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
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Case Number:
****2486
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Filing Date:
05/01/2014
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Case Status:
Pending - Other Pending
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Courthouse:
Santa Monica Courthouse
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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
8/30/2018: Request for Judicial Notice
8/30/2018: Clerks Certificate of Service By Electronic Service
8/30/2018: Exhibit List
9/13/2018: Opposition
9/14/2018: Proof of Service by Mail
9/14/2018: Proof of Service by Mail
9/18/2018: Reply
10/10/2018: Exhibit List
10/18/2018: Certificate of Mailing for
11/5/2018: Declaration
11/5/2018: Response
11/13/2018: Certificate of Mailing for
1/2/2019: Association of Attorney
1/8/2019: Opposition
5/10/2019: Request for Judicial Notice
5/10/2019: Separate Statement
5/10/2019: Motion for Summary Judgment
5/13/2019: Proof of Personal Service
Docket Entries
- 08/23/2019
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Hearingat 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Order to Show Cause - Hearing (name extension)
- 08/12/2019
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Docketat 09:00 AM in Department P; Jury Trial - Not Held - Vacated by Court
- 08/09/2019
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Docketat 09:00 AM in Department P; Final Status Conference - Not Held - Vacated by Court
- 08/02/2019
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Docketat 10:00 AM in Department P; Informal Discovery Conference (IDC) - Not Held - Vacated by Court
- 07/31/2019
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Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court
- 07/26/2019
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Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court
- 07/26/2019
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Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court
- 07/26/2019
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Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court
- 07/19/2019
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Docketat 08:30 AM in Department P; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court
- 07/17/2019
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Docketat 08:30 AM in Department P; Hearing on Motion for Summary Adjudication - Not Held - Vacated by Court
- 06/30/2014
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DocketProof-Service/Summons; Filed by Attorney for Plaintiff
- 06/18/2014
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DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)
- 06/18/2014
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DocketProof-Service/Summons; Filed by Attorney for Plaintiff
- 06/18/2014
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DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)
- 06/18/2014
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DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)
- 06/18/2014
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DocketProof-Service/Summons; Filed by FANTASIA GROUP (Plaintiff)
- 05/01/2014
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DocketComplaint; Filed by Consumer Advocacy Group. Inc. (Plaintiff); FANTASIA GROUP (Plaintiff)
- 05/01/2014
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DocketSummons; Filed by FANTASIA GROUP (Plaintiff)
- 05/01/2014
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DocketSummons Filed; Filed by Attorney for Plaintiff
- 05/01/2014
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DocketComplaint Filed
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.
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