This case was last updated from Los Angeles County Superior Courts on 03/09/2020 at 16:19:04 (UTC).

CHARLES MAGDESIAN VS SHUNXING LIU

Case Summary

On 06/15/2016 CHARLES MAGDESIAN filed a Contract - Other Contract lawsuit against SHUNXING LIU. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are PETER A. HERNANDEZ and DUKES, ROBERT A.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8514

  • Filing Date:

    06/15/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PETER A. HERNANDEZ

DUKES, ROBERT A.

 

Party Details

Plaintiffs and Not Classified By Court

THE CHARLES AND CATHERNINE MAGDESIAN

MAGDESIAN CHARLES

Defendants

CHEN NANCY

YU RICAHRDI

LIU SHUNXING

JIANG PEI LIU

YU RICAHRD

YU RICHARD

Attorney/Law Firm Details

Plaintiff Attorneys

WILDISH DANIEL R. ESQ.

WILDISH DANIEL ROBERT ESQ.

Defendant Attorneys

ECOFF LAWRENCE C. ESQ.

GRAHAM CURTIS A. ESQ. SPECIAL APPEARANCE

ECOFF LAWRENCE CRAIG

Other Attorneys

ECOFF LAWRENCE CRAIG ESQ.

 

Court Documents

Request for Dismissal

6/24/2019: Request for Dismissal

Motion to Compel - Motion to Compel Deft. Nancy Chen to Appear at Deposition

11/20/2018: Motion to Compel - Motion to Compel Deft. Nancy Chen to Appear at Deposition

Motion re: - MOTION RE: FOR ENTRY OF JUDGMENT

9/18/2019: Motion re: - MOTION RE: FOR ENTRY OF JUDGMENT

Reply - REPLY TO OPP'N TO MOTION FOR ENTRY OF JUDGMENT

11/19/2019: Reply - REPLY TO OPP'N TO MOTION FOR ENTRY OF JUDGMENT

Order - ORDER TENTATIVE RULING

5/16/2019: Order - ORDER TENTATIVE RULING

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

7/18/2016: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Legacy Document - LEGACY DOCUMENT TYPE: Notice of Hearing

8/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: Notice of Hearing

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

11/8/2016: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Notice of Ruling

8/3/2017: Notice of Ruling

Legacy Document - LEGACY DOCUMENT TYPE: Stipulation and Order

9/28/2017: Legacy Document - LEGACY DOCUMENT TYPE: Stipulation and Order

Case Management Statement

11/29/2017: Case Management Statement

Notice - Notice Continuance of Hearing

1/25/2018: Notice - Notice Continuance of Hearing

Notice Re: Continuance of Hearing and Order

1/31/2018: Notice Re: Continuance of Hearing and Order

Minute Order - Minute order entered: 2018-04-19 00:00:00

4/19/2018: Minute Order - Minute order entered: 2018-04-19 00:00:00

Substitution of Attorney

5/15/2018: Substitution of Attorney

Separate Statement

11/20/2018: Separate Statement

Minute Order - Minute Order (Ruling on Submitted Matter;)

12/20/2018: Minute Order - Minute Order (Ruling on Submitted Matter;)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

4/2/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

109 More Documents Available

 

Docket Entries

  • 04/01/2020
  • Hearing04/01/2020 at 08:30 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Hearing on Motion to Enforce Settlement

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  • 01/28/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion to Enforce Settlement - Held - Continued

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  • 01/28/2020
  • DocketMinute Order ( (Hearing on Plaintiffs' Motion to Enforce Settlement;)); Filed by Clerk

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  • 01/22/2020
  • DocketOpposition (to Supplemental Points and Authorities in Support of Motion for Entry of Judgment); Filed by RICHARD YU (Defendant); NANCY CHEN (Defendant)

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  • 01/17/2020
  • DocketMemorandum of Points & Authorities; Filed by THE CHARLES AND CATHERNINE MAGDESIAN (Plaintiff); CHARLES MAGDESIAN (Plaintiff)

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  • 11/26/2019
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion to Enforce Settlement - Held - Continued

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  • 11/26/2019
  • DocketStipulation and Order to use Certified Shorthand Reporter

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  • 11/26/2019
  • DocketMinute Order ( (Hearing on Plaintiff's Motion to Enforce Settlement;)); Filed by Clerk

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  • 11/19/2019
  • DocketReply (to Opp'n to Motion for Entry of Judgment); Filed by THE CHARLES AND CATHERNINE MAGDESIAN (Plaintiff); CHARLES MAGDESIAN (Plaintiff)

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  • 11/19/2019
  • DocketDeclaration (In Support of Reply to Opp'n to Motion for Entry of Judgment); Filed by THE CHARLES AND CATHERNINE MAGDESIAN (Plaintiff); CHARLES MAGDESIAN (Plaintiff)

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196 More Docket Entries
  • 07/18/2016
  • DocketRtn of Service of Summons & Compl; Filed by Attorney for Plaintiff

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  • 07/18/2016
  • DocketRtn of Service of Summons & Compl; Filed by CHARLES MAGDESIAN (Plaintiff)

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  • 07/18/2016
  • DocketRtn of Service of Summons & Compl; Filed by CHARLES MAGDESIAN (Plaintiff)

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  • 06/17/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/17/2016
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 06/15/2016
  • DocketNotice (Pendency)

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  • 06/15/2016
  • DocketCivil Case Cover Sheet (Addendum and Statement of Location)

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  • 06/15/2016
  • DocketSummons (on Complaint)

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  • 06/15/2016
  • DocketComplaint; Filed by CHARLES MAGDESIAN (Plaintiff)

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  • 06/15/2016
  • DocketComplaint Filed

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Tentative Rulings

Case Number: KC068514    Hearing Date: November 26, 2019    Dept: O

Plaintiff Charles Magdesian’s motion for enforcement of settlement agreement is GRANTED.

Plaintiff Charles Magdesian (“Plaintiff”) moves to enforce settlement pursuant to Code of Civil Procedure section 664.6:

If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(CCP § 664.6.) The agreement must be sufficiently definite to enable courts to give it an exact meaning. If an essential element is reserved for future agreement, it is not sufficiently definite. (See Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4th 793, 810-812.)

The Court finds that the settlement agreement (“Agreement”) is sufficiently definite and signed by Plaintiff and Defendants Richard Chen and Nancy Yu (“Defendants”). (See Declaration of Charles Smith (“Smith Decl.”) ¶ 2, Exhibit (“Exh.”) 1.) Paragraph 9 specifically provides that the parties agree that the Court shall retain jurisdiction over this action and the Agreement pursuant to section 664.6 and that the aggrieved party shall be entitled to recover costs from the breaching party.

The Agreement provides in relevant part that:

  1. Plaintiff agrees to use all reasonable efforts and diligence to complete the Lot Split Subdivision Process;

  2. Defendants shall have 10 business days from receipt of all necessary documents to authorize transfer of the Subject Area from the Subject Property into the adjacent land, to effect the lot split, or to communicate any issues relating to the Lot Split or Lot Split Process, and the time period for Defendants to sign the Documents shall be extended 30 days to facilitate resolving the issues in good faith;

  3. The parties may agree in writing to extend this time period further;

  4. The parties shall work jointly, in good faith, to resolve any issues concerning the Lot Split and Lot Split Process, including the contents of any documents relating thereto;

  5. Defendants shall not be required to sign any document which causes any financial obligation to the Defendants relating to the Lot Split or Lot Split Process, or adversely impacts or infringes upon the Subject Property as it concerns set-back of existing walls, structures or improvements on the Subject Property; and

  6. Upon recording of the newly created lot through the Lot Split, the action shall be dismissed with prejudice, and no later than 5 days after the execution of the Lot Split, Plaintiff shall prepare and record a Notice of Withdrawal of Notice of Pendency concerning the Subject Property.

Plaintiff contends that Defendants have not effectuated the Lot Split within the 10 business days timeframe set out in the Agreement. Defendants contend that they are unable to do so because of a conflicting provision in the Agreement that permits Defendants the right to not sign any document which would cause Defendants any financial obligation (i.e., the signing of the documents to effectuate the Lot Split would cause Defendants to incur a financial obligation), and that Defendants have communicated this concern to Plaintiff. Furthermore, Defendants contend that Plaintiff took several months to finally prepare and record a Notice of Withdrawal of Notice of Pendency concerning the Subject Property instead of 5 days as required by the Agreement. Particularly, Plaintiff had not even done so when he filed this Motion.

While the Court agrees with Defendants’ concerns of Plaintiff in bringing a motion to enforce the Agreement when Plaintiff has not abided by certain provisions of the Agreement either, the Court notes that Defendants only first raised issues concerning the Lot Split Process on or about September 26, 2019, which was only several days after this motion was filed. (See Declaration of Kevin Kay ¶ 2.) Defendants have not presented any evidence that they had attempted to communicate to Plaintiff their concerns regarding the Lot Split Process within the 10-business day timeframe required by the Agreement. Nor did Defendants demonstrate that they attempted to extend the deadline to communicate their concerns regarding the Lot Spilt. Plaintiff also demonstrated that his counsel had reached out to Defendants’ counsels multiple times after the documents were sent to Defendants (which Defendants’ counsel does not refute at any point in declaration nor offer any good explanation as to why he ignored Plaintiff’s counsel), and none of those communications were ever addressed until after this motion was filed. (Smith Decl., ¶ 4, Exh. 3.)

The Court finds that the Settlement Agreement is a complete recitation of the material terms of the parties, signed by the parties, and subject to enforcement pursuant to Code of Civil Procedure section 664.6. Accordingly, the motion is GRANTED. Plaintiff is entitled to recover his costs associated with bringing this motion in the sum of $3,060.00.