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This case was last updated from Los Angeles County Superior Courts on 01/31/2021 at 16:46:16 (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)

AMERICAN BEST ENGINEERING INC. AKA AVAKIAN ENGINEERING INC. A CALIFORNIA CORPORATION

AVAKIAN ENGINEERING INC. DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DER-PARSEGHIAN LAW GROUP

HITTELMAN PAUL M

Defendant and Respondent Attorneys

MANOOKIAN & KESHISHIAN APLC

GILANIANS ALEX LAW OFFICES OF

AJALAT SOL PETER ESQ.

SUSY KOSHKAKARYAN

GILANIANS ALEXANDER

 

Court Documents

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE DEFALUT JUDGMENT PACKAGE; STATUS CONFERE...)

8/20/2020: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE DEFALUT JUDGMENT PACKAGE; STATUS CONFERE...)

ORDER RE: MOTION OF PLAINTIFF ALBERT KIRAKOSIAN FOR ORDER ENFORCING SETTLEMENT (CCP ?664.6) AND AWARDING ATTORNEYS' FEES AND COSTS OF $9.410.00 TO MOVING PARTY PER CONTRACT AND CCP ?128.5

2/20/2018: ORDER RE: MOTION OF PLAINTIFF ALBERT KIRAKOSIAN FOR ORDER ENFORCING SETTLEMENT (CCP ?664.6) AND AWARDING ATTORNEYS' FEES AND COSTS OF $9.410.00 TO MOVING PARTY PER CONTRACT AND CCP ?128.5

NOTICE OF RENEWAL OF DEFENDANT SERGIK AVAKIAN?S MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE OF DEFENDANT SERGIK AVAKIAN?S LIABILITY FOR ANY ALLEGED DEBT OWED TO PLAINTIFF

9/17/2018: NOTICE OF RENEWAL OF DEFENDANT SERGIK AVAKIAN?S MOTION IN LIMINE TO EXCLUDE ANY EVIDENCE OF DEFENDANT SERGIK AVAKIAN?S LIABILITY FOR ANY ALLEGED DEBT OWED TO PLAINTIFF

Statement of the Case

10/18/2019: Statement of the Case

Minute Order - MINUTE ORDER (COURT ORDER)

2/27/2020: Minute Order - MINUTE ORDER (COURT ORDER)

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

Minute Order -

1/12/2016: Minute Order -

Minute Order -

4/6/2016: Minute Order -

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

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

186 More Documents Available

 

Docket Entries

  • 11/05/2020
  • Docketat 4:00 PM in Department 50, Teresa A. Beaudet, Presiding; Non-Appearance Case Review (re submission of default judgment package and default judgment) - Held

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  • 11/05/2020
  • DocketMinute Order ( (Non-Appearance Case Review re submission of default judgment ...)); Filed by Clerk

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  • 11/05/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review re submission of default judgment ...) of 11/05/2020); Filed by Clerk

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  • 10/22/2020
  • Docketat 10:00 AM in Department 50, Teresa A. Beaudet, Presiding; Status Conference (re Defalut Judgment Package) - Held - Continued

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  • 10/22/2020
  • Docketat 10:00 AM in Department 50, Teresa A. Beaudet, Presiding; Order to Show Cause Re: Dismissal (for failure to obey the Court's orders and abandoning the case) - Held

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  • 10/22/2020
  • Docketat 10:00 AM in Department 50, Teresa A. Beaudet, Presiding; Status Conference Re: Bankruptcy (of Sergik Avakian) - Held

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  • 10/22/2020
  • DocketMinute Order ( (Status Conference Re: Bankruptcy of Sergik Avakian; Status Co...)); Filed by Clerk

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  • 10/19/2020
  • DocketSupplemental Declaration (Supplemental Declaration of Plaintiff Albert Kirakosian Responding to the Court's Order to Show Cause Re Dismissal); Filed by Albert Kirakosian (Plaintiff)

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  • 10/15/2020
  • DocketDeclaration (of Paul M. Hittelman responding to the Court's Order to Show Cause re Dismissal for Failure to Submit Default Judgment Package); Filed by Albert Kirakosian (Plaintiff)

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  • 08/20/2020
  • Docketat 10:00 AM in Department 50, Teresa A. Beaudet, Presiding; Status Conference (re Defalut Judgment Package) - Held - Continued

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432 More Docket Entries
  • 01/02/2014
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 01/02/2014
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 01/02/2014
  • DocketProof-Service/Summons; Filed by Albert Kirakosian (Plaintiff)

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  • 01/02/2014
  • DocketProof-Service/Summons; Filed by Albert Kirakosian (Plaintiff)

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  • 12/17/2013
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 12/17/2013
  • DocketORDER TO SHOW CAUSE FOR FAILURE TO FILE PROOF OF SERVICE

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  • 12/17/2013
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/11/2013
  • DocketSUMMONS

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  • 12/11/2013
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. BREACH OF CONTRACT; ETC

    Read MoreRead Less
  • 12/11/2013
  • DocketComplaint; Filed by Albert Kirakosian (Plaintiff)

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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

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