This case was last updated from Los Angeles County Superior Courts on 04/09/2016 at 18:40:13 (UTC).

ALBERT KIRAKOSIAN VS AMERICAN BEST ENGINEERING INC ET AL

Case Summary

On 12/11/2013 ALBERT KIRAKOSIAN filed a Contract - Other Contract lawsuit against AMERICAN BEST ENGINEERING INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JOSEPH R. KALIN, JOHN L. SEGAL and TERESA A. BEAUDET. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0228

  • Filing Date:

    12/11/2013

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JOSEPH R. KALIN

JOHN L. SEGAL

TERESA A. BEAUDET

 

Party Details

Plaintiff and Petitioner

KIRAKOSIAN ALBERT

Defendants and Respondents

AMERICAN BEST ENGINEERING INC.

AVAKIAN ENGINEERING INC.

AVAKIAN SERGIK

AVAKIAN SEVAK

DOES 1 THROUGH 100

AVAKIAN ENGINEERING INC. (DOE 1)

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

DER-PARSEGHIAN LAW GROUP

Defendant and Respondent Attorneys

MANOOKIAN & KESHISHIAN APLC

GILANIANS ALEX LAW OFFICES OF

AJALAT SOL PETER ESQ.

SUSY KOSHKAKARYAN

 

Court Documents

PROOF OF SERVICE OF SUMMONS

1/2/2014: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE SUMMONS

2/5/2014: PROOF OF SERVICE SUMMONS

REQUEST FOR ENTRY OF DEFAULT

2/13/2014: REQUEST FOR ENTRY OF DEFAULT

AMENDMENT TO COMPLAINT (FICTITIOUS ILNCORRECT NAME)

5/28/2014: AMENDMENT TO COMPLAINT (FICTITIOUS ILNCORRECT NAME)

DEFENDANT SEVAK AVAKIAN'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

11/12/2014: DEFENDANT SEVAK AVAKIAN'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT

EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SOL P. AJALAT

12/21/2015: EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SOL P. AJALAT

ORDER

12/24/2015: ORDER

PLAINTIFF ALBERT KIRAKOSIAN'S OPPOSITION TO DEFENDANT SERGIK AVAKIAN'S AND AVAKIAN ENGINEERING, INC'S EX PARTE APPLICATION FOR LEAVE TO FILE A FIRST AMENDED ANSWER TO COMPLAINT OR IN THE ALTERNATIVE,

12/24/2015: PLAINTIFF ALBERT KIRAKOSIAN'S OPPOSITION TO DEFENDANT SERGIK AVAKIAN'S AND AVAKIAN ENGINEERING, INC'S EX PARTE APPLICATION FOR LEAVE TO FILE A FIRST AMENDED ANSWER TO COMPLAINT OR IN THE ALTERNATIVE,

PLAINTIFF ALBERT KIRAKOSIAN'S OPPOSITION TO DEFENDANT SERGIK AVAKIAN'S AND AVAKIAN ENGINEERING, INC'S MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWER TO COMPLAINT

12/30/2015: PLAINTIFF ALBERT KIRAKOSIAN'S OPPOSITION TO DEFENDANT SERGIK AVAKIAN'S AND AVAKIAN ENGINEERING, INC'S MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWER TO COMPLAINT

Minute Order

1/12/2016: Minute Order

Minute Order

4/6/2016: Minute Order

NOTICE OF UNAVAILABILITY OF COUNSEL

9/1/2016: NOTICE OF UNAVAILABILITY OF COUNSEL

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS SEVAK AVAKIAN'S AND AVAKIAN ENGINEERING, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS

9/22/2016: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS SEVAK AVAKIAN'S AND AVAKIAN ENGINEERING, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS

DECLARATION OF MARY DER-PARSEGHIAN IN SUPPORT OF OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS

10/3/2016: DECLARATION OF MARY DER-PARSEGHIAN IN SUPPORT OF OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS

SUBSTITUTION OF ATTORNEY

8/1/2017: SUBSTITUTION OF ATTORNEY

Minute Order

9/29/2017: Minute Order

Minute Order

11/7/2017: Minute Order

DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR ORDER ADVANCING, AND SPECIALLY SETTING HEARING ON PLAINTIFF'S MOTION FOR ENFORCEMENT OF SETTLEMENT

12/19/2017: DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR ORDER ADVANCING, AND SPECIALLY SETTING HEARING ON PLAINTIFF'S MOTION FOR ENFORCEMENT OF SETTLEMENT

108 More Documents Available

 

Docket Entries

  • 02/24/2016
  • Notice of Bankruptcy Stay (OF PROCEEDINGS AS TO DEFENDANT SERGIK AVAKIAN ) Filed by Attorney for Defendant/Respondent

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  • 01/12/2016
  • Order Filed by Court

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  • 01/12/2016
  • Substitution of Attorney Filed by Attorney for Defendant/Respondent

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  • 01/12/2016
  • Amended Answer Filed by Attorney for Defendant/Respondent

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  • 01/05/2016
  • Reply/Response (TO PLTF'S. OPP.TO DEFT'S MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER ) Filed by Attorney for Defendant/Respondent

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  • 12/30/2015
  • Opposition Document (TO DEFT'S.MOTION FOR LEAVE TO FILE A 1ST AMENDED ANSWER TO COMPLAINT; ) Filed by Attorney for Plaintiff/Petitioner

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  • 12/29/2015
  • Notice of Ruling Filed by Attorney for Deft/Respnt

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  • 12/24/2015
  • Order Filed by Court

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  • 12/24/2015
  • Ex-Parte Application (RE LEAVE TO FILE FIRST AMENDED ANSWER ) Filed by Attorney for Defendant/Respondent

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  • 12/24/2015
  • Declaration (OF SOL P. AJALAT ) Filed by Attorney for Defendant/Respondent

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26 More Docket Entries
  • 06/10/2014
  • Proof of Service Filed by Attorney for Plaintiff/Petitioner

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  • 05/28/2014
  • Amendment to Complaint (DOE 1 : AVAKIAN ENGINEERING, INC. A CALIFORNIA CORPORATION ) Filed by Attorney for Plaintiff/Petitioner

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  • 03/21/2014
  • Request to Enter Default (REJECT FOR AVAKIAN- NOT A NAMED DEFT ON COMPLAINT. ) Filed by Attorney for Pltf/Petnr

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  • 03/21/2014
  • Request to Enter Default (REJECT FOR AMERICAN- #21.30. MANNER OF SERVICE SHOULD BE PERSONAL SERVICE. ) Filed by Attorney for Pltf/Petnr

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  • 02/13/2014
  • Default Entered (AS SEVAK AVAKIAN . **PER COURT'S 10/31/14 ORDER, DEFAULT IS VACATED AND SET ASIDE** ) Filed by Attorney for Pltf/Petnr

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  • 02/13/2014
  • Default Entered (AS SERGIK AVAKIAN . ** PER COURT'S 10/31/14 ORDER, DEFAULT IS VACATED AND SET ASIDE** ) Filed by Attorney for Pltf/Petnr

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  • 02/05/2014
  • Proof of Service Filed by Attorney for Plaintiff/Petitioner

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  • 01/02/2014
  • Proof-Service/Summons Filed by Attorney for Plaintiff/Petitioner

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  • 12/17/2013
  • Notice-Case Management Conference Filed by Clerk

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  • 12/11/2013
  • Complaint

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Tentative Rulings

Case Number: BC530228    Hearing Date: December 19, 2019    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

albert kirakosian,

Plaintiff,

vs.

american best engineering, inc., et al.,

Defendants.

Case No.:

BC 530228

Hearing Date:

December 19, 2019

Hearing Time:

8:30 a.m.

[TENTATIVE] ORDER RE:

PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

Plaintiff Albert Kirakosian (“Plaintiff”) requests entry of default judgment against Defendants Sevak Avakian (“Sevak”), American Best Engineering, Inc., and Avakian Engineering, Inc. (Avakian Engineering).[1]

First, the Court notes that Plaintiff has again failed to file mandatory Request for Entry of Default (Application to Enter Default) (Form CIV-100). Additionally, the Proposed Judgment refers to attachment 5(a) but there is no such attachment.

Second, Plaintiff has not provided any evidence as to the claim against Sevak or Avakian Engineering. For example, there is no evidence of any contract signed by Sevak as an individual or by Avakian Engineering; there is no evidence identified regarding any fraud by Sevak and Avakian Engineering. To the extent that a claim is being made regarding alter ego, there is no evidence presented as to alter ego.

Third, even if a fraud cause of action was supported by evidence, there is no meaningful evidence of defendants’ financial condition to support an award for punitive damages. (Adams v. Murakami (1991) 54 Cal.3d 105, 114 [evidence of defendant’s financial condition required to support punitive damages]; Lara v. Cadag (1993) 13 Cal.App.4th 1061, 1064-1065 [meaningful evidence required and evidence of earnings is not by itself sufficient].)

Based on the foregoing, Plaintiff’s request for default judgment is denied without prejudice. The Clerk will discuss with Plaintiff a schedule for submission of a new default judgment package.

DATED: December 19, 2019 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


[1] The Court notes that default judgment is not requested against Defendant Sergik Avakian because of a pending bankruptcy case.

Case Number: BC530228    Hearing Date: December 06, 2019    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

albert kirakosian,

Plaintiff,

vs.

american best engineering, inc., et al.,

Defendants.

Case No.:

BC 530228

Hearing Date:

December 6, 2019

Hearing Time:

8:30 a.m.

[TENTATIVE] ORDER RE:

PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

Plaintiff Albert Kirakosian (“Plaintiff”) requests entry of default judgment against Defendants Sevak Avakian, American Best Engineering, Inc., and Avakian Engineering, Inc.[1]

The Court notes a number of defects with Plaintiff’s submission. First, Plaintiff failed to file mandatory Request for Entry of Default (Application to Enter Default) (Form CIV-100) and failed to file a dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment. Second, the proposed judgment indicates that prejudgment interest is being requested but no declaration supporting the computation of prejudgment interest was submitted. (CRC 3.1800(a).) Third, the Court notes that Plaintiff has provided a declaration explaining loss or unavailability of the original promissory note, but Plaintiff failed to include a proposed order to accept a copy in lieu of the original. (CRC 3.1806.)

Based on the foregoing, Plaintiff’s request for default judgment is denied without prejudice. The Clerk will discuss with Plaintiff a schedule for submission of a new default judgment package.

DATED: December 6, 2019 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


[1] The Court notes that default judgment is not requested against Defendant Sergik Avakian because of a pending bankruptcy case.

Case Number: BC530228    Hearing Date: October 24, 2019    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

albert kirakosian,

Plaintiff,

vs.

american best engineering, inc., et al.,

Defendants.

Case No.:

BC 530228

Hearing Date:

October 24, 2019

Hearing Time:

8:30 a.m.

[TENTATIVE] ORDER RE:

PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT

Plaintiff Albert Kirakosian (“Plaintiff”) requests entry of default judgment against Defendants Sevak Avakian, American Best Engineering, Inc., and Avakian Engineering, Inc.

The Court notes a number of defects with Plaintiff’s submission. First, the only document filed in support of the request for default judgment was Plaintiff’s declaration. Plaintiff failed to file mandatory Request for Entry of Default (Application to Enter Default) (Form CIV-100), a proposed form of judgment, a dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment, and any information regarding a request for attorney fees, prejudgment interest, and costs. (CRC 3.1800(a).) Second, this appears to be an action on a promissory note; however, Plaintiff failed to include the original of the promissory note. In lieu of the original, Plaintiff may also provide a declaration explaining loss or unavailability, along with a proposed order to accept a copy in lieu of the original. (CRC 3.1806.) Third, Plaintiff cannot obtain a default judgment against Sevak Avakian while the bankruptcy stay is in place.

Based on the foregoing, Plaintiff’s request for default judgment is denied without prejudice. The Clerk will discuss with Plaintiff a schedule for submission of a new default judgment package.

DATED: October 24, 2019 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court