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.
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12/11/2013
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JOSEPH R. KALIN
JOHN L. SEGAL
TERESA A. BEAUDET
KIRAKOSIAN ALBERT
AMERICAN BEST ENGINEERING INC.
AVAKIAN ENGINEERING INC.
AVAKIAN SERGIK
AVAKIAN SEVAK
DOES 1 THROUGH 100
AVAKIAN ENGINEERING INC. (DOE 1)
DER-PARSEGHIAN LAW GROUP
MANOOKIAN & KESHISHIAN APLC
GILANIANS ALEX LAW OFFICES OF
AJALAT SOL PETER ESQ.
SUSY KOSHKAKARYAN
1/2/2014: PROOF OF SERVICE OF SUMMONS
2/5/2014: PROOF OF SERVICE SUMMONS
2/13/2014: REQUEST FOR ENTRY OF DEFAULT
5/28/2014: AMENDMENT TO COMPLAINT (FICTITIOUS ILNCORRECT NAME)
11/12/2014: DEFENDANT SEVAK AVAKIAN'S ANSWER TO PLAINTIFF'S UNVERIFIED COMPLAINT
12/21/2015: EX PARTE APPLICATION FOR CONTINUANCE OF TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF SOL P. AJALAT
12/24/2015: ORDER
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,
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
1/12/2016: Minute Order
4/6/2016: Minute Order
9/1/2016: NOTICE OF UNAVAILABILITY OF COUNSEL
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
10/3/2016: DECLARATION OF MARY DER-PARSEGHIAN IN SUPPORT OF OPPOSITION TO MOTION FOR JUDGMENT ON THE PLEADINGS
8/1/2017: SUBSTITUTION OF ATTORNEY
9/29/2017: Minute Order
11/7/2017: Minute Order
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
Notice of Bankruptcy Stay (OF PROCEEDINGS AS TO DEFENDANT SERGIK AVAKIAN ) Filed by Attorney for Defendant/Respondent
Order Filed by Court
Substitution of Attorney Filed by Attorney for Defendant/Respondent
Amended Answer Filed by Attorney for Defendant/Respondent
Reply/Response (TO PLTF'S. OPP.TO DEFT'S MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER ) Filed by Attorney for Defendant/Respondent
Opposition Document (TO DEFT'S.MOTION FOR LEAVE TO FILE A 1ST AMENDED ANSWER TO COMPLAINT; ) Filed by Attorney for Plaintiff/Petitioner
Notice of Ruling Filed by Attorney for Deft/Respnt
Order Filed by Court
Ex-Parte Application (RE LEAVE TO FILE FIRST AMENDED ANSWER ) Filed by Attorney for Defendant/Respondent
Declaration (OF SOL P. AJALAT ) Filed by Attorney for Defendant/Respondent
Proof of Service Filed by Attorney for Plaintiff/Petitioner
Amendment to Complaint (DOE 1 : AVAKIAN ENGINEERING, INC. A CALIFORNIA CORPORATION ) Filed by Attorney for Plaintiff/Petitioner
Request to Enter Default (REJECT FOR AVAKIAN- NOT A NAMED DEFT ON COMPLAINT. ) Filed by Attorney for Pltf/Petnr
Request to Enter Default (REJECT FOR AMERICAN- #21.30. MANNER OF SERVICE SHOULD BE PERSONAL SERVICE. ) Filed by Attorney for Pltf/Petnr
Default Entered (AS SEVAK AVAKIAN . **PER COURT'S 10/31/14 ORDER, DEFAULT IS VACATED AND SET ASIDE** ) Filed by Attorney for Pltf/Petnr
Default Entered (AS SERGIK AVAKIAN . ** PER COURT'S 10/31/14 ORDER, DEFAULT IS VACATED AND SET ASIDE** ) Filed by Attorney for Pltf/Petnr
Proof of Service Filed by Attorney for Plaintiff/Petitioner
Proof-Service/Summons Filed by Attorney for Plaintiff/Petitioner
Notice-Case Management Conference Filed by Clerk
Complaint
Case Number: BC530228 Hearing Date: December 19, 2019 Dept: 50
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albert kirakosian, Plaintiff, vs. american best engineering, inc., et al., Defendants. |
Case No.: |
BC 530228 |
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Hearing Date: |
December 19, 2019 |
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Hearing Time: |
8:30 a.m. |
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[TENTATIVE] ORDER RE:
PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT
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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
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albert kirakosian, Plaintiff, vs. american best engineering, inc., et al., Defendants. |
Case No.: |
BC 530228 |
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Hearing Date: |
December 6, 2019 |
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Hearing Time: |
8:30 a.m. |
|
|
[TENTATIVE] ORDER RE:
PLAINTIFF’S REQUEST FOR DEFAULT JUDGMENT
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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
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albert kirakosian, Plaintiff, vs. american best engineering, inc., et al., Defendants. |
Case No.: |
BC 530228 |
|
Hearing Date: |
October 24, 2019 |
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|
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