On 11/25/2015 KATE BRAGANTI filed a Contract - Business lawsuit against RAVINDER S GREWAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHANIE M. BOWICK. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHANIE M. BOWICK
FISCHBACH & FISCHBACH A LAW CORPORATION
DOES 1 - 10
GREWAL RAVINDER S.
NAGPAL HARINDER SINGH
GREWAL RAVINDER S.
NAGPAL HARINDER SINGH
MOURA ZACHARIAH E.
CHIKHALIKAR SHEKHAR N. ESQ.
GRAHAM ALICE M.
12/20/2017: PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION FOR ORDER THAT RENTS BE DEPOSITED; ETC
1/4/2018: Minute Order
6/11/2018: NOTICE OF RULING
6/14/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE
6/20/2018: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE
7/3/2018: Minute Order
7/17/2018: PLAINTIFF'S REBUTTAL AS TO DEFENDANT'S CLOSING BRIEF
10/25/2018: Ex Parte Application
12/14/2018: Notice of Ruling
4/27/2016: NOTICE OF RULING AND CONTINUANCE OF MOTION TO TRANSFER AND CONSOLIDATE WITH CASE NUMBER PC056961; CONTINUANCE OF CASE MANAGEMENT CONFERENCE
4/19/2017: Proof of Service
4/19/2017: OPPOSITION TO EX PARTE APPLICATION TO CONTINUE TRIAL DATE AND TO AMEND COMPLAINT, ETC
6/2/2017: PLAINTIFF KATE BRAGANTI'S [PROPOSED] SPECIAL JURY INSTRUCTIONS
6/2/2017: JOINT STATEMENT OF THE CASE
6/13/2017: Minute Order
8/28/2017: PROOF OF SERVICE?CIVIL
10/25/2017: SUBSTITUTION OF ATTORNEY
Notice (Of Continuance Of Hearing); Filed by Ravinder S. Grewal (Defendant); Harinder Singh Nagpal (Defendant)Read MoreRead Less
at 3:16 PM in Department 19; Court OrderRead MoreRead Less
Minute Order ( (Court Order)); Filed by ClerkRead MoreRead Less
Certificate of Mailing for (Minute Order (Court Order) of 06/20/2019); Filed by ClerkRead MoreRead Less
Status Report (JOINT STATUS REPORT, REQUEST FOR CONTINUANCE OF HEARING AND ORDER THEREON); Filed by Ravinder S. Grewal (Defendant); Harinder Singh Nagpal (Defendant)Read MoreRead Less
at 08:30 AM in Department 19; Status Conference - Not Held - Continued - StipulationRead MoreRead Less
at 08:30 AM in Department 19; Order to Show Cause Re: (Entry of Judgment) - Not Held - Continued - StipulationRead MoreRead Less
Notice of Ruling; Filed by Ravinder S. Grewal (Defendant); Harinder Singh Nagpal (Defendant)Read MoreRead Less
Order ([PROPOSED] ORDER); Filed by Ravinder S. Grewal (Defendant); Harinder Singh Nagpal (Defendant)Read MoreRead Less
at 09:00 AM in Department 19; Status Conference - Not Held - Advanced and Continued - by CourtRead MoreRead Less
NOTICE OF RECORDING OFPENDENCY OF ACTIONRead MoreRead Less
Notice; Filed by Kate Braganti (Plaintiff)Read MoreRead Less
Notice; Filed by Kate Braganti (Plaintiff)Read MoreRead Less
NOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
Notice of Case Management Conference; Filed by ClerkRead MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Proof-Service/SummonsRead MoreRead Less
COMPLAINT FOR: 1. PARTITION; ETCRead MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by Kate Braganti (Plaintiff)Read MoreRead Less
Case Number: BC601999 Hearing Date: January 22, 2021 Dept: 19
After consideration of the briefing filed and in consideration of the evidence presented at trial and partnership financial information, the Court finds as follows as to the accounting portion of this matter and consideration of assets remaining for Aaarnaa Partnership:
Total cash held in trust for the partnership is $1,533,066.21.
The Court agrees with Defendants Grewal and Nagpal that the capital contributions should be considered as part of the accounting. The Court finds that amounts owed to Plaintiff Briganti should also be considered, including management contributions, down payments and expenses for the Valencia properties, and expenses for the partnership office.
The Court finds that Defendant Grewal should be reimbursed for the loan pay-off, consistent with the Statement of Decision in the amount of $1,201,196.
The Court also agrees with Defendants that there is not enough remaining cash to make each partner whole under the circumstances for all capital contributions, expenses paid, unpaid management of the properties, upfront costs, and financial interests in the Valencia properties. Therefore, each partner must suffer a loss as a result.
The Court finds that it is proper to require Plaintiff Briganti to reimburse the partnership for the back rent owed by Plaintiff Briganti for the amount determined at trial, totaling $58,288.10. The Court finds that this payment is just under the circumstances, as it would be unfair to allow Plaintiff to live there for free rather than generate income for the partnership using it as a rental.
With those additional back rent funds, the total cash for the partnership is increased to $1,591,354.31
Remaining funds for partnership cash = $390,158.31
The Court further finds that:
The remaining cash should be split three ways. Therefore, each partner to received $130,052.77 as part of the final judgment for complaint and cross-complaint.
Final judgment for Briganti is $71,764.67 after deduction of the back rent owed.
Final judgment for Grewal is $1,331,248.77 + 29,144.05 (1/2 of back rent payment) = $1,360,392.82
Final judgment for Nagpal is $130,052.77 +29,144.05 (1/2 of back rent payment) = $159,196.82
Counsel for Defendants is ordered to prepare the proposed judgment consistent with this ruling.
The Court will hear any objections to this decision at the hearing.
Case Number: BC601999 Hearing Date: January 12, 2021 Dept: 19
On the Court’s own motion, the Further Hearing Re: Entry of Judgment is CONTINUED TO January 22, 2021, at 9:30 a.m.
Counsel for Defendants to give notice.
Case Number: BC601999 Hearing Date: November 30, 2020 Dept: 19
Ruling on Proposed Judgment filed by Plaintiff Kate Briganti (filed on 10/09/20) and Objections By Defendants and Cross-Complaints (filed on 10/15/20), and Ruling on Plaintiff Kate Briganti’s Objections filed on 9/11/20 to the Proposed Judgment filed by Defendants on 9/3/20.
First, in considering and ruling on the Proposed Judgments filed by the parties, the Court follows the Final Statement of Decision filed on November 30, 2018.
Second, the Court will discuss the issues below at the hearing on November 30, 2020.
Third, he Court sets a Further Hearing Re: Entry Of Judgment for December 14, 2020, at 8:30 a.m.
All documents ordered to be filed below must be served to the opposing side via electronic mail.
Counsel for Plaintiff to give notice.
Ruling on Objections by Defendants/Cross-Complainants:
The Court OVERRULES the objections that the proposed judgment fails to account for $92,476 in illegal commissions. The Final Statement of Decision failed to find that Plaintiff Briganti took $92,476.00 in “improperly taken” commissions. (Objections at p. 3). Defendants failed to prove that claim at trial.
The Court RESERVES on the objections that more rent is owed for the rental of the Blacksmith property. The Court had calculated rent owed as of entry of judgment on November 30, 2018. Please see questions to the parties below.
The Court OVERRULES Defendants/Cross-Complainants’ objections regarding credit for mortgage payments on Steel Lane. There is clearly a typo on page 9 of the Final Statement of Decision. The total amount of $49,590 is correct. The calculation regarding mortgage was supposed to be $4,959/month. The Court will correct that mistake.
NOTE: The proposed judgment should include a section regarding the Court’s decision on the Unlawful Detainer Action (Grewal v. Singh), as reflected on pages 13-14. The Court suggest that the “CONSOLIDATED ACTION” section should be revised to be titled “Consolidated Unlawful Detainer Action (Grewal v. Singh).”
Ruling on Objections by Plaintiff Briganti (filed on 9/11/20):
The Court SUSTAINS the objections regarding a loan from Grewal to the partnership and therefore, interest payments are to be made back to Grewal. No claim or evidence was presented at trial.
Questions to the parties and additional information requested.
Do Defendants/Cross-Complainants have any objections to the additional “Post-Trial Expenses of Sale” in the amount of $4,004.95, claimed by Plaintiff Briganti (see p. 4 of the Proposed Judgment filed on 10/09/20)?
Defendants to file and serve a response by December 4, 2020.
Plaintiff/Briganti may file and serve any further response or reply by December 10, 2020.
Additional Rent owed by Plaintiff in the Unlawful Detainer action:
If the date that Defendants Briganti and Ishneet Singh claim they officially “moved-out” of Blacksmith and were no longer living at the premises is November 15, 2018, what is the amount of back rent owed by Briganti? Plaintiff/Briganti is to explain the amount owed as back rent from Briganti and how that amount of was calculated. The Court calculated back rent owed through November 30, 2020, for a total of $58,289.00
Briganti to file and serve your response by December 4, 2020. Defendants/Cross-Complaints may file a response or objection by December 10, 2020.
The Court understands that Defendants/Cross-Complainants state that the keys were returned on January 4, 2019 and that is the move-out date to be used by the Court. What is the additional amount Defendants/Cross-Complainants claim should be added to the $123,000 in back rent owed by Defendants as ruled in the Final Statement of Decision (see p. 14)? Please be explain your calculations for the amount after the date of November 30, 2018. Please file your response by December 4, 2020.
Under the Unlawful Detainer section, the Final Statement of Decision gave Briganti a credit of $64,711 and Defendants therefore owed a sum of $58,289 as back rent owed to the partnership. However, on page 5, line 18 of the Plaintiff/Briganti’s Proposed Judgment, it gives Plaintiff/Briganti a credit of $67,111.90. Question for Plaintiff/Briganti: How was that amount calculated?
Plaintiff/Briganti to file and serve a response by December 4, 2020. Defendants to file and serve their further objections or agreement by December 10, 2020.
Defendants to further please explain why interest is to be paid back to Ravinder Grewal as stated in the Proposed Judgment, page 4, filed by Defendants on September 3, 2020. In addition, the Court poses the questions to Defendants:
Why isn’t interest the responsibility of Grewal?
Did all partners agree to the loan and interest payments? If yes, why shouldn’t the interest be deducted from the partnership assets?
Defendants to file and serve a declaration(s) regarding calculation of interest owed by each partner to Grewal and supporting back-up loan documentation admitted at trial attached to answer the questions above. The supplemental declaration(s) and supporting evidence to be filed and served by December 4, 2020.
Plaintiff Briganti may file and serve a supplemental declaration and/or opposition regarding this issue as well, and any objection thereto, by December 10, 2020. The Court will also consider Plaintiff’s previous objections on this issue.
The Court is unclear about the partnership losses claimed by Defendant Grewal. Defendants to file and serve a declaration and refer the Court to supporting evidence admitted at trial regarding calculation of “partnership losses” payable to Grewal by Briganti and Nagpal, as stated in the Proposed Judgment, pages 4-5, filed on Defendants on September 3, 2020. In addition, please explain why the losses are to be paid back to Ravinder Grewal rather than deducted from the partnership assets and what evidence supports that argument.
Defendants’ supplemental declaration(s) and attached trial exhibits (admitted) to be filed and served by December 4, 2020.
Plaintiff Briganti may file and serve a supplemental declaration regarding this issue as well, and any objection thereto, by December 10, 2020. The Court will also consider Plaintiff’s previous objections.
How do Defendants/Cross-Complainants determine and calculate that they are entitled to “return of their capital contributions,” specifically Grewal $723,508.60 and Nagpal $125,000, as stated in their objections filed on September 14, 2020, at p. 4, and the Proposed Judgment, page 4, filed by Defendants on September 3, 2020. Defendants to file and serve a declaration regarding capital contributions and references to evidence admitted at trial.
Defendants’ supplemental declaration(s) and attached exhibits admitted at trial to be filed and served by December 4, 2020.
Plaintiff Briganti may file and serve a supplemental declaration or opposition regarding this issue as well, and any objection thereto, by December 10, 2020.
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