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This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 01:55:18 (UTC).

CONSTELLATION-F, LLC VS. WORLD TRADING 23, INC.

Case Summary

On 04/07/2016 CONSTELLATION-F, LLC filed a Property - Commercial Eviction lawsuit against WORLD TRADING 23, INC. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN P. PFAHLER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6984

  • Filing Date:

    04/07/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Commercial Eviction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN P. PFAHLER

 

Party Details

Plaintiff and Respondent

CONSTELLATION-F LLC

Defendants and Appellants

WORLD TRADING 23 INC.

WORLD TECH TOYS INC.

Attorney/Law Firm Details

Plaintiff Attorney

SHAFRON & KAMMER

Defendant Attorney

PEREZ & HAWES LLP

 

Court Documents

Summons

4/7/2016: Summons

Answer

5/13/2016: Answer

Unknown

7/6/2016: Unknown

Unknown

8/22/2016: Unknown

Unknown

2/14/2017: Unknown

Unknown

3/7/2017: Unknown

Notice of Ruling

3/15/2017: Notice of Ruling

Unknown

3/16/2017: Unknown

Other -

7/20/2017: Other -

Minute Order

9/28/2017: Minute Order

Minute Order

11/9/2017: Minute Order

Unknown

1/26/2018: Unknown

Declaration

9/4/2018: Declaration

Declaration

9/6/2018: Declaration

Unknown

10/16/2018: Unknown

Unknown

12/4/2018: Unknown

Unknown

12/7/2018: Unknown

Minute Order

1/2/2019: Minute Order

213 More Documents Available

 

Docket Entries

  • 06/06/2019
  • Appeal - Notice of Fees Due for Clerk's Transcript on Appeal (FEES DUE SUPPLEMENTAL FOR APPEAL DATED 9/24/18)

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  • 05/29/2019
  • Appeal Record Delivered (SUPPLEMENTAL); Filed by Clerk

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  • 05/14/2019
  • Appeal Record Delivered; Filed by Clerk

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  • 05/02/2019
  • Appellate Order for Augmentation/Correction of Appeal Record (;B293033; NOA 9/24/18 & 10/10/18; AUGMENTATION;); Filed by Clerk

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  • 04/29/2019
  • Appeal - Clerk's Transcript Fee Paid ("U" Appellant)

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  • 04/19/2019
  • Declaration (Declaration of Douglas G. Carrolll Explaining Calculation of Interest in Judgment in Support of Writ of Execution); Filed by CONSTELLATION-F, LLC (Plaintiff)

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  • 04/19/2019
  • Appeal Record Delivered (APPEALS FILED 9-24-18 & 10-10-18); Filed by Clerk

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  • 04/17/2019
  • Appeal - Original Clerk's Transcript 1 - 5 Volumes Certified; Filed by Clerk

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  • 04/16/2019
  • Appeal - Notice of Fees Due for Clerk's Transcript on Appeal (SUPPLEMENTAL FOR APPEAL DATE 9/24/18)

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  • 04/10/2019
  • Appeal - Original Clerk's Transcript 6 - 10 Volumes Certified (FOR APPEAL FILED ON 9/24/18); Filed by Clerk

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291 More Docket Entries
  • 05/13/2016
  • at 00:00 AM in Department Legacy; (Request to Enter Default; REJECTED) -

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  • 05/13/2016
  • Request for Entry of Default / Judgment; Filed by CONSTELLATION-F, LLC (Plaintiff)

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  • 05/13/2016
  • Answer; Filed by WORLD TRADING 23, INC. (Defendant)

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  • 05/11/2016
  • Proof of Service (not Summons and Complaint); Filed by CONSTELLATION-F, LLC (Plaintiff)

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  • 05/04/2016
  • First Amended Complaint; Filed by CONSTELLATION-F, LLC (Plaintiff)

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  • 05/04/2016
  • Summons; Filed by CONSTELLATION-F, LLC (Plaintiff)

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  • 04/07/2016
  • Complaint filed-Summons Issued; Filed by null

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  • 04/07/2016
  • Other - (Notice of Assignment); Filed by Clerk

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  • 04/07/2016
  • Civil Case Cover Sheet; Filed by CONSTELLATION-F, LLC (Plaintiff)

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  • 04/07/2016
  • Summons; Filed by null

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Tentative Rulings

Case Number: PC056984    Hearing Date: October 23, 2020    Dept: F49

Dept. F-49

Calendar # 3

Date: 10-23-20

Case # PC056984

Trial Date: N/A

ATTORNEY WITHDRAWAL

ATTORNEY: Eric Hawes

CLIENT: Defendant, World Trading 23, Inc.

RELIEF REQUESTED

Motion to Withdraw

SUMMARY OF ACTION

On September 25, 2015, Plaintiff Constellation – F, LLC and Defendant World Trading 23, Inc. entered into a lease for certain commercial property. The termination date was originally February 28, 2016, but was extend until April 1, 2016. Plaintiff alleges the extension was only granted on condition that Defendant cooperate with the sale of the property and on condition that Defendant vacate the premises on April 1, 2016. On April 2, 2016, holdover rent increased to 150% of the Base Rental rate.

The property sold to later added Plaintiffs Anthony and Deborah Demma April 25, 2016.

On April 7, 2016 and May 4, 2016, Plaintiff filed its complaint and first amended complaint, for unlawful detainer. The clerk entered default on May 27, 2016, which was later vacated on June 8, 2016, due to an answer filed on May 13, 2016.

On June 22, 2016, the court found that possession was no longer at issue and granted Plaintiff leave to file a second amended complaint. On July 6, 2016, Plaintiff filed its second amended complaint for Breach of Lease Agreement seeking $62,887.50 in holdover damages—March 1, 2016 to June 15, 2016. Defendant answered the second amended complaint on August 22, 2016, and a first amended answer on July 20, 2017.

On November 9, 2017, the court granted Plaintiff leave to file a third amended complaint. On November 13, 2017, Plaintiff filed a third amended complaint for breach of lease agreement, which increased the sought after amount of damages pursuant to Code of Civil Procedure section 735.

Trial commenced, and the court issued a statement of decision on April 9, 2018. The court ordered further briefing on damages consistent with the statement of damages. On April 30, 2018, the court issued its final statement of decision, whereby Plaintiff was awarded $35,801.74. The court entered judgment on July 26, 2018. On September 19, 2018, the court denied the motion of Defendants to be declared a prevailing party, and award for attorney fees. The court awarded Plaintiffs $105,000 in attorney fees. On October 22, 2018, the court granted Plaintiffs’ motion to strike the memorandum of costs filed by Defendants. On January 2, 2019, the court denied Defendants’ motion to tax costs and motion for leave to file a late motion to tax costs.

On February 19, 2019, the court entered the first amended judgment which affirmed the damages award, and added in the $105,000 attorney fee award, and plus costs of $22,114.50 as provided in the untimely challenged memorandum of costs.

Defendants appealed. On May 8, 2020, the Court of Appeal issued its remittitur affirming the judgment in part and reversing the judgment in part. The court reversed on the issue of holdover damages, and ordered the court to hold a hearing for the determination of holdover rent. The court also ordered the judgment must include the $1,000 in sanctions awarded to Constellation, and to rule on the arguments regarding estoppel and agency as to World Tech. The court affirmed on the rejection of alter ego liability and dismissed the cross-appeal of World Trading and World Tech.

On June 24, 2020, the court ruled that Plaintiffs failed to meet their burden on proving any agency relationship or basis of estoppel. The court set the hearing for the determination of holdover rent for October 9, 2020, and an OSC re: Proposed Amended Judgment for December 1, 2020.

RULING: Granted

Counsel moves for leave to withdraw as counsel of record for Defendant, World Trading 23, Inc. due to the failure to pay attorney fees and costs.

The application requires a completed order granting withdrawal. Withdrawal becomes effective upon service of a completed signed order.

Defendant, World Trading 23, Inc. cannot appear in the action unless and until it retains new counsel.

A motion for reconsideration of the June 24, 2020 order denying liability as to agency and estoppel is set for November 12, 2020.

Moving party to give notice.

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