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This case was last updated from Los Angeles County Superior Courts on 03/05/2021 at 05:37:46 (UTC).

WESTLAKE SERVICES, LLC VS SIMPLE AUTO SALES, A BUSINESS ENTITY OF UNKNOWN FORM, ET AL.

Case Summary

On 01/29/2019 WESTLAKE SERVICES, LLC filed a Contract - Other Contract lawsuit against SIMPLE AUTO SALES, A BUSINESS ENTITY OF UNKNOWN FORM. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1012

  • Filing Date:

    01/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES A LIMITED LIABILITY COMPANY

Defendants

SIMPLE AUTO SALES A BUSINESS ENTITY OF UNKNOWN FORM

ALSANAM AZMI

Attorney/Law Firm Details

Plaintiff Attorneys

YADEGARI ARASH

FRIEDMAN JOSHUA P

 

Court Documents

Substitution of Attorney - Substitution of Attorney

1/27/2020: Substitution of Attorney - Substitution of Attorney

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

2/3/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Request for Dismissal - Request for Dismissal

2/3/2020: Request for Dismissal - Request for Dismissal

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

5/14/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

7/27/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration DECLARATION OF JOSHUA P FRIEDMAN IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL DISCOVERY, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,185.00 AGAINST AZMI ALS

7/27/2020: Declaration (name extension) - Declaration DECLARATION OF JOSHUA P FRIEDMAN IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL DISCOVERY, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,185.00 AGAINST AZMI ALS

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/27/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Proof of Service by Mail - Proof of Service by Mail

7/27/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration DECLARATION OF JOSHUA P FRIEDMAN IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL DISCOVERY, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,185.00 AGAINST AZMI ALS

7/27/2020: Declaration (name extension) - Declaration DECLARATION OF JOSHUA P FRIEDMAN IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL DISCOVERY, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,185.00 AGAINST AZMI ALS

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/27/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Answer - Answer

4/18/2019: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

4/18/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Complaint

1/29/2019: Summons - Summons on Complaint

Complaint - Complaint

1/29/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

1/29/2019: First Amended Standing Order - First Amended Standing Order

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

1/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 08/11/2021
  • Hearing08/11/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/03/2021
  • DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: Westlake Services, LLC (Plaintiff); Result: Granted; Result Date: 03/03/2021

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  • 03/03/2021
  • DocketNotice of Ruling; Filed by: Westlake Services, LLC (Plaintiff)

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  • 03/03/2021
  • DocketProof of Service by Mail; Filed by: Westlake Services, LLC (Plaintiff); As to: Azmi Alsanam (Defendant)

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  • 03/03/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 03/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/03/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/03/2021; Result Type to Held - Motion Granted

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  • 03/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/03/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/03/2021; Result Type to Held - Motion Granted

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  • 07/28/2020
  • DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: As To Parties changed from Azmi Alsanam (Defendant) to Azmi Alsanam (Defendant)

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  • 07/28/2020
  • DocketUpdated -- Declaration DECLARATION OF JOSHUA P FRIEDMAN IN SUPPORT OF PLAINTIFF?S MOTION TO COMPEL DISCOVERY, AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $2,185.00 AGAINST AZMI ALSANAM: As To Parties: removed

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  • 07/28/2020
  • DocketUpdated -- Proof of Service by Mail: As To Parties changed from Azmi Alsanam (Defendant) to Azmi Alsanam (Defendant)

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16 More Docket Entries
  • 04/18/2019
  • DocketProof of Service by Mail; Filed by: Azmi Alsanam (Defendant); As to: Westlake Services, LLC (Plaintiff); After Substituted Service of Summons & Complaint ?: No

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  • 04/18/2019
  • DocketAnswer; Filed by: Azmi Alsanam (Defendant)

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  • 01/31/2019
  • DocketNon-Jury Trial scheduled for 07/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/31/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/29/2019
  • DocketComplaint; Filed by: Westlake Services, LLC (Plaintiff); As to: Simple Auto Sales, a business entity of unknown form (Defendant); Azmi Alsanam (Defendant)

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  • 01/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff); As to: Simple Auto Sales, a business entity of unknown form (Defendant); Azmi Alsanam (Defendant)

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  • 01/29/2019
  • DocketSummons on Complaint; Issued and Filed by: Westlake Services, LLC (Plaintiff); As to: Simple Auto Sales, a business entity of unknown form (Defendant); Azmi Alsanam (Defendant)

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  • 01/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01012    Hearing Date: March 03, 2021    Dept: 26


Case Number: 20STLC00332    Hearing Date: March 03, 2021    Dept: 26

Avramov v. Trusted Hands Home Health Inc., et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson to the First Amened Cross-Complaint is CONTINUED TO MAY 5, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On January 13, 2020, Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust filed the instant action against Trusted Hands Home Health Inc. and Armine Yengibaryan. On April 2, 2020, Trusted Hands Home Health Inc. and Armine Yengibaryan (hereinafter “Cross-Complainants”) filed a Cross-Complaint against Avramov, VII Commercial Corporation and Todd Nathanson (hereinafter “Cross-Defendants”).

On August 27, 2020, the Court sustained Cross-Defendants’ demurrer to the Cross-Complaint with leave to amend the breach of contract cause of action, and without leave to amend the declaratory relief cause of action. Cross-Complainants filed the First Amended Cross-Complaint on September 21, 2020.

On October 13, 2020, Cross-Defendants filed the instant Demurrer to the First Amended Cross-Complaint. Cross-Complainants filed an opposition on January 8, 2021 and Cross-Defendants replied on January 13, 2021.

Discussion

The Court finds that the Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. Cross-Defendants’ counsel relies on the meet and confer effort with respect to the demurrer to the original Cross-Complainant. (Demurrer, Apollo Decl., ¶3.) The statute, however, requires the parties to meet and confer separately as to every amended pleading:

Before 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. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.

(Code Civ. Proc., § 430.41, subd. (a) (emphasis added).) The language of the statute is mandatory. Therefore, the Court will not hear the Demurrer to the First Amended Cross-Complaint unless the meet and confer requirement is satisfied.

Conclusion

Demurrer of Cross-Defendants Ilka K. Avramov, as Trustee of the Ilka K. Avramov & Bogidar V. Avramov Revocable Family Trust, VII Commercial Corporation and Todd Nathanson to the First Amened Cross-Complaint is CONTINUED TO MAY 5, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 10 COURT DAYS PRIOR TO THE NEW HEARING DATE, THE PARTIES ARE TO FILE A JOINT STATEMENT OF THE ISSUES, IF ANY, THAT REMAIN TO BE RESOLVED ON DEMURRER. THE JOINT STATEMENT IS NOT TO EXCEED FIVE (5) PAGES.

FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE DEMURRER BEING PLACED OFF CALENDAR.

Moving party to give notice.

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