This case was last updated from Los Angeles County Superior Courts on 03/12/2016 at 15:01:58 (UTC).

AAWESTWOOD LLC VS LIBERTAL ARTS 677 BENEVOLENT FOUNDATION IN

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4513

  • Filing Date:

    04/02/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JAMES C. CHALFANT

DEBRE K. WEINTRAUB

 

Party Details

Plaintiff and Petitioner

AAWESTWOOD LLC

Defendants and Respondents

ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR

DOES 1 THROUGH 5

LIBERAL ARTS 677 BENEVOLENT FOUNDATION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

COHEN LOTTIE

Defendant and Respondent Attorney

LEBOWSKY LAWRENCE M. ESQ.

 

Court Documents

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

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

Proof of Service

12/1/2014: Proof of Service

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

12/3/2014: 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

NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF AAWESTWOOD'S SECOND AMENDED COMPLAINT; ETC

12/11/2014: NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF AAWESTWOOD'S SECOND AMENDED COMPLAINT; ETC

REQUEST FOR JUDICAL NOTICE

12/11/2014: REQUEST FOR JUDICAL NOTICE

NOTICE OF COURT'S RULING GRANTING PLAINTIFF'S EX PARTE APPLICATION

1/15/2015: NOTICE OF COURT'S RULING GRANTING PLAINTIFF'S EX PARTE APPLICATION

NOTICE RE: CONTINUANCE OF HEARING

1/29/2015: NOTICE RE: CONTINUANCE OF HEARING

DEFENDANT AND CROSS-COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUDATION?S TRIAL BRIEF

2/6/2015: DEFENDANT AND CROSS-COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUDATION?S TRIAL BRIEF

Minute Order

2/9/2015: Minute Order

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

2/24/2015: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

FIRST AMENDED TRIAL BRIEF OF AAWESTWOOD, LLC

2/24/2015: FIRST AMENDED TRIAL BRIEF OF AAWESTWOOD, LLC

Minute Order

2/26/2015: Minute Order

FIRST CORRECTED JOINT TRIAL WITNESS LIST

2/26/2015: FIRST CORRECTED JOINT TRIAL WITNESS LIST

Minute Order

5/18/2015: Minute Order

DEFENDANT AND CROSS? COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUNDATION, INC.'S REQUEST FOR CLARIFICATION OF THE TENTATIVE RULING

6/15/2015: DEFENDANT AND CROSS? COMPLAINANT LIBERAL ARTS 677 BENEVOLENT FOUNDATION, INC.'S REQUEST FOR CLARIFICATION OF THE TENTATIVE RULING

RECEIPT FOR EXHIBITS/RECORDS

9/9/2015: RECEIPT FOR EXHIBITS/RECORDS

NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

6/21/2016: NOTICE OF FILING OF NOTICE OF APPEAL (UNLIMITED JURISDICTION)

NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

8/11/2016: NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

110 More Documents Available

 

Docket Entries

  • 02/17/2016
  • Objection Document (NTC OF CRT'S DENIAL OF LIBERAL ART'S MTN FOR ATTYS FEES ) Filed by Atty for Defendant and Cross-Compl

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  • 02/17/2016
  • Notice of Ruling Filed by Atty for Defendant and Cross-Compl

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  • 02/02/2016
  • Notice (OF CRT'S DENIAL OF LIBERAL ART'S MTN FOR ATTY FEES ) Filed by Attorney for Plaintiff/Petitioner

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  • 02/01/2016
  • Stip & Order-use CSR (LINDA LEE CSR 13568 ) Filed by Certified Shorthand Reporter

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  • 01/28/2016
  • Objection Document (EVIDENTIARY, ETC. ) Filed by Atty for Defendant and Cross-Compl

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  • 01/25/2016
  • Reply/Response Filed by Atty for Defendant and Cross-Compl

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  • 01/15/2016
  • Opposition Document Filed by Attorney for Plaintiff/Petitioner

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  • 10/16/2015
  • Motion (FEES ) Filed by Atty for Defendant and Cross-Compl

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  • 10/16/2015
  • Request for Judicial Notice Filed by Atty for Defendant and Cross-Compl

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  • 09/09/2015
  • Receipt for Exhibits (re defendants exhibits and 1 depo ) Filed by Clerk

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62 More Docket Entries
  • 05/31/2013
  • Answer to Cross-Complaint Filed by Atty for Plaintiff and Cross-Deft

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  • 05/02/2013
  • Answer to Complaint (Liberal Arts 677 Benevolent Founda tion, Inc., a California Non Profi t Mutual Benefit Corporation ) Filed by Attorney for Defendant/Respondent

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  • 05/02/2013
  • Cross-complaint (LIBERAL ARTS 677 BENEVOLENT FOUNDA TION, INC. ) Filed by Atty for Defendant and Cross-Compl

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  • 04/25/2013
  • Notice-Case Management Conference Filed by Attorney for Pltf/Petnr

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  • 04/22/2013
  • Notice-Case Management Conference Filed by Clerk

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  • 04/02/2013
  • Opposition Document (TO EX PARTE ) Filed by Attorney for Deft/Respnt

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  • 04/02/2013
  • Ex-Parte Application (FOR TRO AND OSC ) Filed by Attorney for Pltf/Petnr

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  • 04/02/2013
  • Complaint

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  • 04/01/2013
  • Order (TRIAL PREPARATION ORDER ) Filed by Court

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  • 03/09/2005
  • Opposition Document Filed by Atty for Plaintiff and Cross-Deft

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Tentative Rulings

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.

TENTATIVE RULING:

Plaintiff AAWestwood, LLC’s motion for order to determine amount of undertaking to extinguish notice of creditor’s lien is DENIED.

DISCUSSION:

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