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This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:02:35 (UTC).

FANTASIA GROUP,LLC VS. KAMRAN KHALIL ET. AL.

Case Summary

On 05/01/2014 FANTASIA GROUP,LLC filed a Property - Other Property Fraud lawsuit against KAMRAN KHALIL. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judges overseeing this case are LISA HART COLE, NANCY L. NEWMAN and H. CHESTER HORN, JR.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2486

  • Filing Date:

    05/01/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LISA HART COLE

NANCY L. NEWMAN

H. CHESTER HORN, JR.

 

Party Details

Plaintiffs

CONSUMER ADVOCACY GROUP. INC.

FANTASIA GROUP

YEROUSHALMI REUBEN

Defendants

BRENDEN REAL ESTATE

BRENDEN REAL ESTATE LLC

KHALIL KAMRAN

RAMIREZ DAVID MARIO

CENTRAL ESCROW INC.

UNION BANK

KHALIL DAVID

STUART MICHAEL

WELLS FARGO BANK LTD.

Not Classified By Court

REUBEN YEROUSHALMI ESQ.

HON. JOYCE KARLIN FAHEY RET.

KARLIN FAHEY RET. HON. JOYCE

Attorney/Law Firm Details

Plaintiff Attorneys

WOOLF GAFNI & CIRLIN

GAFNI ADAM I.

YEROUSHALMI REUBEN

Defendant Attorneys

ALKANA EUGENE S.

REYNOLDS JAMES LEE

HACKER LAW GROUP

HACKER JEFFREY A.

HASHMALL JENNIFER MIRA

 

Court Documents

Request for Judicial Notice

8/30/2018: Request for Judicial Notice

Clerks Certificate of Service By Electronic Service

8/30/2018: Clerks Certificate of Service By Electronic Service

Exhibit List

8/30/2018: Exhibit List

Opposition

9/13/2018: Opposition

Proof of Service by Mail

9/14/2018: Proof of Service by Mail

Proof of Service by Mail

9/14/2018: Proof of Service by Mail

Reply

9/18/2018: Reply

Exhibit List

10/10/2018: Exhibit List

Certificate of Mailing for

10/18/2018: Certificate of Mailing for

Declaration

11/5/2018: Declaration

Response

11/5/2018: Response

Certificate of Mailing for

11/13/2018: Certificate of Mailing for

Association of Attorney

1/2/2019: Association of Attorney

Opposition

1/8/2019: Opposition

Request for Judicial Notice

5/10/2019: Request for Judicial Notice

Separate Statement

5/10/2019: Separate Statement

Motion for Summary Judgment

5/10/2019: Motion for Summary Judgment

Proof of Personal Service

5/13/2019: Proof of Personal Service

107 More Documents Available

 

Docket Entries

  • 08/23/2019
  • Hearingat 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Order to Show Cause - Hearing (name extension)

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  • 08/12/2019
  • Docketat 09:00 AM in Department P; Jury Trial - Not Held - Vacated by Court

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  • 08/09/2019
  • Docketat 09:00 AM in Department P; Final Status Conference - Not Held - Vacated by Court

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  • 08/02/2019
  • Docketat 10:00 AM in Department P; Informal Discovery Conference (IDC) - Not Held - Vacated by Court

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  • 07/31/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court

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  • 07/26/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 07/26/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 07/26/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 07/19/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court

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  • 07/17/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion for Summary Adjudication - Not Held - Vacated by Court

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731 More Docket Entries
  • 06/30/2014
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 06/18/2014
  • DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)

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  • 06/18/2014
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 06/18/2014
  • DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)

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  • 06/18/2014
  • DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)

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  • 06/18/2014
  • DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)

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  • 05/01/2014
  • DocketComplaint; Filed by Consumer Advocacy Group. Inc. (Plaintiff); FANTASIA GROUP (Plaintiff)

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  • 05/01/2014
  • DocketSummons; Filed by FANTASIA GROUP (Plaintiff)

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  • 05/01/2014
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 05/01/2014
  • DocketComplaint Filed

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Tentative Rulings

Case Number: SC122486    Hearing Date: September 24, 2020    Dept: P

 

Tentative Ruling

Fantasia Group, LLC v. Kamran Khalil et al., Case No. SC122486

Hearing Date September 24, 2020

Defendant Wells Fargo’s Motion to Quash Service of Summons

Plaintiff sued its business partner Khalil; that case settled on June 25, 2019, with a notice of settlement of entire case filed on June 26, 2019. In February 2020 plaintiff amended the complaint, naming Wells Fargo as a defendant. The amended complaint was served on Wells Fargo in April 2020. Wells Fargo moves to quash service as untimely.

A summons and complaint must be served within three years. Cal. Civ. Proc. Code §583.210(a). The time within which service must be made does not apply if defendant makes a general appearance. Cal. Code of Civ. Proc. §583.220. The general appearance must occur within the statutory three-year period to deprive a defendant of his right to dismissal for untimely service under §583.210. Busching v. Superior Court (1974) 12 Cal.3d 44, 52-53. This is separate from the relation-back doctrine applicable to a fictitiously named defendant; even when filing an amended complaint on a Doe defendant relates back to the filing of an original complaint, plaintiff must identify and serve a Doe defendant within three years of filing. Higgins v. Superior Court (2017) 15 Cal.App.5th 982.

Wells Fargo was named as a Doe defendant in May 2014. As Higgins applies, service should have been completed by May 2017. Plaintiff argues defendant waived its right to move for dismissal under §583.210 by generally appearing on July 9, 2020. This was more than three years after the action was filed. Under Busching a general appearance must occur within the three years for §583.220’s exception to apply. Wells Fargo’s appearance was outside that period, so service was untimely, and defendant did not waive its right to move for a dismissal. GRANTED. Service is quashed as to defendant Wells Fargo under Cal. Code of Civ. Proc. §583.210(a).

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND O APPEAR REMOTELY VIA LA COURT CONNECT.