On 04/02/2013 AAWESTWOOD LLC filed a Property - Other Real Property lawsuit against LIBERTAL ARTS 677 BENEVOLENT FOUNDATION IN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JAMES C. CHALFANT and DEBRE K. WEINTRAUB. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JAMES C. CHALFANT
DEBRE K. WEINTRAUB
ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR
DOES 1 THROUGH 5
LIBERAL ARTS 677 BENEVOLENT FOUNDATION
LEBOWSKY LAWRENCE M. ESQ.
5/21/2014: PLAINTIFF AND CROSS- DEFENDANT AAWESTW000, LLC?S EX PARTE APPLICATION TO OBTAIN ORDER SHORTENING TIME TO HEAR ITS MOTION TO COMPEL AND TO CONTINUE TRIAL AND PRETRIAL DISCOVERY AND OTHER PRETRIAL DATES
12/1/2014: Proof of Service
12/3/2014: ANSWER OF DEFENDANT AND CROSS COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUNDATION TO PLAINTIFF AND CR0SS -DEFENDANT AAWESTWOOD, LLC'S FIRST AMENDED VERIFIED COMPLAINT FOR: QUIET TITLE FORCIBLE ENTRY AN
12/11/2014: NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF AAWESTWOOD'S SECOND AMENDED COMPLAINT; ETC
12/11/2014: REQUEST FOR JUDICAL NOTICE
1/15/2015: NOTICE OF COURT'S RULING GRANTING PLAINTIFF'S EX PARTE APPLICATION
1/29/2015: NOTICE RE: CONTINUANCE OF HEARING
2/6/2015: DEFENDANT AND CROSS-COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUDATION?S TRIAL BRIEF
2/9/2015: Minute Order
2/24/2015: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE
2/24/2015: FIRST AMENDED TRIAL BRIEF OF AAWESTWOOD, LLC
2/26/2015: Minute Order
2/26/2015: FIRST CORRECTED JOINT TRIAL WITNESS LIST
5/18/2015: Minute Order
6/15/2015: DEFENDANT AND CROSS? COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUNDATION, INC.'S REQUEST FOR CLARIFICATION OF THE TENTATIVE RULING
9/9/2015: RECEIPT FOR EXHIBITS/RECORDS
6/21/2016: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)
8/11/2016: NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)
Objection Document (NTC OF CRT'S DENIAL OF LIBERAL ART'S MTN FOR ATTYS FEES ) Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Notice of Ruling Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Notice (OF CRT'S DENIAL OF LIBERAL ART'S MTN FOR ATTY FEES ) Filed by Attorney for Plaintiff/PetitionerRead MoreRead Less
Stip & Order-use CSR (LINDA LEE CSR 13568 ) Filed by Certified Shorthand ReporterRead MoreRead Less
Objection Document (EVIDENTIARY, ETC. ) Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Reply/Response Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Opposition Document Filed by Attorney for Plaintiff/PetitionerRead MoreRead Less
Motion (FEES ) Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Request for Judicial Notice Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Receipt for Exhibits (re defendants exhibits and 1 depo ) Filed by ClerkRead MoreRead Less
Answer to Cross-Complaint Filed by Atty for Plaintiff and Cross-DeftRead MoreRead Less
Answer to Complaint (Liberal Arts 677 Benevolent Founda tion, Inc., a California Non Profi t Mutual Benefit Corporation ) Filed by Attorney for Defendant/RespondentRead MoreRead Less
Cross-complaint (LIBERAL ARTS 677 BENEVOLENT FOUNDA TION, INC. ) Filed by Atty for Defendant and Cross-ComplRead MoreRead Less
Notice-Case Management Conference Filed by Attorney for Pltf/PetnrRead MoreRead Less
Notice-Case Management Conference Filed by ClerkRead MoreRead Less
Opposition Document (TO EX PARTE ) Filed by Attorney for Deft/RespntRead MoreRead Less
Ex-Parte Application (FOR TRO AND OSC ) Filed by Attorney for Pltf/PetnrRead MoreRead Less
ComplaintRead MoreRead Less
Order (TRIAL PREPARATION ORDER ) Filed by CourtRead MoreRead Less
Opposition Document Filed by Atty for Plaintiff and Cross-DeftRead MoreRead Less
Case Number: BC504513 Hearing Date: January 31, 2020 Dept: 47
AA Westwood, LLC v. Liberal Arts 677 Benevolent Foundation, Inc.
MOTION FOR ORDER TO DETERMINE AMOUNT OF UNDERTAKING TO EXTINGUISH NOTICE OF CREDITOR’S LIEN
MOVING PARTY: Plaintiff AA Westwood, LLC
RESPONDING PARTY(S): Defendant Liberal Arts 677 Benevolent Foundation, Inc.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
This was a quiet title action seeking to enforce a parking covenant (easement and right to use six parking spaces in rear of Defendant/Cross-Complainant’s (“Defendant’s”) building for the benefit of Plaintiff/Cross-Defendant’s (“Plaintiff’s”) tenants) allegedly running in favor of Plaintiff’s benefitted parcel against Defendant’s burdened parcel. Defendant unilaterally purported to terminate the parking covenant.
Defendant filed a cross-complaint alleging that Defendant never entered into any covenant, and that the form including the covenant was recorded contrary to an agreement between Plaintiff’s predecessor and Defendant.
Judgment was entered in August 2015, and Defendant was awarded attorney’s fees as the prevailing party in February 2019.
Plaintiff now seeks an order to determine the amount of undertaking to extinguish notice of a creditor’s lien.
Plaintiff AAWestwood, LLC’s motion for order to determine amount of undertaking to extinguish notice of creditor’s lien is DENIED.
On February 21, 2019, this Court granted the Foundation’s motions for attorney’s fees, resulting in an enforceable money judgment in its favor in the amount of $280,000. On February 27, 2019, the Foundation filed a Notice of Lien against AAWestwood in another pending action, AAWestwood v. Haines, BC630802, which is pending in Department 71 of this Court and in which AAWestwood sued the prior owner of the property at issue in this case. On February 28, 2019, AAWestwood appealed this Court’s judgment.
On April 11, 2019, according to the Foundation, AAWestwood and Haines entered into a “secret” settlement agreement in which Haines agreed to pay AAWestwood $30,000. (Declaration of Lawrence M. Lebowsky, Exh. 2.) AAWestwood has twice filed a motion to authorize the settlement, with the latest motion to be heard in Department 71 on February 3, 2020. With that motion, AAWestwood seeks to prevent Department 71 from ordering the proceeds paid to the Foundation pursuant to the Notice of Lien. With this motion, AAWestwood seeks to provide an undertaking so that this Court will extinguish the lien.
AAWestwood has pointed to no authority under which it would be appropriate for the Court to take this action. As elucidated in the Foundation’s opposition, CCP § 697.040 provides that “[i]f enforcement of the judgment is stayed on appeal by the giving of a sufficient undertaking under Chapter 2 (commencing with Section 916) of Title 13: (1) Existing liens created under this division are extinguished.” (CCP § 697.040(a)(1). Here, however, AAWestwood did not give an undertaking to stay enforcement of the appeal. The Court is aware of no authority that would allow it to determine that AAWestwood could provide an undertaking of $30,000 (or any other amount) at this stage to extinguish an existing lien.
Accordingly, the motion is DENIED.
Moving party to give notice.
IT IS SO ORDERED.
Dated: January 31, 2020 ___________________________________
Randolph M. Hammock
Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part