This case was last updated from Los Angeles County Superior Courts on 01/17/2021 at 21:29:53 (UTC).

KEY CAPITAL FUND LLC VS SAMUIL PREYS

Case Summary

On 06/13/2013 KEY CAPITAL FUND LLC filed a Contract - Other Contract lawsuit against SAMUIL PREYS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROLF M. TREU, LUIS A. LAVIN and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1990

  • Filing Date:

    06/13/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROLF M. TREU

LUIS A. LAVIN

EDWARD B. MORETON

 

Party Details

Plaintiffs, Petitioners and Respondents

KEY CAPITAL FUND LLC

DOES 1-20

PREYS SAMUIL

Defendants, Respondents and Appellants

PREYS SAMUIL

PREYS POLINA

DOES 1-20

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

WYMAN SCOTT ESQ.

Defendant Attorneys

GRIGORYAN HAYK

GOLDEN ROGER NEIL

 

Court Documents

NOTICE OF CHANGE OF ADDRESS

1/29/2018: NOTICE OF CHANGE OF ADDRESS

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER APPLICATION FOR ISSUANCE OF ORDER...)

8/10/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER APPLICATION FOR ISSUANCE OF ORDER...)

Declaration - DECLARATION ROGER GOLDEN

11/4/2020: Declaration - DECLARATION ROGER GOLDEN

Minute Order - MINUTE ORDER (HEARING ON DEBTORS', SAMUEL PREYS AND POLINA PREYS, EX PARTE ...)

11/5/2020: Minute Order - MINUTE ORDER (HEARING ON DEBTORS', SAMUEL PREYS AND POLINA PREYS, EX PARTE ...)

Minute Order - MINUTE ORDER (HEARING ON DEBTORS'/DEFENDANTS' (SAMUEL PREYS AND POLINA PREY...)

12/8/2020: Minute Order - MINUTE ORDER (HEARING ON DEBTORS'/DEFENDANTS' (SAMUEL PREYS AND POLINA PREY...)

NOTICE OF HEARING ON CLAIM OF EXEMPTION (WAGE GARNISHMENT - ENFORCEMENT OF JUDGMENT)

7/20/2018: NOTICE OF HEARING ON CLAIM OF EXEMPTION (WAGE GARNISHMENT - ENFORCEMENT OF JUDGMENT)

PROOF OF SERVICE BY FIRST CLASS MAIL-CIVIL

8/2/2018: PROOF OF SERVICE BY FIRST CLASS MAIL-CIVIL

ORDER DENYING CLAIM OF EXEMPTION

8/23/2018: ORDER DENYING CLAIM OF EXEMPTION

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE KRISTINE K. HICKS, #13634

7/19/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE KRISTINE K. HICKS, #13634

Application for Order of Sale of Dwelling

12/31/2019: Application for Order of Sale of Dwelling

NATURE OF PROCEEDINGS:

6/13/2013: NATURE OF PROCEEDINGS:

COMPLAINT: BREACH OF GUARANTY AGREEMENT

6/13/2013: COMPLAINT: BREACH OF GUARANTY AGREEMENT

NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (ATTACHMENT)

6/28/2013: NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (ATTACHMENT)

Minute Order -

9/13/2013: Minute Order -

Minute Order -

10/8/2013: Minute Order -

RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (ATTACHMENT)

10/8/2013: RIGHT TO ATTACH ORDER AFTER HEARING AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT (ATTACHMENT)

DECLARATION OF LEON AHDOOT RE ACCRUAL OF INTEREST IN SUPPORT OF PLAINTIFF?S REQUEST FOR COURT JUDGMENT

10/16/2013: DECLARATION OF LEON AHDOOT RE ACCRUAL OF INTEREST IN SUPPORT OF PLAINTIFF?S REQUEST FOR COURT JUDGMENT

DECLARATION OF LEON AHD00T IN SUPPORT OF PLAINTIFF?S REQUEST FOR COURT JUDGMENT

10/16/2013: DECLARATION OF LEON AHD00T IN SUPPORT OF PLAINTIFF?S REQUEST FOR COURT JUDGMENT

100 More Documents Available

 

Docket Entries

  • 12/14/2020
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103 (RESPONDENT); Filed by Key Capital Fund, LLC (Respondent)

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  • 12/08/2020
  • Docketat 08:30 AM in Department 58; Hearing on Ex Parte Application (for Order Staying Sale of Residence Pending Appeal) - Held

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  • 12/08/2020
  • DocketMinute Order ( (Hearing on Debtors'/Defendants' (Samuel Preys and Polina Prey...)); Filed by Clerk

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  • 12/07/2020
  • DocketEx Parte Application (for Order); Filed by Samuil Preys (Defendant)

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  • 12/07/2020
  • DocketOrder (Staying Sale); Filed by Samuil Preys (Defendant)

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  • 12/03/2020
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by Samuil Preys (Appellant)

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  • 11/24/2020
  • Docketat 10:30 AM in Department 58; Status Conference ((All Purpose); Motion Hearing Setting) - Held

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  • 11/24/2020
  • DocketEx Parte Application (to continue sale date); Filed by Samuil Preys (Defendant)

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  • 11/24/2020
  • DocketOrder (to continue sale date); Filed by Samuil Preys (Defendant)

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  • 11/24/2020
  • DocketMinute Order ( (Status Conference (All Purpose); Motion Hearing Setting)); Filed by Clerk

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159 More Docket Entries
  • 06/13/2013
  • DocketMEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF EX PARTE APPLICATION FOR RIGHT TO ATTACH ORDER, ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT, AND FOR TEMPORARY PROTECTIVE ORDER

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  • 06/13/2013
  • DocketDECLARATION OF LEON AHDOOT IN SUPPORT OF EX PARTE APPLICATION FOR RIGHT TO ATTACH ORDER, ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT, AND FOR TEMPORARY PROTECTIVE ORDER

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  • 06/13/2013
  • DocketNATURE OF PROCEEDINGS:

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  • 06/13/2013
  • DocketAPPLICATION FOR - RIGHT TO ATTACH ORDER - TEMPORARY PROTECTIVE ORDER - ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT -EX PARTE

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  • 06/13/2013
  • DocketDECLARATION OF SCOTT WYMAN RE EX PARTE NOTICE AND OTHER MATTERS

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  • 06/13/2013
  • DocketDeclaration; Filed by Plaintiff/Petitioner

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  • 06/13/2013
  • DocketPoints and Authorities; Filed by Plaintiff/Petitioner

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  • 06/13/2013
  • DocketDeclaration; Filed by Plaintiff/Petitioner

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  • 06/13/2013
  • DocketComplaint; Filed by Key Capital Fund, LLC (Plaintiff)

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  • 06/13/2013
  • DocketEx-parte Request for Order; Filed by Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC511990    Hearing Date: August 10, 2020    Dept: 58

Hearing Date: August 10, 2020

Case Name: Key Capital Fund, LLC v. Preys, et al.

Case No.: BC511990

Matter: Application for Sale of Dwelling

Moving Party: Plaintiff/Judgment creditor Key Capital Fund, LLC

Responding Party: Defendant Samuil Preys and his spouse, nonparty Polina Preys


Tentative Ruling: The Application is granted.


On October 16, 2013, a judgment in the amount of $498,553 was entered against Defendant Samuil Preys and in favor of Plaintiff Key Capital Fund, LLC. Subsequently, Plaintiff obtained a writ of execution and levied Defendant’s real property located at 17619 Arvida Dr., Granada Hills, CA 91344 (“Property”). Plaintiff also recorded an abstract of judgment with respect to the Property.

Plaintiff now seeks an order of sale for the Property so as to enforce the judgment in this action. (Code Civ. Proc. § 704.750.)

Code Civ. Proc. § 704.760 provides that an application for sale of a dwelling

shall be made under oath, shall describe the dwelling, and shall contain all of the following:

(a) A statement whether or not the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling and the person or persons who claimed any such exemption.

(b) A statement, which may be based on information and belief, whether the dwelling is a homestead and the amount of the homestead exemption, if any, and a statement whether or not the records of the county recorder indicate that a homestead declaration under Article 5 (commencing with Section 704.910 ) that describes the dwelling has been recorded by the judgment debtor or the spouse of the judgment debtor.

(c) A statement of the amount of any liens or encumbrances on the dwelling, the name of each person having a lien or encumbrance on the dwelling, and the address of such person used by the county recorder for the return of the instrument creating such person's lien or encumbrance after recording.

Defendant Samuil Preys and his spouse who resides at the Property, Polina Preys, (“Opposing Parties”) oppose the Application. They argue any sale should be subject to a $175,000 homestead exemption. Further, they contend the Application should be denied because sufficient evidence of the fair market value of the Property was not provided by Plaintiff.

Code Civ. Proc. § 704.780(b) provides,

The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. The court shall make an order for sale of the dwelling subject to the homestead exemption, unless the court determines that the sale of the dwelling would not be likely to produce a bid sufficient to satisfy any part of the amount due on the judgment pursuant to Section 704.800 . The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. Subject to the provisions of this article, the sale is governed by Article 6 (commencing with Section 701.510 ) of Chapter 3. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510 ) of Chapter 3.

Further, “If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead.” (Code Civ. Proc. § 704.780(a)(1).)

Opposing Parties have carried their burden to show a homestead exemption in the amount of $175,000 as Opposing Parties are over the age of 65 and have used the Property as their principal dwelling since the judgment in this action. (Code Civ. Proc. §§ 704.710(c), 704.730(a)(3)(A); Samuil Decl. ¶¶ 2-4; Polina Decl. ¶¶ 2-4.) Plaintiff does not contest this.

On the other hand, the Court overrules Opposing Parties’ objections to the fair market value of the Property asserted by Plaintiff. The Court finds that the value asserted—$930,000—is reasonably substantiated. (Supplemental Application, Exhibit S.)[1]

In sum, the Application is granted. The Property is to be sold at a value of $930,000 with a $175,000 homestead exemption. Plaintiff is to provide a proposed order which complies with Code Civ. Proc. § 704.780.


[1] The Court notes that Zillow estimates the value of the Property to be $901,008.