This case was last updated from Los Angeles County Superior Courts on 09/28/2018 at 22:20:35 (UTC).

GABRIELLE ALBERICI ET AL VS VINCENT DAVIS ET AL

Case Summary

On 11/10/2014 GABRIELLE ALBERICI filed a Contract - Professional Negligence lawsuit against VINCENT DAVIS. This case was filed in Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California. The Judges overseeing this case are OTHER DISTRICT JUDGE, LAURA A. MATZ and JOHN P. DOYLE. The case status is Disposed - Dismissed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    ****3256

  • Filing Date:

    11/10/2014

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Professional Negligence

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Glendale Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OTHER DISTRICT JUDGE

LAURA A. MATZ

JOHN P. DOYLE

 

Party Details

Plaintiffs

ALBERICI GABRIELLE

GROSS NICHOLAS

Defendants

DAVIS VINCENT

LAW OFFICES OF VICENT DAVIS

LITTLE DANIELLE

LAW OFFICES OF VINCENT DAVIS

Attorney/Law Firm Details

Plaintiff Attorneys

LIOSI STEPHEN J.

GABRIELLE ALBERICI

CHRISTOPHER E. ROLIN ESQ.

NEWMAN & HORTON LLP

Defendant Attorneys

MILLER LAW ASSOCIATES APC

CAROL BAIDAS ESQ.

LAW OFFICES OF VINCENT DAVIS

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 06/07/2018
  • Request (FOR COPIES - 5 PAGES WAIVED ); Filed by Requestor

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  • 06/04/2018
  • Request for Dismissal (WITH PREJUDICE ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION (ON BEHALF OF MINOR CHILDREN) ); Filed by Attorney for Plaintiff

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  • 06/04/2018
  • Request for Dismissal (WITH PREJUDICE ENTIRE ACTION OF ALL PARTIES AND ALL CAUSES OF ACTION ); Filed by Attorney for Plaintiff

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  • 05/24/2018
  • Request (FOR COPIES - 15 PAGES ); Filed by Requestor

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  • 05/16/2018
  • at 09:30 am in Department NCGE, Other District Judge, Presiding; Jury Trial - Mistrial

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  • 05/16/2018
  • Notice (OF CONFIDENTIAL SETTLEMENT ); Filed by Attorney for Defendant

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  • 05/15/2018
  • at 09:30 am in Department NCGE, Other District Judge, Presiding; Jury Trial - Full Day of Trial Held

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  • 05/15/2018
  • Exhibit List (PLAINTIFFS' AND DEFENDANTS' FINAL JOINT TRIAL EXHIBIT LIST ); Filed by Attorney for Plaintiff

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  • 05/15/2018
  • Jury Question (JUROR #8 ); Filed by Clerk

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  • 05/15/2018
  • Jury Question (Juror #163741620 ); Filed by Clerk

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281 More Docket Entries
  • 05/28/2015
  • Order-Court Fee Waiver (GRANTED AS TO DANIELLE K. LITTLE ); Filed by Clerk

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  • 05/11/2015
  • Notice of Hearing on Demurrer (AND DEMURRER TO PLAINTIFF'S COMP; MPA IN SUPPORT THEREOF ); Filed by Attorney for Defendant

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  • 05/11/2015
  • Request for Judicial Notice; Filed by Attorney for Defendant

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  • 05/11/2015
  • Notice of Motion (AND MOTION TO STRIKE; MPA IN SUPPORT THEREOF ); Filed by Attorney for Defendant

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  • 04/09/2015
  • at 08:30 am in Department NCGD, John P. Doyle, Presiding; Conference-Case Management (2) OSC REGARDING DISMISSAL/SERVICEBY PUBLICATION) - Continued

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  • 02/19/2015
  • at 08:30 am in Department NCGD, John P. Doyle, Presiding; OSC-Failure to Appear (OSC RE: DISMISSAL FOR FAILURE TOAPPEAR ON 01/26/15;) - OSC Discharged

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  • 01/26/2015
  • at 08:30 am in Department NCGD, John P. Doyle, Presiding; Order to Show Cause (FAILURE TO COMPLY WITH TRIAL COURT DELAY REDUCTION ACT) - No Appearance

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  • 01/26/2015
  • OSC-RE Other (Miscellaneous); Filed by Clerk

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  • 11/10/2014
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 11/10/2014
  • Complaint filed-Summons Issued (RECEIPT: BUR529537012 11-10-14 ); Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: EC063256    Hearing Date: December 27, 2019    Dept: E

MOTION FOR PRE-JUDGMENT INTEREST

Date: 12/27/19

Case: Gabrielle Alberici, et al. v. Vince Davis, et al. (EC 063256)

TENTATIVE RULING:

Plaintiff Gabrielle Alberici’s and Nicholas Gross’s Motion for Mandatory Prejudgment Interest is DENIED.

On 9/27/19, the Court granted plaintiffs’ motion to enter judgment and directed plaintiffs to submit a proposed judgment in their favor in the amount of $375,000. Plaintiffs defied that Court order. Instead, plaintiffs filed a motion for “partial reconsideration” of the Court’s 9/27/19 decision and for pre-judgment interest of $1,882.32. On 11/1/19, the Court denied the request for reconsideration, awarded the requested pre-judgment interest, and ordered plaintiffs to submit a proposed judgment in accordance therewith. Plaintiffs defied that Court order. Instead, plaintiffs brought the instant motion seeking $186,678.08 in prejudgment interest on the $375,000 amount set forth in the 11/1/19 order, calculated from the date the Complaint was filed (11/10/14) to the date of this Court’s order (11/1/19).

Putting aside the fact that it would appear no damages were ascertainable for purposes of calculating pre-judgment interest at least until the parties reached their confidential settlement agreement on 5/16/18, the Court finds plaintiffs waived any claim for prejudgment interest on damages as claimed in their 11/10/14 Complaint. The 5/16/18 settlement agreement provides for a release of all obligations arising from this action. The “Mutual Release” in that agreement states, in relevant part: “This Agreement resolves any claims for relief that have ever been alleged and that could have been alleged, no matter how characterized, including, without limitation, claims for compensatory damages, damages for breach of contract, breach of fiduciary duty damages, legal malpractice damages, bad faith damages, reliance damages, liquidated damages, damages for humiliation, embarrassment and/or emotional distress, punitive damages, costs and attorney's fees related to or arising from the PARTIES’ RELATIONSHIP and the Action.” (Proposed Order, Ex. 3 [Settlement Agreement ¶ 1b].) Accordingly, plaintiffs are not entitled to pre-judgment interest as sought in the Complaint. (See Villacres v. ABM Industries Inc. (2010) 189 Cal.App.4th 562, 589 [release of “all claims and causes of action” in settlement agreement must be given a comprehensive scope].)

By contrast, the Mutual Release does not necessarily appear to waive pre-judgment interest claims subsequently arising from defendants’ failure to make timely installment payments in accordance with the settlement agreement. For this reason, the Court does not revisit its prior decision to grant plaintiffs’ request for $1,882.32 in pre-judgment interest – relief defendants improperly seek in their untimely opposition to the instant motion. (See Opp. at 5 [“Defendants implore the court to reconsider its decision to grant $1,882.32 in prejudgment interest . . .].)

Plaintiffs are hereby ORDRED to submit by no later than 1/10/20 a Proposed Judgment for $376,882.32, in accordance with this Court’s orders in this matter. The Court also orders plaintiffs to show cause why they should not be sanctioned $1,882.32 for failure to submit proposed judgments as twice ordered by this Court. The hearing on such order to show cause is set for 1/29/20, at 8:30 AM, in Department E of the Glendale Courthouse. If the Court were to receive a proposed judgment and enter judgment thereon prior to 1/29/20, the hearing will come off calendar and the order to show cause shall be discharged.

Case Number: EC063256    Hearing Date: November 01, 2019    Dept: E

MOTION FOR RECONSIDERATION

MOTION FOR PRE-JUDGMENT INTEREST

Date: 11/1/19

Case. Gabrielle Alberici, et al. v. Vince Davis, et al. (EC 063256)

TENTATIVE RULING:

Plaintiffs’ Motion for Partial Reconsideration is DENIED.

Plaintiffs have failed to show any new or different facts which were not known to plaintiffs or could not have been presented to the Court at the previous hearing on which the motion is based, as required under CCP § 1008. The documents submitted in support of the motion all predate the previous hearing. Moreover, even if the Court were to reconsider its ruling in light of the arguments made in the moving papers, the Court’s ruling would not change. Essentially, the argument now is that paragraph 19 of the Settlement Agreement permitted amendment. While that is true, that provision permits amendment “only upon an agreement in writing.” No written amendment to the settlement agreement has been put before the Court, and the declaration of Vincent Davis in which he states he “previously agreed and stipulated to pay an additional $7,500 as penalty for late payments” does not substitute for an “agreement in writing” as required by paragraph 19.

Defendants’ request for sanctions under CCP § 128.7 is DENIED. Defendants have not complied with the procedural requirements of that section, as defendants have not permitted the mandatory safe harbor to allow plaintiffs to withdraw their motion.

Plaintiffs’ UNOPPOSED Motion for Mandatory Prejudgment Interest is GRANTED. The judgment shall include $1,882.32 in prejudgment interest. The judgment shall also provide that post-judgment interest is to be calculated at the legal rate.

Plaintiffs to submit proposed form of judgment.