On 12/22/2015 JOHN MODJESKI, filed a Contract - Other Contract lawsuit against ATHLETIC GAINES, 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 LISA HART COLE, H. JAY FORD III and BOBBI TILLMON. The case status is Pending - Other Pending.
****5173
12/22/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
LISA HART COLE
H. JAY FORD III
BOBBI TILLMON
THOMPSON STEPHEN
TRABER WILLIAM
COLLINS ALAN
MAJDICK BRYCE
CUNNINGHAM JERRY
MODJESKI JOHN
ORIANNE ANDRE
MAJDICK MARTIN
ATHLETIC GAINES NUTRITION LLC
GAINES TRAVELLE
ATHLETIC GAINES LLC
GAINES PERFORMANCE
BATSTONE MARTIN
BASKETT HENRY RANDALL III
GAINES INC.
LORENZ NICHOLAS
WOLF JORY
PERFORMANCE GAINES
BASKETT HANK
GROTH JASON
ALBUT CHRISTIAN J.
KIAMILEV CHANDRA ESKENDER
LAW SAN DIEGO BIZ
SAN DIEGO BIZ LAW
PAYNE RICHARD
SHEPPARD MULLIN RICHTER & HAMPTON LLP
ARDOIN MATTHEW G.
PALMER JUSTIN A.
5/15/2017: Minute Order
2/23/2018: Unknown
3/6/2018: Case Management Statement
6/11/2018: Proof of Service of Summons and Complaint
7/12/2018: Declaration
7/12/2018: Motion for Summary Judgment
7/12/2018: Motion for Summary Judgment
7/12/2018: Motion for Summary Judgment
9/4/2018: Answer
9/21/2018: Reply
9/26/2018: Declaration
10/26/2018: Reply
11/26/2018: Request for Judicial Notice
11/28/2018: Declaration
11/28/2018: Declaration
12/6/2018: Declaration
4/11/2019: Ex Parte Application
4/12/2019: Declaration
Notice (of Ruling RE Ex Parte Application for an Order Advanceing the Hearing Date on Plaintiffs' Motion for Leave to File a SecondAmended Complaint and Trial Setting Conference); Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.
at 08:30 AM in Department O; Hearing on Ex Parte Application (For An Order Advancing The Hearing Date On Plaintiffs? Motion For Leave To File A Second Amended Complaint) - Held - Motion Granted
Minute Order ( (Hearing on Plaintiff's Ex Parte Application For An Order Adva...)); Filed by Clerk
at 08:30 AM in Department O; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Advanced and Vacated
at 08:30 AM in Department O; Hearing on Ex Parte Application (For An Order Advancing The Hearing Date On Plaintiffs? Motion For Leave To File A Second Amended Complaint) - Held - Continued
Minute Order ( (Hearing on Ex Parte Application For An Order Advancing The He...)); Filed by Clerk
Motion for Leave to Amend (Notice Of Motion And Motion For Leave To File A Second Amended Complaint; And Memorandum Of Points And Authorities In Support Thereof); Filed by John Modjeski (Plaintiff)
Declaration (Declaration Of Christian J. Albut In Support Of Plaintiffs? Motion For Leave To File A Second Amended Complaint); Filed by John Modjeski (Plaintiff)
Proof of Service (not Summons and Complaint); Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.
Declaration (Appendix Of Proposed Changes In Support Of Plaintiffs? Motion For Leave To File A Second Amended Complaint); Filed by John Modjeski (Plaintiff)
Receipt (jury fees ); Filed by Attorney for Plaintiff
Receipt; Filed by John Modjeski (Plaintiff)
Proof-Service/Summons; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.
Proof-Service/Summons; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.
Proof-Service/Summons; Filed by Attorney for Plaintiff
Proof-Service/Summons; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.
Complaint; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.
Summons Filed; Filed by Attorney for Plaintiff
Complaint Filed
Summons; Filed by Plaintiff
Case Number: SC125173 Hearing Date: September 10, 2020 Dept: O
Case Name: Modjeski v. Athletic Gaines, LLC, et al.
Case No.: SC125173
Hearing: 9-10-20
Calendar #: 5
Notice: OK
Complaint Filed: 12/22/15
Motion C/O: None
Discovery C/O: None
Trial Date: None
______________________________________________________________________________
SUBJECT: MOTION TO ENFORCE SETTLEMENT
MOVING PARTY: Plaintiffs John Modjeski, et al.
RESP. PARTY: None as of 7-1-20
TENTATIVE RULING
Plaintiffs’ Motion to Enforce Settlement Agreement is GRANTED. The Court orders judgment to be entered in the form of the Stipulated Judgment apparently attached as Ex. A to the 8-14-19 Settlement Agreement in the principal amount of $850,000 plus attorney’s fees and costs in the amount of $3,490. Plaintiff is to submit the proposed judgment.
Plaintiffs and Defendant Travelle Gaines entered into a settlement agreement on 8-14-19. See Dec. of C. Albut, Ex. A. The settlement agreement required Gaines to make payments in accordance with the schedule set forth in Section III(A)(1). Id. at Ex. A, p. 2, Sec. III(A)(1). In exchange, Plaintiffs would file a dismissal of the entire action with 5 court days following receipt of the final Settlement Payment or after a Court order reserving jurisdiction to enforce the settlement is entered, whichever event occurs first. Id. at Ex. A, p. 4, Sec. III(B). In the parties’ emails, Gaines denied ever having signed the agreement. See Dec. of C. Albut, Ex. C. However, Gaines’ signature appears on the agreement. Id. at p. 7. Gaines never made a required payment. See Dec. of C. Albut, ¶5. Plaintiffs informed Gaines of his default multiple times and granted him the requisite 7-day period to cure. Id. at ¶¶5-20. Gaines never cured the default.
In his opposition, Defendant Travelle Gaines argues there is no enforceable agreement against him. He admits he signed the agreement. But claims he did not “fully accept the offer because he failed to perform on the terms stated Mr. Kiamilev.” Gaines further argues that he “withdrew his partial acceptance” before he “was provided notice of the plaintiff’s acceptance. The Court rejects both claims. The Court finds the agreement was fully executed and enforceable regardless of Gaines failure to pay the first installment due. Likewise, the Court finds Gaines has failed to show he withdrew or otherwise revoked his acceptance prior to receiving notice of the plaintiff’s signed acceptance of the agreement.
Case Number: SC125173 Hearing Date: July 07, 2020 Dept: O