This case was last updated from Los Angeles County Superior Courts on 06/25/2019 at 14:31:25 (UTC).

JOHN MODJESKI, ET AL., VS ATHLETIC GAINES, LLC

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5173

  • Filing Date:

    12/22/2015

  • 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 Judges

LISA HART COLE

H. JAY FORD III

BOBBI TILLMON

 

Party Details

Plaintiffs

THOMPSON STEPHEN

TRABER WILLIAM

COLLINS ALAN

MAJDICK BRYCE

CUNNINGHAM JERRY

MODJESKI JOHN

ORIANNE ANDRE

MAJDICK MARTIN

Defendants

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

1 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

ALBUT CHRISTIAN J.

KIAMILEV CHANDRA ESKENDER

LAW SAN DIEGO BIZ

SAN DIEGO BIZ LAW

Defendant Attorneys

PAYNE RICHARD

SHEPPARD MULLIN RICHTER & HAMPTON LLP

ARDOIN MATTHEW G.

PALMER JUSTIN A.

 

Court Documents

Minute Order

5/15/2017: Minute Order

Unknown

2/23/2018: Unknown

Case Management Statement

3/6/2018: Case Management Statement

Proof of Service of Summons and Complaint

6/11/2018: Proof of Service of Summons and Complaint

Declaration

7/12/2018: Declaration

Motion for Summary Judgment

7/12/2018: Motion for Summary Judgment

Motion for Summary Judgment

7/12/2018: Motion for Summary Judgment

Motion for Summary Judgment

7/12/2018: Motion for Summary Judgment

Answer

9/4/2018: Answer

Reply

9/21/2018: Reply

Declaration

9/26/2018: Declaration

Reply

10/26/2018: Reply

Request for Judicial Notice

11/26/2018: Request for Judicial Notice

Declaration

11/28/2018: Declaration

Declaration

11/28/2018: Declaration

Declaration

12/6/2018: Declaration

Ex Parte Application

4/11/2019: Ex Parte Application

Declaration

4/12/2019: Declaration

145 More Documents Available

 

Docket Entries

  • 06/12/2019
  • 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.

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  • 05/14/2019
  • 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

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  • 05/14/2019
  • Minute Order ( (Hearing on Plaintiff's Ex Parte Application For An Order Adva...)); Filed by Clerk

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  • 04/25/2019
  • at 08:30 AM in Department O; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Advanced and Vacated

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  • 04/15/2019
  • 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

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  • 04/15/2019
  • Minute Order ( (Hearing on Ex Parte Application For An Order Advancing The He...)); Filed by Clerk

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  • 04/12/2019
  • 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)

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  • 04/12/2019
  • Declaration (Declaration Of Christian J. Albut In Support Of Plaintiffs? Motion For Leave To File A Second Amended Complaint); Filed by John Modjeski (Plaintiff)

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  • 04/12/2019
  • Proof of Service (not Summons and Complaint); Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.

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  • 04/12/2019
  • Declaration (Appendix Of Proposed Changes In Support Of Plaintiffs? Motion For Leave To File A Second Amended Complaint); Filed by John Modjeski (Plaintiff)

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430 More Docket Entries
  • 04/05/2016
  • Receipt (jury fees ); Filed by Attorney for Plaintiff

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  • 04/05/2016
  • Receipt; Filed by John Modjeski (Plaintiff)

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  • 02/17/2016
  • Proof-Service/Summons; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.

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  • 02/17/2016
  • Proof-Service/Summons; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.

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  • 02/17/2016
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 02/17/2016
  • Proof-Service/Summons; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.

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  • 12/22/2015
  • Complaint; Filed by John Modjeski (Plaintiff); Jerry Cunningham (Plaintiff); William Traber (Plaintiff) et al.

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  • 12/22/2015
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 12/22/2015
  • Complaint Filed

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  • 12/22/2015
  • Summons; Filed by Plaintiff

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Tentative Rulings

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

Case Name: Modjeski v. Athletic Gaines, LLC, et al. 
Case No.: SC125173
Hearing: 7-7-20
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 $2,090.  Plaintiff is to submit the proposed judgment.
“If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”  CCP §664.6.
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.
Plaintiffs never dismissed this action. The action is pending and the Court still has jurisdiction to enter the Stipulated Judgment required under the 8-14-19 settlement agreement.  Parties agreed that in the event of Defendant’s default, Plaintiffs would file the Stipulated Judgment attached as Exhibit A to the 8-14-19 settlement agreement after notice to Defendant.  Id. at Ex. A, p. 3, Sec. III(A)(4)(4.3).  Defendant never made any payments and judgment should be entered in the amount of $850,000, the full amount of the settlement.
In addition, Plaintiffs are entitled to an award of attorney’s fees as prevailing parties.  See Dec. of C. Albut, Ex. A, Sec. III(Q).  Plaintiffs request fees in the amount of $2,090 (5.8 hours @ $350/hr plus $60 filing fees).  No opposition was filed.