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.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Los Angeles, California
STEPHEN P. PFAHLER
WORLD TRADING 23 INC.
WORLD TECH TOYS INC.
SHAFRON & KAMMER
PEREZ & HAWES LLP
3/15/2017: Notice of Ruling
7/20/2017: Other -
9/28/2017: Minute Order
11/9/2017: Minute Order
1/2/2019: Minute Order
Appeal - Notice of Fees Due for Clerk's Transcript on Appeal (FEES DUE SUPPLEMENTAL FOR APPEAL DATED 9/24/18)Read MoreRead Less
Appeal Record Delivered (SUPPLEMENTAL); Filed by ClerkRead MoreRead Less
Appeal Record Delivered; Filed by ClerkRead MoreRead Less
Appellate Order for Augmentation/Correction of Appeal Record (;B293033; NOA 9/24/18 & 10/10/18; AUGMENTATION;); Filed by ClerkRead MoreRead Less
Appeal - Clerk's Transcript Fee Paid ("U" Appellant)Read MoreRead Less
Declaration (Declaration of Douglas G. Carrolll Explaining Calculation of Interest in Judgment in Support of Writ of Execution); Filed by CONSTELLATION-F, LLC (Plaintiff)Read MoreRead Less
Appeal Record Delivered (APPEALS FILED 9-24-18 & 10-10-18); Filed by ClerkRead MoreRead Less
Appeal - Original Clerk's Transcript 1 - 5 Volumes Certified; Filed by ClerkRead MoreRead Less
Appeal - Notice of Fees Due for Clerk's Transcript on Appeal (SUPPLEMENTAL FOR APPEAL DATE 9/24/18)Read MoreRead Less
Appeal - Original Clerk's Transcript 6 - 10 Volumes Certified (FOR APPEAL FILED ON 9/24/18); Filed by ClerkRead MoreRead Less
at 00:00 AM in Department Legacy; (Request to Enter Default; REJECTED) -Read MoreRead Less
Request for Entry of Default / Judgment; Filed by CONSTELLATION-F, LLC (Plaintiff)Read MoreRead Less
Answer; Filed by WORLD TRADING 23, INC. (Defendant)Read MoreRead Less
Proof of Service (not Summons and Complaint); Filed by CONSTELLATION-F, LLC (Plaintiff)Read MoreRead Less
First Amended Complaint; Filed by CONSTELLATION-F, LLC (Plaintiff)Read MoreRead Less
Summons; Filed by CONSTELLATION-F, LLC (Plaintiff)Read MoreRead Less
Complaint filed-Summons Issued; Filed by nullRead MoreRead Less
Other - (Notice of Assignment); Filed by ClerkRead MoreRead Less
Civil Case Cover Sheet; Filed by CONSTELLATION-F, LLC (Plaintiff)Read MoreRead Less
Summons; Filed by nullRead MoreRead Less
Case Number: PC056984 Hearing Date: October 23, 2020 Dept: F49
Calendar # 3
Case # PC056984
Trial Date: N/A
ATTORNEY: Eric Hawes
CLIENT: Defendant, World Trading 23, Inc.
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.
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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