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This case was last updated from Los Angeles County Superior Courts on 04/03/2016 at 02:43:41 (UTC).

HIGHLAND COMPANIES LLC VS IMPACT DEVELOPMENT GROUP

Case Summary

On 06/16/2014 HIGHLAND COMPANIES LLC filed a Contract - Other Contract lawsuit against IMPACT DEVELOPMENT GROUP. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHELLE R. ROSENBLATT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8740

  • Filing Date:

    06/16/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHELLE R. ROSENBLATT

 

Party Details

Plaintiff

HIGHLAND COMPANIES LLC

Claimant

DOWNS GARY P.

Defendants

DOES 1-20

IMPACT DEVELOPMENT GROUP

IMPACT DEVELOPMENT GROUP LLC

Others

PMG PROPERTIES INC.

HERRMAN DON

HASKELL ROBERT

Attorney/Law Firm Details

Plaintiff Attorneys

GLASER WEIL FINK JACOBS HOWARD AVCHEN

GLASER WEIL FINK ET AL. LLP

Defendant Attorney

SHARTSIS FRIESE LLP

Other Attorneys

TROY GOULD PC

FRANKEL & TENNANT

 

Court Documents

PROOF OF SERVICE AMENDED

7/21/2014: PROOF OF SERVICE AMENDED

IMPACT DEVELOPMENT GROUP, LLC AND GARY P. DOWNS' NOTICE OF MOTION AND MOTION TO COMPEL PMG PROPERTIES, INC. TO COMPLY WITH SUBPOENA

5/22/2015: IMPACT DEVELOPMENT GROUP, LLC AND GARY P. DOWNS' NOTICE OF MOTION AND MOTION TO COMPEL PMG PROPERTIES, INC. TO COMPLY WITH SUBPOENA

NOTICE OF FURTHER STATUS CONFERENCE

6/8/2015: NOTICE OF FURTHER STATUS CONFERENCE

NOTICE THAT HEARING ON IMPACT DEVELOPMENT GROUP, LLC AND GARY P. DOWNS' MOTION TO COMPEL PMG PROPERTIES, INC. TO COMPLY WITH SUBPOENA IS OFF CALENDAR

6/19/2015: NOTICE THAT HEARING ON IMPACT DEVELOPMENT GROUP, LLC AND GARY P. DOWNS' MOTION TO COMPEL PMG PROPERTIES, INC. TO COMPLY WITH SUBPOENA IS OFF CALENDAR

Minute Order

7/17/2015: Minute Order

NOTICE THAT HEARING ON IMPACT DEVELOPMENT GROUP, LLC AND GARY P. DOWNS' MOTION TO COMPEL DON HERRMAN TO COMPLY WITH SUBPOENA IS OFF CALENDAR

9/15/2015: NOTICE THAT HEARING ON IMPACT DEVELOPMENT GROUP, LLC AND GARY P. DOWNS' MOTION TO COMPEL DON HERRMAN TO COMPLY WITH SUBPOENA IS OFF CALENDAR

Minute Order

3/29/2016: Minute Order

Unknown

6/20/2016: Unknown

Unknown

8/15/2016: Unknown

Minute Order

8/19/2016: Minute Order

Unknown

1/6/2017: Unknown

Unknown

1/10/2017: Unknown

VVA-TWO, LLC'S NOTICE OF MOTION AND MOTION TO FILE UNDER SEAL: (1) PETITION TO VACATE ARBITRATION AWARD AND OPPOSITION TO IDG'S PETITION TO CONFIRM AWARD; ETC.

7/24/2017: VVA-TWO, LLC'S NOTICE OF MOTION AND MOTION TO FILE UNDER SEAL: (1) PETITION TO VACATE ARBITRATION AWARD AND OPPOSITION TO IDG'S PETITION TO CONFIRM AWARD; ETC.

DECLARATION OF MICHAEL L. CYPERS IN SUPPORT OF VVA-TWO, LLC'S PETITION TO VACATE ARBITRATION AWARD; AND OPPOSITION TO IMPACT DEVELOPMENT GROUP, LLC'S PETITION TO CONFIRM ARBITRATION AWARD [VOLUME 2 OF

7/24/2017: DECLARATION OF MICHAEL L. CYPERS IN SUPPORT OF VVA-TWO, LLC'S PETITION TO VACATE ARBITRATION AWARD; AND OPPOSITION TO IMPACT DEVELOPMENT GROUP, LLC'S PETITION TO CONFIRM ARBITRATION AWARD [VOLUME 2 OF

IMPACT DEVELOPMENT GROUP, LLC'S OBJECTION TO VVA-TWO, LLC'S REPLY IN SUPPORT OF PETITION TO VACATE ARBITRATION AWARD

8/22/2017: IMPACT DEVELOPMENT GROUP, LLC'S OBJECTION TO VVA-TWO, LLC'S REPLY IN SUPPORT OF PETITION TO VACATE ARBITRATION AWARD

IMPACT DEVELOPMFNT GROUP, LLC'S STATUS CONFERENCE STATEMENT

10/12/2017: IMPACT DEVELOPMFNT GROUP, LLC'S STATUS CONFERENCE STATEMENT

Minute Order

11/6/2017: Minute Order

NOTICE OF RULING AND NOTICE OF CONTINUANCE OF NOVEMBER 8, 2017 STATUS CONFERENCE TO DECEMBER 4, 2017

11/7/2017: NOTICE OF RULING AND NOTICE OF CONTINUANCE OF NOVEMBER 8, 2017 STATUS CONFERENCE TO DECEMBER 4, 2017

83 More Documents Available

 

Docket Entries

  • 11/19/2015
  • Statement-Case Management Filed by Attorney for Plaintiff/Petitioner

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  • 09/15/2015
  • Notice (Notice that Hearing on Impact Development Group, LLC and Gary P. Downs' Motion to Compel Don Herrman to Comply with Subpoena is Off Calendar ) Filed by Attorney for Defendant/Respondent

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  • 06/29/2015
  • Proof of Service Filed by Attorney for Defendant/Respondent

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  • 06/26/2015
  • Motion to Compel (COMPLIANCE WITH SUBPOENA; /SEPARATE STATEMENT/DECLARATIONS IN SUPPORT TO BE HELD 9/29/15 ) Filed by Attorney for Defendant/Respondent

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  • 06/19/2015
  • Notice (that Defendant Impact Development Group, LLC's and Gary P. Downs' [July 17, 2015] Motion to Compel PMG Properties, Inc. to Comply with Subpoena is OFF Calendar ) Filed by Attorney for Defendant/Respondent

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  • 06/08/2015
  • Notice (of further status conf. ) Filed by Attorney for Defendant/Respondent

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  • 05/27/2015
  • Statement-Case Management Filed by Attorney for Defendant/Respondent

    Read MoreRead Less
  • 05/26/2015
  • Statement-Case Management Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 05/22/2015
  • Declaration (of Felicia A. Draper in Support of Defendant Impact Development Group LLC's and Claimant Gary. P. Downs' Motion to Compel PMG Properties, Inc. to Comply with 2/13/15 Arbitration Subpoena) Filed by Attorney for Defendant/Respondent

    Read MoreRead Less
  • 05/22/2015
  • Declaration (of Claimant Gary P. Downs in Support of Impact Development Group, LLC's and His Motion to Compel PMG Properties, Inc. to Comply with 2/13/15 Arbitration Subpoena) Filed by Attorney for Defendant/Respondent

    Read MoreRead Less
2 More Docket Entries
  • 05/22/2015
  • Proof of Service (of Defendant Impact Development Group, LLC's and Claimant Gary P. Downs' Motion to Compel PMG Properties Inc. to Comply with the Febriaru 13, 2015 Arbitration Subpoena) Filed by Attorney for Defendant/Respondent

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  • 04/01/2015
  • Notice of Ruling (/ORDER; ) Filed by Attorney for Plaintiff/Petitioner

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  • 01/21/2015
  • Notice of Continuance Filed by Clerk

    Read MoreRead Less
  • 08/27/2014
  • Stipulation and Order (to stay proceedings pending arb ) Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 08/27/2014
  • Order (to stay proceedings pending arb. ) Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 08/13/2014
  • Notice-Case Management Conference Filed by Clerk

    Read MoreRead Less
  • 07/21/2014
  • Proof-Service/Summons Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 07/03/2014
  • Proof-Service/Summons (BY MAIL ) Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 07/03/2014
  • Proof-Service/Summons Filed by Attorney for Plaintiff/Petitioner

    Read MoreRead Less
  • 06/16/2014
  • Complaint Filed by Attorney for Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC548740    Hearing Date: November 09, 2020    Dept: 40

MOVING PARTY: Plaintiff’s Counsel

OPPOSITION: None Submitted

Michael Cypers of the law firm Glaser Weil Fink Howard Avchen & Shapiro LLP (“Counsel”) seek to be relieved as attorney of record for Plaintiff WA-TWO, LLC formerly known as Highland Companies, LLC (“Plaintiff”).

Counsel has filed form MC-051, notice of motion and motion, as required by CRC Rule 3.1362. Counsel has also filed form MC-052, a declaration and has lodged a proposed order, form MC-053.

Counsel has served opposing counsel and Plaintiff, who has acknowledged receiving the motion, at their last known address. The matter is post-arbitration.

Counsel states that they have irreconcilable differences with Plaintiff.

Conclusion: Counsel’s motion to be relieved as counsel is GRANTED and counsel to provide notice.

Case Number: BC548740    Hearing Date: June 23, 2020    Dept: 40

MOVING PARTY: Defendant Impact Development Group

OPPOSITION: Plaintiff VVA Two, LLC

In 2014, Plaintiff VVA Two, LLC (“VVA”), formally known as Highland Companies, LLC sued Defendant Impact Development Group (“IDG”) for damages and specific performance concerning a real estate transaction. The matter was heard by a JAMS arbitrator who issued an arbitration award. On July 11, 2017, IDG filed an opposed petition to confirm the arbitration award. On May 7, 2018, Judgment was entered in favor of IDG, confirming the arbitration award. The Judgment declares that “VVA is enjoined from taking any further distributable cash.” (May 2018 Judgment, Ex. B, p. 11.)

In January 2020, IDG was advised that $2,040,000.00 was transferred from the property management operating accounts to two Wells Fargo bank accounts solely controlled by William Rice (“Rice”), an owner of VVA. IDG alleges that this transfer violated the Judgment.

On March 17, 2020, IDG filed this motion requesting that an order be issued requiring Rice and VVA to return the money to the accounts of origin within 24 hours of the granting of the motion. Alternatively, if the funds cannot be immediately returned, IDG requests that Rice and VVA be ordered to provide detailed information about the loan. On June 10, 2020, VVA filed an opposition.

Standard: Code of Civil Procedure § 128 subd. (a) states that “Every court shall have the power to do all of the following: (4) To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein.

Analysis: IDG states that on January 23, 2020, it was advised by RBC Tax Credit Manager II, Inc., the limited partner in the partnership that owns the real estate, that the HPD Twin Oaks LLC (“Twin Oaks”) and HPD Villa Vasona LLC partnerships (“Villa Vasona”) “intended to cause the partnerships to make an unsecured loan to Triton Community Development LLC on January 24, 2020.” Rice is the sole member of Triton and an owner of VVA. IDG argues that pursuant to the Judgment, VVA is enjoined from taking any distributable cash. According to IDG, Rice and VVA have violated the Judgment by moving $2,040,000.00 to accounts in which Rice has sole control.

VVA argues that the Court’s judgment is stayed pending the appeal. Although the Court of Appeal on May 12, 2020, issued a decision in IDG’s favor, the remittitur has not yet been issued. Moreover, VVA states that it is considering filing a petition for review to the California Supreme Court. VVA also argues that it has not violated the judgment. VVA states that it has provided bank statements to IDG that demonstrate that from March 31, 2020 to May 31, 2020, no money has been transferred from the Twin Oaks’ and Villa Vasona’s accounts. (Oppo., Ex 5, 6.)

An appeal stays a mandatory but not a prohibitory injunction. URS Corp. v. Atkinson/Walsh Joint Venture (2017) 15 Cal.App.5th 872, 884. “An injunction is an order or decree of a court either preventing (prohibitory injunction) or compelling (mandatory injunction) an act.” (6 Witkin Cal. Procedure (5th ed. 2008) Provisional Remedies, § 274.)

Here, the order was a prohibitory injunction because VVA was prevented from taking distributable cash. Therefore, the matter is not stayed and the Court may hear it. In any case, the remittitur is likely to be issued imminently. Although, VVA has provided bank statements it is unclear why they have only provided bank statements starting from March.

The Court will not presently order VVA to return the money to the accounts because it is unclear if the Judgment has actually been violated. To determine if VVA has violated the Judgment, the Court will require VVA to provide IDG with bank statements for all the partnership accounts going back to January 1, 2019.

Accordingly, IDG’s motion is GRANTED IN PART, as follows:

1) provide bank account statements for all partnership accounts going back to January 1, 2019;

2) provide all correspondence with RBC in the last year, including the most recent;

3) provide the General Ledger for the Villa Vasona and Twin Oaks partnerships going back to the January 1, 2019;

4) provide loan documentation for any loans made by the partnerships;

5) explain why in excess of $2,040,000.00 was transferred to accounts solely controlled by William Rice;

6) provide a letter from the bank where that money sits confirming that neither the money nor the account has been pledged, margined or hypothecated in any way; and

7) provide a date certain as to when the funds will be returned to the accounts of origin.

Conclusion: Defendant IDG’s motion is GRANTED in part and VVA is ordered to provide IDG with bank account statements for all partnership accounts going back to January 1, 2019.

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