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This case was last updated from Los Angeles County Superior Courts on 01/20/2021 at 07:11:13 (UTC).

GUY HART ET AL VS DON HART ET AL

Case Summary

On 08/22/2013 GUY HART filed a Property - Other Real Property lawsuit against DON HART. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GREGORY W. ALARCON, RICHARD FRUIN, DEIRDRE HILL and MARY ANN MURPHY. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9025

  • Filing Date:

    08/22/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GREGORY W. ALARCON

RICHARD FRUIN

DEIRDRE HILL

MARY ANN MURPHY

 

Party Details

Plaintiffs, Cross Defendants and Not Classified By Court

HART GUY

HART SARA

TEST PARTY FOR TRUST CONVERSION

Claimant

ELIRAN MOR M.D.

Defendants and Cross Plaintiffs

DGH LLC

DOES 1 THROUGH 10

EXLON ENTERPRISES

HART DON

NEXUS POINT

VELASQUEZ CARLOS

XCEL ENTERPRISE

POINT NEXUS

Interested Party

SANDERS ROBERTS & JEWETT LLP

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

PERLMAN DEBORAH KATE ESQ.

SCHWARTZ & FENSTER PROFESSIONAL CORP.

SHAGHZO ARMEN ESQ.

GLICKMAN & GLICKMAN LAW OFFICES OF

SHAGHZO & SHAGHZO LAW FIRM APC

SCHWARTZ & FENSTER PC

PERLMAN LAW INC.

SALISAN | LEE LLP

LAW OFFICE OF JOHN D. MONTE

Claimant Attorney

MURPHY M. LAURIE ESQ.

Defendant Attorneys

STOLLER MICHAEL T. ESQ.

MICHAEL T. STOLLER APC

Other Attorneys

FLECK DAVID L.

STOLLER MICHAEL T.

 

Court Documents

Writ - Return

1/10/2020: Writ - Return

NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

9/6/2013: NOTICE OF PENDENCY OF ACTION (LIS PENDENS)

NOTICE OF CONTINUED HEARING DATE

2/28/2014: NOTICE OF CONTINUED HEARING DATE

PLAINTFF?S OPPOSITION TO DEFENDANTS MOTION TO ENFORCE VOLUNTARY ARBITRATION AWARD; MEMORANI)UM OF POINTS AND AUTHORITIES: DECLARATIONS OF GUY ANI) SARA I ART IN SUPPOR1? THEREC)F; DI:CLARATION OF JOHN

5/12/2014: PLAINTFF?S OPPOSITION TO DEFENDANTS MOTION TO ENFORCE VOLUNTARY ARBITRATION AWARD; MEMORANI)UM OF POINTS AND AUTHORITIES: DECLARATIONS OF GUY ANI) SARA I ART IN SUPPOR1? THEREC)F; DI:CLARATION OF JOHN

AMENDMENT TO COMPLAINT (FICTITIOUS/INCORRECT NAME)

7/11/2014: AMENDMENT TO COMPLAINT (FICTITIOUS/INCORRECT NAME)

NOTICE OF FILING OF ARBITRATION AWARD

8/18/2014: NOTICE OF FILING OF ARBITRATION AWARD

RULING RE: DEFENDANTS' DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT DEFENDANTS' MOTION TO STRIKE TO PLAINTIFF'S FIRST AMENDED COMPLAINT.

10/6/2014: RULING RE: DEFENDANTS' DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT DEFENDANTS' MOTION TO STRIKE TO PLAINTIFF'S FIRST AMENDED COMPLAINT.

RULING RE: DEMURRER OF DEFENDANT TO SECOND AMENDED COMPLAINT.

11/13/2014: RULING RE: DEMURRER OF DEFENDANT TO SECOND AMENDED COMPLAINT.

NOTICE OF RECORDING NOTICE OF PENDING ACTION

1/14/2015: NOTICE OF RECORDING NOTICE OF PENDING ACTION

PLAINTIFFS AND CROSS-DEFENDANTS' NOTICE OF DEMURRER AND DEMURRERS TO VERIFIED FIRST AMENDED CROSS-COMPLAINT

3/27/2015: PLAINTIFFS AND CROSS-DEFENDANTS' NOTICE OF DEMURRER AND DEMURRERS TO VERIFIED FIRST AMENDED CROSS-COMPLAINT

DEFENDANTS AND CROSS-COMPLAINANT'S OBJECTIONS TO PLAINTIFF'S NOTICE TO APPEAR AT TRIAL

5/6/2015: DEFENDANTS AND CROSS-COMPLAINANT'S OBJECTIONS TO PLAINTIFF'S NOTICE TO APPEAR AT TRIAL

OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO. 2 TO PRECLUDE PLAINTIFFS FROM OFFERING ANY EVIDENCE RELATING TO ANY COMMUNICATIONS WITH SAM PINCHASSI WHICH PERTAIN TO THE ARBITRATION PROCEEDINGS OR CAL

5/11/2015: OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO. 2 TO PRECLUDE PLAINTIFFS FROM OFFERING ANY EVIDENCE RELATING TO ANY COMMUNICATIONS WITH SAM PINCHASSI WHICH PERTAIN TO THE ARBITRATION PROCEEDINGS OR CAL

THIRD-PARTY DEPONENT SAM PTHCHASSI'S EX PARTE APPLICATION TO QUASH SUBPOENA; DECLARATION OF JUSTIN H. SANDERS IN SUPPORT THEREOF

6/15/2015: THIRD-PARTY DEPONENT SAM PTHCHASSI'S EX PARTE APPLICATION TO QUASH SUBPOENA; DECLARATION OF JUSTIN H. SANDERS IN SUPPORT THEREOF

NOTICE OF UNAVAILABILITY OF COUNSEL

6/25/2015: NOTICE OF UNAVAILABILITY OF COUNSEL

PLAINT1FFS' NOTICE OF MOTION AND MOTION TO QUASH THE CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS TO US BANK SEEKING FINANCIAL RECORDS OF GUY HART; OR IN THE ALTERN

12/31/2015: PLAINT1FFS' NOTICE OF MOTION AND MOTION TO QUASH THE CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS TO US BANK SEEKING FINANCIAL RECORDS OF GUY HART; OR IN THE ALTERN

PLAINTIFFS' NOTICE OF MOTION AND MOTION TO QUASH THE CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS TO US BANK SEEKING TILE FINANCIAL RECORDS OF MAGIC GUMEALL INTERNA

12/31/2015: PLAINTIFFS' NOTICE OF MOTION AND MOTION TO QUASH THE CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS TO US BANK SEEKING TILE FINANCIAL RECORDS OF MAGIC GUMEALL INTERNA

PLAINTIFFS AND CROSS-DEFENDANTS' RESPONSE TO THE OBJECTIONS TO THE CLOSING STATEMENT, DECLARATION OF ARMEN SHAGHZO

5/24/2016: PLAINTIFFS AND CROSS-DEFENDANTS' RESPONSE TO THE OBJECTIONS TO THE CLOSING STATEMENT, DECLARATION OF ARMEN SHAGHZO

NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

5/15/2017: NOTICE OF DEFAULT (UNLIMITED CIVIL APPEALS)

502 More Documents Available

 

Docket Entries

  • 02/11/2021
  • Hearing02/11/2021 at 08:30 AM in Department 36 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Application for Order of Sale of Dwelling

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  • 01/11/2021
  • Docketat 08:30 AM in Department 36, Gregory W. Alarcon, Presiding; Hearing on Application for Order of Sale of Dwelling - Held - Continued

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  • 01/11/2021
  • DocketOrder (continuing applc on sale of dwelling); Filed by Clerk

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  • 01/11/2021
  • DocketMinute Order ( (Hearing on Application for Order of Sale of Dwelling)); Filed by Clerk

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  • 01/11/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore (as to Lisa Rouly, #9524)

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  • 01/08/2021
  • DocketResponse (of Plaintiffs to Third Party Eliran Mor's Statement); Filed by Sara Hart (Legacy Party); Guy Hart (Non-Party)

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  • 01/04/2021
  • DocketReply (DEFENDANT DON HART'S REPLY IN SUPPORT OF AN ORDER FOR SALE OF DWELLING; DECLARATION OF MICHAEL T. STOLLER); Filed by Don Hart (Legacy Party)

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  • 01/04/2021
  • DocketStatement of the Case; Filed by M.D. Eliran Mor (Claimant)

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  • 01/04/2021
  • DocketDeclaration re: Order for Sale of Dwelling; Filed by Don Hart (Legacy Party)

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  • 12/28/2020
  • DocketOpposition (PLAINTIFFS? OPPOSITION TO DEFENDANTS? APPLICATION FOR AN ORDER FOR SALE OF DWELLING AND ISSUANCE OF AN ORDER TO SHOW CAUSE WHY AN ORDER FOR SALE OF DWELLING SHOULD NOT BE ISSUED; DECLARATION); Filed by Guy Hart (Legacy Party); Sara Hart (Legacy Party)

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1,094 More Docket Entries
  • 09/10/2013
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/10/2013
  • DocketPROOF OF SERVICE SUMMONS

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  • 09/10/2013
  • DocketProof of Service (not Summons and Complaint); Filed by Guy Hart (Legacy Party)

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  • 09/10/2013
  • DocketSUMMONS

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  • 09/10/2013
  • DocketProof of Service (not Summons and Complaint); Filed by Guy Hart (Legacy Party)

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  • 09/06/2013
  • DocketNotice; Filed by Guy Hart (Legacy Party); Sara Hart (Legacy Party)

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  • 09/06/2013
  • DocketNOTICE OF PENDENCY OF ACTION (LIS PENDENS)

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  • 08/22/2013
  • DocketComplaint; Filed by Guy Hart (Legacy Party); Sara Hart (Legacy Party)

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  • 08/22/2013
  • DocketVERIFIED COMPLAINT FOR: 1. ACCOUNTING; ETC.

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  • 08/22/2013
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC519025    Hearing Date: January 11, 2021    Dept: 36

Superior Court of California

County of Los Angeles

Department 36

GUY HART, et al.,

Plaintiffs,

v.

DON HART; et al.,

Defendants.

Case No.: BC519025

Hearing Date: 1/11/2021

[TENTATIVE] RULING RE: Application for Order for Sale of Dwelling

The hearing is continued to February 16, 2021.

The parties are ordered to file supplemental briefs 10 days before the hearing.

Stay Pending Appeal

A threshold issue to this hearing is whether enforcement of the Judgment is stayed pending the resolution of the appeal of the Judgment. Judgment in this case was entered on May 15, 2018. Plaintiffs/Appellants filed a Notice of Appeal on July 12, 2018, appealing the Judgment. The appeal has not yet been resolved.

“Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” (CCP § 916(a).)

“Unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for any of the following: . . . Money or the payment of money . . . .” (CCP § 917.1(a)(1).) Under the Enforcement of Judgments Law, a “money judgment” means “that part of a judgment that requires the payment of money.” (CCP § 680.270.)

Here, the Judgment orders, in part: (1) to Plaintiff/Judgment Debtor Guy Hart, 25% ownership interest in the real property located at 458-460 N. Alta Vista, Los Angeles, CA 90038; (2) to Defendant/Judgment Creditor Don Hart, 25% ownership interest in the real property located at 458-460 N. Alta Vista, Los Angeles, CA 90038; (3) payments by Sara Hart and Guy Hart to Don Hart of $100,000 and $85,000, respectively; and (4) indemnification by Sara Hart and Guy Hart to Don Hart related to property not at issue in this application; and (5) for all parties to execute the appropriate documents to reflect provisions A-D of the Judgment, and payments to be made at the time of such execution.

Judgment Debtor Guy Hart asserts that this matter is subject to an automatic stay pending appeal. Judgment Creditors, along with Third Party Eliran Mor, assert that Judgment Creditors have obtained a money judgment, but have not offered authority establishing the same.

To resolve this threshold issue, the parties are ordered to submit a supplemental brief with supportive legal authority, addressing:

(1) Whether the Judgment of May 15, 2018 is subject to an automatic stay pending appeal without an undertaking, as a money judgment, despite that the Judgment does not exclusively order the payment of money.

(2) Whether the Judgment of May 15, 2018 is subject to an automatic stay pending appeal without an undertaking, under any other provision of the Code of Civil Procedure.

Dated: ____________________________

Gregory Alarcon

Superior Court Judge

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