMENTS LLC

Respondents

PEARL STREET INVESTMENTS LLC

KOUTROUMBIS CHRIST

Attorney/Law Firm Details

Petitioner Attorneys

EZZATI BEN

CAMPBELL NICK

Respondent and Defendant Attorney

KERNS BENNETT

 

Court Documents

Notice of Settlement - Notice of Settlement

7/16/2021: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

7/16/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Notice (name extension) - Notice Notice of Hearing on Defendant's Motion to Release Property from Claim of Mechanic's Lien

3/19/2021: Notice (name extension) - Notice Notice of Hearing on Defendant's Motion to Release Property from Claim of Mechanic's Lien

Motion for Order (name extension) - Motion for Order Motion for Order Releasing Property from Claim of Mechanic's Lien

3/19/2021: Motion for Order (name extension) - Motion for Order Motion for Order Releasing Property from Claim of Mechanic's Lien

Motion for Order (name extension) - Motion for Order Motion for Order Releasing Property from Claim of Mechanic's Lien

3/4/2021: Motion for Order (name extension) - Motion for Order Motion for Order Releasing Property from Claim of Mechanic's Lien

Opposition (name extension) - Opposition to Defendants Motion to Expunge Lien

2/16/2021: Opposition (name extension) - Opposition to Defendants Motion to Expunge Lien

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application for an Order Shortening Time to Hear Verified Motion for Order Releasing Property from Claim of Mechanic's Lien

11/13/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application for an Order Shortening Time to Hear Verified Motion for Order Releasing Property from Claim of Mechanic's Lien

Supplemental Declaration (name extension) - Supplemental Declaration Supplemental Declaration of Bennett Kerns in Support of Request for Hearing Date

11/16/2020: Supplemental Declaration (name extension) - Supplemental Declaration Supplemental Declaration of Bennett Kerns in Support of Request for Hearing Date

Notice of Trial Setting Conference and Attached Orders Thereon - Notice of Trial Setting Conference and Attached Orders Thereon

11/6/2020: Notice of Trial Setting Conference and Attached Orders Thereon - Notice of Trial Setting Conference and Attached Orders Thereon

Answer - Answer

9/16/2020: Answer - Answer

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Court Order)]

8/21/2020: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Court Order)]

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

8/10/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/21/2020

8/21/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/21/2020

Minute Order - Minute Order (Court Order)

8/21/2020: Minute Order - Minute Order (Court Order)

Civil Case Cover Sheet - Civil Case Cover Sheet

6/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

6/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/21/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

4/21/2020: First Amended Standing Order - First Amended Standing Order

24 More Documents Available

 

Docket Entries

  • 08/06/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/06/2021

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  • 07/28/2021
  • DocketOn the Amended Complaint (1st) filed by Unlimted Concepts & Development Inc. on 08/03/2020, entered Request for Dismissal with prejudice filed by Unlimted Concepts & Development Inc. as to Christ Koutroumbis and 2305 Thirty-First Investments LLC

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  • 07/16/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/27/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 07/16/2021
  • DocketUpdated -- Notice of Settlement: Status Date changed from 07/16/2021 to 07/16/2021; As To Parties: removed

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  • 07/16/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 07/16/2021
  • DocketNon-Jury Trial scheduled for 09/28/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/16/2021

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  • 07/16/2021
  • DocketHearing on Motion for Order releasing property from claim of mechanic's lien scheduled for 07/27/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/16/2021

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  • 04/12/2021
  • DocketNon-Jury Trial scheduled for 09/28/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/12/2021
  • DocketMinute Order (Trial Setting Conference)

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  • 04/12/2021
  • DocketTrial Setting Conference scheduled for 04/12/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/12/2021; Result Type to Held

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44 More Docket Entries
  • 08/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Unlimted Concepts & Development Inc. (Petitioner); As to: Christ Koutroumbis (Respondent)

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  • 08/03/2020
  • DocketAmended Complaint (1st); Filed by: Unlimted Concepts & Development Inc. (Petitioner); As to: Christ Koutroumbis (Respondent)

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  • 07/21/2020
  • DocketSummons on Complaint; Issued and Filed by: Unlimted Concepts & Development Inc. (Petitioner); As to: Christ Koutroumbis (Respondent); Pearl Street Investments LLC (Respondent)

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  • 06/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Unlimted Concepts & Development Inc. (Petitioner)

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  • 06/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Unlimted Concepts & Development Inc. (Petitioner)

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  • 05/08/2020
  • DocketHearing on Petition Complaint scheduled for 08/25/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/21/2020
  • DocketComplaint; Filed by: Unlimted Concepts & Development Inc. (Petitioner); As to: Christ Koutroumbis (Respondent); Pearl Street Investments LLC (Respondent)

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  • 04/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/21/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP01445    Hearing Date: March 01, 2021    Dept: 25

HEARING DATE: Mon., March 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Unlimited Concepts & Development v. Koutroumbis, et al.

CASE NUMBER: 20STCP01445 PET. FILED: 04-21-20

NOTICE: OK TRIAL DATE: NOT SET

PROCEEDINGS: PETITION FOR ORDER RELEASING PROPERTY FROM CLAIM OF MECHANIC’S LIEN

MOVING PARTY: Defendant 2305 Thirty-First Investments, LLC

RESP. PARTY: Plaintiff Unlimited Concepts & Development, Inc.

PETITION TO RELEASE MECHANIC’S LIEN

(Civ. Code § 8480, et seq.)

TENTATIVE RULING:

Defendant 2305 Thirty-First Investments, LLC’s Petition for Order Releasing Property from Claim of Mechanic’s Lien is DENIED WITHOUT PREJUDICE.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] At least 15 Days Lapsed (Civ. Code § 8486(b)) OK

[ ] Correct Manner of Service (Civ. Code § 8486(b)) NO

OPPOSITION: Filed on February 16, 2021 [ ] Late [ ] None

REPLY: Filed on February 22, 2021 [ ] Late [ ] None

ANALYSIS:

  1. Background

On April 21, 2020, self-represented Plaintiff Unlimited Concepts & Development, Inc. (“Plaintiff”), through Ben Ezzazi, filed a complaint for damages and foreclosure of mechanic’s lien against Defendants Christ Koutroumbis (“Koutroumbis”) and Pearl Street Investments, LLC (“Pearl Street”). The original Complaint sought to foreclose on a mechanic’s lien filed against real property located at 821 Pearl Street, Santa Monica, CA 90405 (the “Pearl Property”). (Compl., p. 2:22-27.)

Having incorrectly named the proper entity defendant and subject property, Plaintiff filed a First Amended Complaint (the “FAC”) on August 3, 2020 against Koutroumbis and 2305 Thirty-First Investments, LLC (“2305 Investments”). With its FAC, Plaintiff seeks to foreclose a mechanic’s lien filed on January 24, 2020 against real property located at 2305 31st Street, Santa Monica, CA 90405 (the “Subject Property”) owned by Defendant 2305 Investments. (FAC, p. 2:1-3, p. 2:24-27, Exh.-I.)

Defendants Koutroumbis and 2305 Investments filed a joint Answer on September 16, 2020.

On November 20, 2020, Defendant 2305 Investments filed the instant Petition for Order Releasing Property from Claim of Mechanic’s Lien (the “Petition”). Plaintiff filed a substitution of attorney, indicating it was now being represented by Nick M. Campbell, on December 21, 2020.

Plaintiff filed an Opposition to the Petition on February 16, 2021 and Defendant 2305 Investments filed a Reply on February 22.

  1. Legal Standard

After a mechanic’s lien has been recorded, “[t]he owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460.” (Civ. Code, § 8480, subd. (a).) A claimant must commence an action to enforce a lien within 90 days of recording the lien. (Civ. Code, § 8460, subd. (a).) Section 8460 further provides that “[i]f the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable.” (Id.) Section 8460 also provides that the 90-day time limit to commence an action to enforce a lien does not apply if there was an agreement to extend credit and a notice of that fact was recorded within 90 days after recordation of the claim of lien or more than 90 days after recordation of the claim of lien but before a purchaser or encumbrancer for value and in good faith acquires rights in the property. (Civ. Code, § 8460, subd. (b).)

  1. Discussion

A. Service Requirements

The petitioner shall serve a copy of the petition and a notice of hearing on the claimant at least 15 days before the hearing. Service shall be made in the same manner as service of summons, or by certified or registered mail, postage prepaid, return receipt requested, addressed to the claimant as provided in Section 8108.” (Civ. Code § 8486, subd. (b).) Section 8108 provides addresses at which a respondent must be served, depending on the title of the person to be served. The petitioner bears the burden of proving he complied with service and date for hearing requirements. (Civ. Code. § 8488, subd. (a).)

Here, Defendant 2305 Investments served a copy of the Petition by regular mail. (Pet., Proof of Service.) This does not satisfy the service requirements of Section 8486. However, given that the Petition was served at the address Plaintiff listed on its FAC and that Plaintiff filed an Opposition to this Petition on the merits, the Court proceeds to make a ruling.

B. Petition Requirements

Civil Code section 8484 requires that the petition for release order be verified by the petitioner and allege the following:

(a) The date of recordation of the claim of lien. A certified copy of the claim of lien shall be attached to the petition.

(b) The county in which the claim of lien is recorded.

(c) The book and page or series number of the place in the official records where the claim of lien is recorded.

(d) The legal description of the property subject to the claim of lien.

(e) Whether an extension of credit has been granted under Section 8460, if so to what date, and that the time for commencement of an action to enforce the lien has expired.

(f) That the owner has given the claimant notice under Section 8482 demanding that the claimant execute and record a release of the lien and that the claimant is unable or unwilling to do so or cannot with reasonable diligence be found.

(g) Whether an action to enforce the lien is pending.

(h) Whether the owner of the property or interest in the property has filed for relief in bankruptcy or there is another restraint that prevents the claimant from commencing an action to enforce the lien.

A property owner may not petition for a release order until he or she gives the claimant notice demanding that the claimant execute and record a release of lien claim at least ten days before filing the petition. (Civ. Code, § 8482.)

Defendant 2305 Investments provides a copy of the pre-filing demand sent to Plaintiff at two different addresses, including P.O. Box 55401, Sherman Oaks, CA 91413, the address listed on the mechanic’s lien and its FAC. (Mot., Exh. 1.) This satisfies Section 8482’s pre-filing demand requirement.

The Petition also includes all of the information required under Civil Code section 8484, subdivisions (a) – (h). However, the Court notes Plaintiff’s argument in Opposition that the Petition is fatally defective because it is not verified by Defendant 2305 Investments. (Oppo., p. 2:25-28.) In Reply, Defendant 2305 Investments’ counsel provides his declaration stating that when this Petition was finalized, Defendant Koutroumbis, managing member of Defendant 2305 Investments, was out of state and could not verify the Petition himself. (Reply, Kerns Decl., ¶ 3.) For this reason, counsel verified the Petition on behalf of Defendant 2305 Investments. (Id.)

Code of Civil Procedure section 446 provides:

When the verification is made by the attorney for the reason that the parties are absent from the county where he or she has his or her office, or from some other cause are unable to verify it, or when the verification is made on behalf of a corporation or public agency by any officer thereof, the attorney’s or officer’s affidavit shall state that he or she has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true. However, in those cases the pleadings shall not otherwise be considered as an affidavit or declaration establishing the facts therein alleged.” (Emphasis added.)

Defendant 2305 Investments’ counsel’s verification does not establish the truth of the matters alleged in the Petition, such as the assertion that no extension of credit has been granted under Section 8460, that the property owner has not filed for relief in bankruptcy, or that no other restraint exists to prevent the lien claimant from enforcing the lien. (Id.) Thus, Civil Code section 8484 is not satisfied. Accordingly, the Petition is DENIED WITHOUT PREJUDICE.

  1. Conclusion & Order

For the foregoing reasons, Defendant 2305 Thirty-First Investments, LLC’s Petition for Order Releasing Property from Claim of Mechanic’s Lien is DENIED WITHOUT PREJUDICE.

Moving party is ordered to give notice.

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