This case was last updated from Los Angeles County Superior Courts on 03/29/2016 at 17:20:09 (UTC).

CRESCENT PLAZA HOMEOWNERS ASSOCIATION VS SAMUEL TOUMAYAN ET

Case Summary

On 07/15/2014 CRESCENT PLAZA HOMEOWNERS ASSOCIATION filed a Personal Injury - Other Personal Injury lawsuit against SAMUEL TOUMAYAN ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1586

  • Filing Date:

    07/15/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

CRESCENT PLAZA HOMEOWNERS ASSOCIATION

Defendants and Respondents

DOES 1 THROUGH 50

PIEPLOW JOHN

TOUMAYAN GUADALUPE

TOUMAYAN SAMUEL

VAYNER DAVID

Defendants and Cross Plaintiffs

TOUMAYAN GUADALUPE

VAYNER DAVID

Defendants and Cross Defendants

PIEPLOW JOHN

TOUMAYAN SAMUEL

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DAVID HOFFMAN A PROFESSIONAL CORPORATION

HOFFMAN DAVID (LAW OFFICES OF) APC

Defendant and Cross Plaintiff Attorneys

LANE DOMINICK V.

KOCZARA RYAN T. ESQ

 

Court Documents

SUMMONS

7/15/2014: SUMMONS

NOTICE OF CHANGE OF ADDRESS

10/6/2014: NOTICE OF CHANGE OF ADDRESS

PROOF OF SERVICE OF SUMMONS (RE DAVID VAYNER)

10/6/2014: PROOF OF SERVICE OF SUMMONS (RE DAVID VAYNER)

Unknown

5/29/2015: Unknown

ANSWER TO COMPLAINT

5/29/2015: ANSWER TO COMPLAINT

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]

12/1/2015: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]

NOTICE OF LIMITED ASSOCIATION OF COUNSEL

12/24/2015: NOTICE OF LIMITED ASSOCIATION OF COUNSEL

DECLARATION OF BARRY L. COHEN FILED IN SUPPORT OF SAMUEL TOUMAYAN AND GUADALUPE TOUMAYAN?S MOTION FOR LEAVE TO FILE A FIRST AMENDED CROSSCOMPLAINT

12/24/2015: DECLARATION OF BARRY L. COHEN FILED IN SUPPORT OF SAMUEL TOUMAYAN AND GUADALUPE TOUMAYAN?S MOTION FOR LEAVE TO FILE A FIRST AMENDED CROSSCOMPLAINT

CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

1/25/2016: CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

SUMMONS ON FIRST AMENDED CROSS-COMPLAINT

1/29/2016: SUMMONS ON FIRST AMENDED CROSS-COMPLAINT

NOTICE OF ENTRY OF ORDER RE: STIPULATION RE FIRST AMENDED CROSS-COMPLAINT

1/29/2016: NOTICE OF ENTRY OF ORDER RE: STIPULATION RE FIRST AMENDED CROSS-COMPLAINT

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]

4/15/2016: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES]

Unknown

4/21/2016: Unknown

DAVID VAYNER'S ANSWER TO CROSS-COMPLAINT OF SAMUEL TOUMAYAN AND GUADALUPE TOUMAYAN

4/21/2016: DAVID VAYNER'S ANSWER TO CROSS-COMPLAINT OF SAMUEL TOUMAYAN AND GUADALUPE TOUMAYAN

SUBSTITUTION OF ATTORNEY

9/8/2016: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

9/8/2016: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

12/19/2016: SUBSTITUTION OF ATTORNEY

Minute Order

7/31/2017: Minute Order

14 More Documents Available

 

Docket Entries

  • 02/25/2016
  • Answer to Cross-Complaint Filed by Atty for Plaintiff and Cross-Deft

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  • 01/29/2016
  • Summons Filed Filed by Attorney for Plaintiff/Petitioner

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  • 01/29/2016
  • Notice (OF ENTRY OF ORDER RE: STIPULATION RE FIRST AMENDED CROSS-COMPLAINT ) Filed by Attorney for Defendant/Respondent

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  • 01/25/2016
  • Cross-complaint Filed by Attorney for Cross-Complainant

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  • 01/13/2016
  • Stipulation and Order (RE FIRST AMENDED CROSS COMPLAINT ) Filed by Attorney for Plaintiff/Petitioner

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  • 12/24/2015
  • Association of Attorney (limited ) Filed by Cross-Complainant

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  • 12/24/2015
  • Declaration (OF BARRY L. COHEN ) Filed by Atty for Defendant and Cross-Compl

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  • 12/24/2015
  • Motion for Leave Filed by Atty for Defendant and Cross-Compl

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  • 12/01/2015
  • Stip & Order-Continue Trial,FSC-PI (NEW DATES 5/17/16 3/3/16 ) Filed by Attorney for Pltf/Petnr

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  • 07/14/2015
  • Notice of Change of Address Filed by Attorney for Defendant/Respondent

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  • 05/29/2015
  • Answer to Complaint Filed by Attorney for Defendant/Respondent

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  • 05/29/2015
  • Cross-complaint Filed by Attorney for Cross-Complainant

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  • 05/29/2015
  • Receipt Filed by Attorney for Plaintiff/Petitioner

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  • 10/06/2014
  • Notice of Change of Address Filed by Attorney for Pltf/Petnr

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  • 10/06/2014
  • Proof-Service/Summons Filed by Attorney for Pltf/Petnr

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  • 07/15/2014
  • Complaint

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Tentative Rulings

Case Number: BC551586    Hearing Date: January 15, 2020    Dept: P

 

Tentative Ruling

Crescent Plaza Homeowners Assn. v. Toumayan et al. Case No. BC551586

Cross-Complainants’ Motion for Attorneys’ Fees Pursuant to Terms of Settlement (UNOPPOSED)

Hearing Date: 1/15/2020

Cross-complainants Samuel and Guadalupe Toumayan (“the Toumayans”) alleged cross-defendant Crescent Plaza Homeowners Association (CPHOA) failed to prevent or remedy water intrusions into their residence. The parties reached a settlement agreement, under which CPHOA would pay the Toumayans $20,000 in addition to all reasonable attorney’s fees attributable to litigation against CPHOA only (fees attributable to the other cross-defendants are not to be paid by CPHOA).

“A court may not rubber stamp a request for attorney’s fees but must determine the number of hours reasonably expended.” Donahue v. Donahue (2010) 182 Cal.App.4th 259, 271.

The Toumayans seek 13 hours of fees billed at hourly rates between $290.00 and $350.00 (a total of $4,072.00) for work performed by Cohen & Cohen, LLP between July 2014 and September 2016. This is reasonable, and the hours are supported by the declaration of attorney Barry Cohen.

The Toumayans seek $26,260 for work performed by successor counsel Wolk & Levine between December 2016 and June 2019. The claimed fees are not supported by a declaration from a Wolk & Levine attorney, nor anyone else. The Toumayans provide only Wolk & Levine’s billing in support of the claimed fees. Additionally, some bills state they were paid from a retainer; some bills request payment. It is unclear what amounts the Toumayans actually paid. This is insufficient to substantiate the claimed fees, and the court requires additional evidence before fees can be awarded.

Finally, the Toumayans seek $6,000 in fees for time spent by current counsel Steven L. Rodriguez to prepare this motion. The settlement agreement specifically excludes fees incurred after March 27, 2019. Rodriguez decl., exh. 1-1 at (2). As the settlement was reached in June 2019, and this motion was drafted therafter, these fees are not recoverable.

GRANTED in part. Plaintiffs are awarded $4,072 in attorney’s fees for the Cohen & Cohen hours. The Rodriguez fees are denied.

The court will reconsider additional evidence regarding the Wolk & Levine fees upon request.