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This case was last updated from Los Angeles County Superior Courts on 05/12/2020 at 20:59:42 (UTC).

HERIBERTA FLORES ET AL VS 341 S ALVARADO LLC ET AL

Case Summary

On 01/08/2016 HERIBERTA FLORES filed a Property - Other Real Property lawsuit against 341 S ALVARADO LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DALILA CORRAL LYONS and MARC MARMARO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6662

  • Filing Date:

    01/08/2016

  • Case Status:

    Pending - Other Pending

  • 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

DALILA CORRAL LYONS

MARC MARMARO

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

FLORES VIVIANA ARELI IBARRA

FLORES HERIBERTA

CUX JUAN MACARIO

PUAC SANTOS

PALACIOS EILEEN

CUX MACARIO

LOPEZ BLANCA LILIAM

Defendants, Respondents and Cross Defendants

341 S. ALVARADO LLC

MF PROPERTY MANAGEMENT

COMMONWEALTH PROPERTIES LLC

KASHANI MOUSSA

WINTNER JONATHAN

ALVARADO LLC

FROEHLICH MICHAEL

Defendant and Cross Plaintiff

COMMONWEALTH PROPERTIES LLC

Minors

MACARIO MAGDALENA

PUAC ALLISON ROSALINDA

MACARIO ANA

PALACIOS CESAR ETHEN CARDONA

PUAC ERIK

PUAC ANTHONY SANTOS

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

RILEY LAW GROUP APC

RILEY GRANT K ESQ.

Defendant Attorneys

GREEN & HALL APC

LEONARD EDWARD R. ESQ.

GREEN & HALL LLP

GASPARIAN MARAL I. ESQ.

CP LAW GROUP

BERGER ABRAHAM ESQ.

HARRINGTON FOXX DUBROW & CANTER LLP

CHANG STEVEN P. ESQ.

CHANG STEVEN PO ESQ.

INJEYAN MARAL ESQ.

SLIPP JONATHAN MATTHEW

GLASS ZAKIYA N. ESQ.

Cross Defendant Attorney

GRUPPIE GUY ROBERT

Other Attorneys

SEDIVY JAMES A. ESQ.

GRUPPIE GUY R. ESQ.

 

Court Documents

Statement of the Case - COURT'S RULING/STATEMENT OF THE CASE

1/30/2017: Statement of the Case - COURT'S RULING/STATEMENT OF THE CASE

Notice - NOTICE OF CONTINUANCE OF STUBBS ALDERTON & MARKILES, LLPS MOTION TO BE RELIEVED AS COUNSEL

10/10/2019: Notice - NOTICE OF CONTINUANCE OF STUBBS ALDERTON & MARKILES, LLPS MOTION TO BE RELIEVED AS COUNSEL

NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED CROSS-COMPLAINT OF COMMONWEALTH PROPERTIES, LLC BY CROSS-DEFENDANT 341 S. ALVARADO

9/19/2018: NOTICE OF MOTION AND MOTION TO STRIKE FIRST AMENDED CROSS-COMPLAINT OF COMMONWEALTH PROPERTIES, LLC BY CROSS-DEFENDANT 341 S. ALVARADO

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

1/8/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

1/8/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

DEFENDANT COMMONWEALTH PROPERTIES, LLC'S ANSWER TO COMPLAINT

2/24/2016: DEFENDANT COMMONWEALTH PROPERTIES, LLC'S ANSWER TO COMPLAINT

CASE MANAGEMENT STATEMENT -

4/28/2016: CASE MANAGEMENT STATEMENT -

PLAINTIFFS' CASE MANAGEMENT CONFERENCE REPORT

5/25/2016: PLAINTIFFS' CASE MANAGEMENT CONFERENCE REPORT

PLAINTIFFS' NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF GRANT K. RILEY IN SUPPORT THEREOF

6/8/2016: PLAINTIFFS' NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF GRANT K. RILEY IN SUPPORT THEREOF

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

7/20/2016: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

8/10/2016: PROOF OF SERVICE OF SUMMONS ON FIRST AMENDED COMPLAINT

NOTICE OF JOINDER AND JOINDER OF DEFENDANT CETUS ENTERPRISES, INC. TO DEFENDANT ALVARADO, LLC'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT

9/30/2016: NOTICE OF JOINDER AND JOINDER OF DEFENDANT CETUS ENTERPRISES, INC. TO DEFENDANT ALVARADO, LLC'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT

EX PARTE APPLICATION OF DEFENDANTS JONATHAN WINTNER AND MICHAEL FROEHLICH FOR AN ORDER TO SPECIALLY SET HEARING ON MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARAL I. GASP

5/5/2017: EX PARTE APPLICATION OF DEFENDANTS JONATHAN WINTNER AND MICHAEL FROEHLICH FOR AN ORDER TO SPECIALLY SET HEARING ON MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARAL I. GASP

DECLARATION OF SHARON S. JEFFREY IN SUPPORT OF COMMONWEALTH PROPERTIES' EX PARTE APPLICATION TO CONTINUE TRIAL

5/18/2017: DECLARATION OF SHARON S. JEFFREY IN SUPPORT OF COMMONWEALTH PROPERTIES' EX PARTE APPLICATION TO CONTINUE TRIAL

PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY

6/16/2017: PETITION TO APPROVE COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR OR PERSON WITH A DISABILITY

NOTICE OF SETTLEMENT AND APPLICATION OF LB PROPERTY MANAGEMENT, INC. AND CETUS ENTERPRISES, INC. FOR DETERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 877 AND 877.6(A)

6/19/2017: NOTICE OF SETTLEMENT AND APPLICATION OF LB PROPERTY MANAGEMENT, INC. AND CETUS ENTERPRISES, INC. FOR DETERMINATION OF GOOD FAITH SETTLEMENT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 877 AND 877.6(A)

AMENDED TO APPROVE: COMPROMISE OF PENDING ACTION- MINOR

6/29/2017: AMENDED TO APPROVE: COMPROMISE OF PENDING ACTION- MINOR

Minute Order -

9/11/2017: Minute Order -

242 More Documents Available

 

Docket Entries

  • 12/01/2020
  • Hearing12/01/2020 at 10:00 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 11/24/2020
  • Hearing11/24/2020 at 08:30 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/15/2020
  • Hearing07/15/2020 at 10:00 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 07/15/2020
  • Hearing07/15/2020 at 10:00 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 04/28/2020
  • Docketat 10:00 AM in Department 37; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 04/28/2020
  • Docketat 08:30 AM in Department 37; Hearing on Motion to be Relieved as Counsel - Not Held - Advanced and Continued - by Court

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  • 04/22/2020
  • DocketNotice (of continuance of Motion to Be Relieved as Counsel); Filed by Commonwealth Properties, LLC (Legacy Party)

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  • 04/20/2020
  • Docketat 08:30 AM in Department 37; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 04/17/2020
  • DocketCertificate of Mailing for ([Minute Order (Court Order)]); Filed by Clerk

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  • 04/16/2020
  • Docketat 1:30 PM in Department 37; Court Order

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497 More Docket Entries
  • 01/08/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 01/08/2016
  • DocketComplaint; Filed by Juan Macario Cux (Plaintiff); Heriberta Flores (Plaintiff); Viviana Areli Ibarra Flores (Plaintiff) et al.

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  • 01/08/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 01/08/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

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  • 01/08/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 01/08/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

    Read MoreRead Less
  • 01/08/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 01/08/2016
  • DocketCOMPLAINT FOR: 1) BREACH OF IMPLIED WARRANTY OF HABITABILITY; ETC

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  • 01/08/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 01/08/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL

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Tentative Rulings

Case Number: BC606662    Hearing Date: October 07, 2020    Dept: 37

HEARING DATE: October 7, 2020

CASE NUMBER: BC606662

CASE NAME: Heriberta Flores et al. v. 341 S. Alvarado LLC, et al.

MOVING PARTY: Defendant and Cross-Defendant, 341 S. Alvarado LLC

OPPOSING PARTY: Cross-Complainant Commonwealth Properties, LLC

TRIAL DATE: April 13, 2021

PROOF OF SERVICE: OK

PROCEEDING: Defendant’s Motion to Compel Deposition of Person Most Knowledgeable

OPPOSITION: September 24, 2020

REPLY: September 30, 2020

TENTATIVE: 341 S. Alvarado’s Motion to Compel the Deposition of Commonwealth’s PMK is GRANTED. Commonwealth shall confer with 341 S. Alvarado and agree to a deposition date, pursuant to the July 10, 2020 notice, within the next seven days, and the date shall be and the deposition shall be commenced within the next 45 days. The deponent may insist on a remote deposition pursuant to section 2025.310(d), but it is Commonwealth’s responsibility to arrange for any system requirements for him to participate remotely. Failure to do so, may result in sanctions pursuant to the CCP. No sanctions will be awarded to either party for this motion.

Background

This is a habitability case.  Plaintiffs are eighteen individuals comprising three families who respectively reside at units 200, 208, and 308 of the premises located at 341 S. Alvarado Street, Los Angeles, California 90057 (the “Subject Property”).  Defendants—341 S. Alvarado, LLC (“341 S. Alvarado”); Jonathan Wintner; MF Buildings, Inc. dba MF Property Management (MFPM); Michael Froehlich; Commonwealth Properties, LLC (“Commonwealth”); Alvarado, LLC (“Alvarado”); and Moussa Kashani—are alleged to be the owners and managers of the property at various points in time from 2012 to the present.  Plaintiffs alleged that 341 S. Alvarado owned the property from June 12, 2012 to May 30, 2014 and that Commonwealth owned the property from May 30, 2014 to April 16, 2015, and that Alvarado has owned the property since April 16, 2015. 

Cross-Complainant Commonwealth filed a Cross-Complaint against 341 S. Alvarado on May 22, 2017.  Plaintiffs filed a notice of settlement of the entire case on June 30, 2017, but Commonwealth’s cross-claims against 341 S. Alvarado have not been settled or dismissed.   

On March 13, 2020, Commonwealth’s attorney, James A. Sedivy, filed a Motion to be Relieved as Counsel. On April 16, 2020, the court continued the hearing on this motion to July 15, 2020. The Motion to be Relieved as Counsel was subsequently withdrawn by Commonwealth prior to July 15, 2020.

341 S. Alvarado now moves to compel the deposition of Commonwealth’s Person Most Knowledgeable, Moussa Kashani (“Kashani.”) Commonwealth opposes the motion.

Meet and Confer 

A motion to compel deposition must be accompanied by a good faith meet and confer declaration under section 2016.040 or, “when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.”  (Code Civ. Proc., § 2025.450, subd. (b)(2).)  A declaration under section 2016.040 must state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented in the motion.  (Code Civ. Proc., § 2016.040.)  

341 S. Alvarado submits the declaration of its attorney, Eric P. Weiss (“Weiss”) to demonstrate that it has fulfilled its statutory meet and confer obligations prior to filing the instant motion. Weiss attests that his office has noticed the deposition of Kashani on three occasions for October 2, 2019, November 21, 2019 and January 30, 2020. (Weiss Decl. ¶ 8, Exhibits A-C.) Kashani did not appear at any of these depositions. (Id.)

Thereafter, Weiss attests that his office noticed Kashani’s deposition for the fourth time, for July 10, 2020. (Weiss Decl. ¶ 9.) On July 3, 2020, Commonwealth’s counsel objected and indicated that Kashani would not appear. (Id.; Exhibit E.) In response, Weiss indicated that the deposition would only be continued if “firm dates” were provided by July 9, 2020. (Id.; Exhibit F.)

Subsequently, and according to Weiss, the parties entering into a stipulation by which Kashani would appear at a date certain. (Weiss Decl. ¶ 12, Exhibit H.) Thereafter, Weiss attests that he circulated a copy of the stipulation but did not receive a date certain from Commonwealth’s counsel as of the filing of the instant motion by which Kashani would appear. (Id.)

The court finds that the Weiss Declaration is sufficient for purposes of Code of Civil Procedure, section 2025.450, subdivision (b)(2). Kashani has not appeared for any deposition, and Weiss has attested that he inquired about Kashani’s nonappearance.

Discussion 

 

  1. Legal Standard 

    Code of Civil Procedure, section 2025.450, provides in relevant part:

    (a)  If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.  

    (Code Civ. Proc., § 2025.450, subd. (a).)  The motion must set forth specific facts justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.  (Id. § 2025.450, subd. (b)(1).)   

  2. Analysis

     

    341 S. Alvarado argues that an order compelling Kashani’s deposition is required because Kashani is the owner and PMK for Commonwealth, and was primarily involved in the transaction with 341 S. Alvarado that forms the basis of the operative First Amended Cross Complaint. (Motion, 6-7.)

    In opposition, Commonwealth contends that an order compelling Kashani’s deposition is not warranted for the following reasons: (1) Commonwealth timely objected to all four notices of Kashani’s deposition for valid reasons, (2) Commonwealth agrees to produce Kashani for deposition on October 30, 2020, so no order is necessary even though no stipulation has been reached on that date, (3) Commonwealth has not received “meaningful discovery responses” from 341 S. Alvarado, which Commonwealth contends is necessary prior to Kashani’s deposition. (Opposition, 5-8.)

    Further, Commonwealth contends any delay in producing Kashani for deposition can also be attributed to COVID-19 and submits Kashani’s Declaration in support of this contention. Kashani attests in support of Commonwealth’s opposition that he is “70 years old” and “not in the best of health.” (Kashani Decl. ¶ 2.) Additionally, Kashani attests that he does not know how to operate a computer “for any purpose,” including email, or downloading “applications or programs.” (Id.) Thus, Kashani attests that he will not be able to appear for a remote deposition given these issues. (Id.) Additionally, Kashani attests that due to his advanced age, he does not feel that “it is safe” for him to attend an in-person deposition given the risk of COVID-19. (Kashani Decl. ¶ 3.) Further, Commonwealth’s counsel Jeffrey Gersh (“Gersh”) also attests that on September 21, 2020, he met and conferred with Weiss regarding Kashani’s Deposition and the parties discussed Kashani’s difficulties with setting up a remote deposition and that Kashani could not guarantee that he would obtain the necessary assistance by October 30, 2020. (Gersh Decl. ¶ 21.)

    In reply, 341 S. Alvarado contends that an order compelling Kashani’s deposition is warranted because Kashani failed to appear at his duly noticed deposition on July 10, 2020 and Commonwealth’s counsel has unreasonably frustrated 341 S. Alvarado’s attempts to depose Kashani since October 2019 by filing and then withdrawing its motion to be relieved as counsel. (Reply, 3-6.) Further, 341 S. Alvarado contends that whether Commonwealth has received its discovery responses has no bearing on whether an order compelling Kashani’s deposition is warranted. (Id.)

    The court agrees with 341 S. Alvarado that an order compelling Kashani’s deposition is warranted. Commonwealth’s objection to the July 10, deposition was primarily a scheduling issue. Unless there was an agreement that the deposition would not be taken until after the written discovery responses as condition for an extension of time, the timing of the deposition and the discovery response is irrelevant. The scheduling must be resolved by scheduling and completing the deposition.

    Further, the court recognizes the challenges in conducting depositions in light of COVID-19, but such difficulties do not absolve Commonwealth of the need to produce Kashani for deposition. Pursuant to Code of Civil Procedure section 2025.310, subdivision (b), “any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent.”

    341 S. Alvarado’s Motion to Compel the Deposition of Commonwealth’s PMK is GRANTED. Commonwealth shall confer with 341 S. Alvarado and agree to a deposition date, pursuant to the July 10, 2020 notice, within the next seven days, and the date shall be and the deposition shall be commenced within the next 45 days. Failure to do so, may result in sanctions pursuant to the CCP.

    The deponent may insist on a remote deposition pursuant to section 2025.310(d), but it is Commonwealth’s responsibility to arrange for any system requirements for him to participate remotely.

  3. Monetary Sanctions

    Code of Civil Procedure, section 2025.450, subdivision (g) requires the court to impose a monetary sanction in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, “unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc., § 2025.480, subd. (j).)

    The court finds that the parties are mutually responsible for this motion coming before the court, and it would be unjust to award sanctions to either party.

    Conclusion

    341 S. Alvarado’s Motion to Compel the Deposition of Commonwealth’s PMK is GRANTED. Commonwealth shall confer with 341 S. Alvarado and agree to a deposition date, pursuant to the July 10, 2020 notice, within the next seven days, and the date shall be and the deposition shall be commenced within the next 45 days. The deponent may insist on a remote deposition pursuant to section 2025.310(d), but it is Commonwealth’s responsibility to arrange for any system requirements for him to participate remotely. Failure to do so, may result in sanctions pursuant to the CCP. No sanctions will be awarded to either party for this motion.

    The deponent may insist on a remote deposition pursuant to section 2025.310(d), but it is Commonwealth’s responsibility to arrange for any system requirements for him to participate remotely. 341 S. Alvarado is to give notice.

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