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This case was last updated from Los Angeles County Superior Courts on 01/13/2021 at 14:52:48 (UTC).

DR GROUP LLC VS KALCHEIM LAW GROUP P C

Case Summary

On 12/31/2012 DR GROUP LLC filed a Contract - Debt Collection lawsuit against KALCHEIM LAW GROUP P C. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are KEVIN C. BRAZILE, DEIRDRE HILL and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8355

  • Filing Date:

    12/31/2012

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KEVIN C. BRAZILE

DEIRDRE HILL

EDWARD B. MORETON

 

Party Details

Plaintiffs and Petitioners

DR GROUP LLC

ROSENTHAL & COMPANY LLC

DR GROUP LLC FKA ROSENTHAL & COMPANY LLC

Defendants, Respondents and Appellants

KALCHEIM LAW GROUP P.C.

KALCHEIM LEGAL P.C.

KALCHEIM MICHEL HENRI

DOES 1 THROUGH 50

Plaintiffs, Respondents and Petitioners

ROSENTHAL & COMPANY LLC

DOES 1 THROUGH 50

KALCHEIM LAW GROUP P.C.

KALCHEIM LEGAL P.C.

KALCHEIM MICHEL HENRI

DR GROUP LLC FKA ROSENTHAL & COMPANY LLC

YACOUBAIN & POWELL LLP

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AIRES LAW FIRM

AIRES TIMOTHY CARL

Defendant Attorney

YACOUBIAN TALIN

 

Court Documents

Order - ASSIGNMENT ORDER RE: RIGHTS TO PAYMENT OF MONEY DUE OR TO BECOME DUE[MICHEL HENRI KALCHEIM AKA MITCH H. KALCHEIM]

4/29/2019: Order - ASSIGNMENT ORDER RE: RIGHTS TO PAYMENT OF MONEY DUE OR TO BECOME DUE[MICHEL HENRI KALCHEIM AKA MITCH H. KALCHEIM]

Request for Judicial Notice

5/28/2019: Request for Judicial Notice

Reply - REPLY IN SUPPORT OF MOTION TO VACATE JUDGMENT

6/25/2019: Reply - REPLY IN SUPPORT OF MOTION TO VACATE JUDGMENT

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER ON MOTION TO SET ASIDE/VACATE JUDG...)

7/10/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER ON MOTION TO SET ASIDE/VACATE JUDG...)

Proof of Personal Service - SUBPOENA & PROOF OF SERVICE

8/19/2019: Proof of Personal Service - SUBPOENA & PROOF OF SERVICE

Appeal - Notice of Appeal/Cross Appeal Filed

9/5/2019: Appeal - Notice of Appeal/Cross Appeal Filed

Notice of Filing of Notice of Appeal (Unlimited Civil)

9/9/2019: Notice of Filing of Notice of Appeal (Unlimited Civil)

Notice - NOTICE OF ISSUANCE OF BENCH WARRANT [THIRD PERSON - SANDRA HELLER, TRUSTEE OF THE SANDRA HELLER LIVING TRUST]

9/16/2019: Notice - NOTICE OF ISSUANCE OF BENCH WARRANT [THIRD PERSON - SANDRA HELLER, TRUSTEE OF THE SANDRA HELLER LIVING TRUST]

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

10/9/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

11/27/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Memorandum - MEMORANDUM RE DEFENDANT'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE

1/21/2020: Memorandum - MEMORANDUM RE DEFENDANT'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE

Order - ORDER RE DEFENDANT'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE

1/21/2020: Order - ORDER RE DEFENDANT'S EX PARTE APPLICATION TO CONTINUE THE HEARING DATE

Notice - Notice of Entry of assignment order Re: right to payment of money due

10/16/2018: Notice - Notice of Entry of assignment order Re: right to payment of money due

DUE DILIGENCE DECLARATION

1/22/2013: DUE DILIGENCE DECLARATION

Minute Order -

12/9/2013: Minute Order -

REQUEST FOR DISMISSAL -

12/17/2013: REQUEST FOR DISMISSAL -

Minute Order -

6/30/2014: Minute Order -

NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER RE: RIGHTS TO PAYMENT OF MONEY DUE OR TO BECOME DUE JUDGMENT DEBTOR MICHEL HENRI KALCHEIM AKA MITCH H. KALCHEIM]; MEMORANDUM OF POINTS AND AUTHORITIES;

12/20/2017: NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER RE: RIGHTS TO PAYMENT OF MONEY DUE OR TO BECOME DUE JUDGMENT DEBTOR MICHEL HENRI KALCHEIM AKA MITCH H. KALCHEIM]; MEMORANDUM OF POINTS AND AUTHORITIES;

70 More Documents Available

 

Docket Entries

  • 04/01/2021
  • Hearing04/01/2021 at 08:30 AM in Department 49 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Order Directing Court Clerk or Los Angeles County Treasurer, as the Case May Be, to Release Cash Deposit in Lieu of Bond (And Any Accrued Interest) to Plaintiff as Prevailing Party on Appeal

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  • 01/08/2021
  • DocketMotion for Order (Directing Court Clerk to Release Cash Deposit In Lieu of Bond); Filed by Dr Group LLC (Plaintiff)

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  • 12/08/2020
  • DocketAppeal - Remittitur - Affirmed (B300533); Filed by Clerk

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  • 03/11/2020
  • DocketNotice (of Entry of Order After Hearing on Motion for Order Determining Insufficiency of Undertaking and Requiring Increase in the Amount of Security by New or Additional Bond or Undertaking or Any Stay Shall Be Dissolved); Filed by Dr Group LLC (Plaintiff)

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  • 03/05/2020
  • DocketOrder (after Hearing on Motion for Order Determining Insufficiency of Undertaking and Requiring Increase in the Amount of Security by New or Additional Bond or Undertaking or Any Stay Shall Be Dissolved); Filed by Dr Group LLC (Plaintiff)

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  • 02/21/2020
  • Docketat 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other (MOTION FOR ORDER DETERMINING INSUFFICIENCY OF UNDERTAKING AND REQUIRING INCREASE IN THE AMOUNT OF SECURITY BY NEW OR ADDITIONAL BOND OR UNDERTAKING OR ANY STAY SHALL BE DISSOLVED) - Held

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  • 02/21/2020
  • DocketMinute Order ( (Hearing on Motion - Other MOTION FOR ORDER DETERMINING INSUFF...)); Filed by Clerk

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  • 01/22/2020
  • Docketat 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion - Other (MOTION FOR ORDER DETERMINING INSUFFICIENCY OF UNDERTAKING AND REQUIRING INCREASE IN THE AMOUNT OF SECURITY BY NEW OR ADDITIONAL BOND OR UNDERTAKING OR ANY STAY SHALL BE DISSOLVED) - Not Held - Continued - Ex Parte Motion

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  • 01/21/2020
  • Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Ex-Parte Proceedings

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  • 01/21/2020
  • DocketOrder (Re Defendant's ex Parte Application to Continue The Hearing Date); Filed by Kalcheim Law Group P.C. (Defendant)

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125 More Docket Entries
  • 01/04/2013
  • Docketat 08:30 AM in Department 20; Unknown Event Type - Held

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  • 01/04/2013
  • DocketMinute Order

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  • 01/04/2013
  • DocketMinute order entered: 2013-01-04 00:00:00; Filed by Clerk

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  • 01/03/2013
  • DocketAMENDMENT TO COMPLAINT

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  • 01/03/2013
  • DocketAmendment to Complaint; Filed by Dr Group LLC (Plaintiff); Rosenthal & Company LLC (Legacy Party)

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  • 01/02/2013
  • DocketPEREMPTORY CHALLENGE RE: DISQIJALIFICATION OF ASSIGNED JUDGE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF TIMOTHY CARL AIRES

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  • 01/02/2013
  • DocketChallenge To Judicial Officer - Peremptory (170.6); Filed by Dr Group LLC (Plaintiff)

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  • 12/31/2012
  • DocketCOMPLAINT FOR BREACH OF CONTRACT [THIRD PARTY BENEFICIARYJ; BREACH OF CONTRACT [THIRD PARTY BENEFICIARY]; BREACH OF CONTRACT [THIRD PARTY BENEFICIARY]; OPEN BOOK ACCOUNT; ACCOUNT STATED; QUANTUM MERUIT

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  • 12/31/2012
  • DocketSUMMONS

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  • 12/31/2012
  • DocketComplaint; Filed by Dr Group LLC (Plaintiff)

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Tentative Rulings

Case Number: BC498355    Hearing Date: April 1, 2021    Dept: 49

Superior Court of California

County of Los Angeles

DR Group LLC,

Plaintiff,

Case No.

BC498355

v.

[Tentative] Ruling

Kalcheim Law Group PC.,

Defendants.

Hearing Date: April 1, 2021

Department 49, Judge Stuart M. Rice

Motion for Order Directing Court Clerk or Los Angeles County Treasurer, as the Case May Be, to Release Cash Deposit in Lieu of Bond (and Any Accrued Interest) to Plaintiff as Prevailing Party on Appeal

Moving Party: Plaintiff/Judgment Creditor DR Group LLC

Responding Party: None

Ruling: Plaintiff’s motion is granted.  The cash deposit (and any accrued interest) is to be released to “Aires Law Firm fbo DR Group, LLC, 6 Hughes, Suite 205, Irvine, CA 92618.”

Legal Standard

CCP § 917.1 provides that, unless an undertaking is given, the perfecting of an appeal cannot stay enforcement of the judgment or order in the trial court if the judgment or order is for money or the payment of money. (CCP § 917.1(a)(1); Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1427-1428.) Thus, a bond or undertaking is required to obtain a stay of enforcement of a judgment or order pending disposition of the appeal. (Dowling, supra, 85 Cal.App.4th at 1427-1429.) However, except to the extent the statute providing for a bond precludes a deposit in lieu of a bond or limits the form of deposit, the principal may, instead of giving a bond, deposit with the officer cash or equivalent liquid assets in an amount equal to or in excess of the amount that would be required to be secured by the bond if the bond were given by an admitted surety insurer. (CCP § 995.710(a)(b); Buzgheia v. Leasco Sierra Grove (1994) 30 Cal.App.4th 766, 771, reversed and remanded on underlying judgment, Buzgheia v. Leasco Sierra Grove (1997) 60 Cal.App.4th 374, 378.) The use of a money deposit is not precluded by CCP § 917.1(b). (Buzgheia, supra, 30 Cal.App.4th at 77.)

The principal shall pay the amount of the liability on the deposit within 30 days after the date on which the judgment of liability becomes final. (CCP § 995.750(a).) If the debtor does not pay the amount owed within that time, “the deposit shall be collected, sold, or otherwise applied to the liability upon order of the court that entered the judgment of liability, made upon five days’ notice to the parties.” (CCP § 995.760(a).) The deposit shall be distributed in the following order: (1) First, to pay the cost of collection, sale, or other application of the deposit; (2) Second, to pay the judgment of liability of the principal on the deposit; and (3) Third, the remainder, if any, shall be returned to the principal. (CCP § 995.760(c).)

Discussion

Judgment was entered in favor of Plaintiff and against Defendants in the amount of $89,277.30. (Aires Decl., Exh. A.) This judgment was finalized by remittitur on appeal on December 8, 2020. (Aires Decl., Exh. C.) More than 30 days have passed since judgment was finalized, and Defendants have failed to pay Plaintiff the amount owed. (Aires Decl., ¶ 5.)

As of April 1, 2021, Plaintiff is entitled to $154,363.20. (Aires Decl., ¶ 6.) Defendants’ cash deposit is in the amount of $133,915.95. (Aires Decl., ¶ 4, Exh. B.)

Plaintiff is entitled to the amount of $133,915.95. The cash deposit of $133,915.95 (and any accrued interest) is to be released to “Aires Law Firm fbo DR Group, LLC, 6 Hughes, Suite 205, Irvine, CA 92618.”

Plaintiff’s motion is granted.

Date: April 1, 2021

Honorable Stuart M. Rice

Judge of the Superior Court

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