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This case was last updated from Los Angeles County Superior Courts on 04/25/2021 at 07:50:01 (UTC).

LANNY JAY DUGAR VS. DAVID BJORNBAK

Case Summary

On 01/24/2013 LANNY JAY DUGAR filed a Property - Other Real Property lawsuit against DAVID BJORNBAK. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are WILLIAM D. STEWART, JAN A. PLUIM, DONNA FIELDS GOLDSTEIN and CURTIS A. KIN. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0848

  • Filing Date:

    01/24/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

WILLIAM D. STEWART

JAN A. PLUIM

DONNA FIELDS GOLDSTEIN

CURTIS A. KIN

 

Party Details

Plaintiffs, Defendants and Cross Plaintiffs

DUGAR LANNY JAY AN IND. DBA AMERICAN TOP

BJORNBAK DAVID

DUGAR LANNY J. AN INDIVIDUAL

BJORNBAK QUIAN

DAVID BJORNBAK AN INDIVIDUAL

DEL CID CONSTRUCTION

QUIAN BJORNBAK AN INDIVIDUAL

MEDINA HECTOR R.

ABEDIAN VANIK

GEOMAX ENGINEERING INC.

MORALES CARLOS

FARRELL KEITH

Cross Defendants

DBA AMERICAN TOP REMODELING

ESPARZA CONSTRUCTION INC.

DUGAR LANNY J. AN INDIVIDUAL

ROES 1 THROUGH 100

DUGAR LANNY JAY

DEL CID RAUL

ABEDIAN VANIK

ESPARZA MANUEL

KARTEZ ENGINEERING INC.

DBA ESPARZA CONSTRUCTION

Defendants, Cross Plaintiffs and Not Classified By Court

DAVID BJORNBAK AN INDIVIDUAL

DEL CID CONSTRUCTION

QUIAN BJORNBAK AN INDIVIDUAL

MEDINA HECTOR R.

GEOMAX ENGINEERING INC.

MORALES CARLOS

FARRELL KEITH

11 More Parties Available

Attorney/Law Firm Details

Plaintiff, Defendant and Cross Plaintiff Attorneys

ABDULAZIZ GROSSBART & RUDMAN

JMK LAW GROUP

WITTLIN PETER C.

BRADLEY & GMELICH

ODDENINO & GAULE

LAW OFFICE OF ROBERT E. GIBSON

QIANG BJONBAK ESQ.

LAW OFFICES OF JOHN V. GAULE

LAW OFFICES OF ROBERT E. GIBSON

BJORNBAK QIANG

CHEN HUA

Cross Defendant Attorney

JEFFERY & GROSFELD LLP

 

Court Documents

Other - - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION DEFENDANTS QIANG BJORNBAK AND DAVID BJORNBAK TO 1) REMOVE INVAILD MECHANIC'S LIEN OF AMERICAN TOP REMODELING; 2) EXPUNGE NOTICE OF L

12/17/2015: Other - - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION DEFENDANTS QIANG BJORNBAK AND DAVID BJORNBAK TO 1) REMOVE INVAILD MECHANIC'S LIEN OF AMERICAN TOP REMODELING; 2) EXPUNGE NOTICE OF L

Minute Order - MINUTE ORDER ENTERED: 2016-09-19 00:00:00

9/19/2016: Minute Order - MINUTE ORDER ENTERED: 2016-09-19 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2016-12-09 00:00:00

12/9/2016: Minute Order - MINUTE ORDER ENTERED: 2016-12-09 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2016-12-12 00:00:00

12/12/2016: Minute Order - MINUTE ORDER ENTERED: 2016-12-12 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF MOTION

1/13/2017: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE OF MOTION

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

3/3/2017: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION

4/7/2017: Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION

Proof of Service (not Summons and Complaint)

4/21/2017: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

7/21/2017: Proof of Service (not Summons and Complaint)

Minute Order - MINUTE ORDER ENTERED: 2017-10-13 00:00:00

10/13/2017: Minute Order - MINUTE ORDER ENTERED: 2017-10-13 00:00:00

Substitution of Attorney

10/30/2017: Substitution of Attorney

Minute Order - MINUTE ORDER ENTERED: 2017-10-31 00:00:00

10/31/2017: Minute Order - MINUTE ORDER ENTERED: 2017-10-31 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

2/15/2018: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

4/2/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

4/2/2018: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

Minute Order - MINUTE ORDER ENTERED: 2018-04-17 00:00:00

4/17/2018: Minute Order - MINUTE ORDER ENTERED: 2018-04-17 00:00:00

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

6/29/2020: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Order - Dismissal

7/7/2020: Order - Dismissal

330 More Documents Available

 

Docket Entries

  • 07/07/2020
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: (Dismissal of all remaining causes of Action) - Held

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  • 07/07/2020
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal of all remaining causes of ...)); Filed by Clerk

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  • 07/07/2020
  • DocketOrder - Dismissal; Filed by Court

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  • 06/29/2020
  • Docketat 10:16 AM in Department B; Ruling on Submitted Matter

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  • 06/29/2020
  • DocketMinute Order ( (Ruling on Submitted Matter)); Filed by Clerk

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  • 06/29/2020
  • DocketOrder (Court's Order re: Motion to Set Aside Dismissal Order); Filed by Clerk

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  • 06/29/2020
  • DocketDisassociation of Attorney; Filed by DAVID BJORNBAK (Cross-Complainant); QUIAN BJORNBAK (Cross-Complainant)

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  • 06/29/2020
  • DocketCertificate of Mailing for ((Ruling on Submitted Matter) of 06/29/2020); Filed by Clerk

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  • 06/26/2020
  • Docketat 08:30 AM in Department B; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) (filed by Qiang Bjornbak and David Bjornbak) - Held - Taken under Submission

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  • 06/26/2020
  • DocketMinute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) fil...)); Filed by Clerk

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554 More Docket Entries
  • 04/02/2013
  • DocketProof-Service/Summons; Filed by DUGAR, LANNY JAY AN IND. DBA AMERICAN TOP (Plaintiff)

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  • 03/13/2013
  • DocketProof-Service/Summons; Filed by DUGAR, LANNY JAY AN IND. DBA AMERICAN TOP (Plaintiff)

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  • 03/13/2013
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 02/01/2013
  • DocketDeclaration (OF MAILING ON NOTICE OF LIS PENDENS ); Filed by Attorney for Plaintiff

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  • 02/01/2013
  • DocketDeclaration (of Mailing on Notice of Lis Pendens); Filed by DUGAR, LANNY JAY AN IND. DBA AMERICAN TOP (Plaintiff)

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  • 01/24/2013
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/24/2013
  • DocketComplaint Filed

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  • 01/24/2013
  • DocketCivil Case Cover Sheet; Filed by American Top Remodeling (Plaintiff); DUGAR, LANNY JAY AN IND. DBA AMERICAN TOP (Plaintiff); David Bjornbak (Plaintiff) et al.

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  • 01/24/2013
  • DocketSummons (on Complaint); Filed by American Top Remodeling (Plaintiff); David Bjornbak (Plaintiff); DUGAR, LANNY JAY AN IND. DBA AMERICAN TOP (Plaintiff) et al.

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  • 01/24/2013
  • DocketComplaint; Filed by DUGAR, LANNY JAY AN IND. DBA AMERICAN TOP (Plaintiff); Lanny Dugar (Plaintiff)

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Tentative Rulings

Case Number: GC050848    Hearing Date: June 26, 2020    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

LANNY JAY DUGAR,

Plaintiff,

v.

DAVID BJORNBAK, et al.,

Defendants.

Case No.: GC050848

Related to: EC067915

Consolidated with: EC062406

Hearing Date: June 26, 2020

[TENTATIVE] order RE:

Motion to set aside dismissal order

BACKGROUND

Plaintiff Lanny J. Dugar an individual dba American Top Remodeling (“Plaintiff”) commenced this action on January 24, 2013 against Defendants David Bjornbak and Qiang Bjornbak.

The December 2, 2019 minute order in GC050848 reflects that Judge Stewart in Department A was informed that the parties in the action had settled the case. The settlement terms were read on the record and the parties agreed.

On January 13, 2020, Department A’s minute order in GC050848 reflected that the case had been dismissed as of January 13, 2020. Judge Stewart ordered the matter off-calendar.

On January 13, 2020, Department B’s minute order in EC067915 reflected that the Court and the parties discussed the case. At that time, there was no appearance by Plaintiff and Defendant Qiang Bjornbak appeared in propia persona and George Broman Piggott (telephonically). The Court noted that Defendant submitted a judgment, which was signed by counsel for the parties. The Court reviewed and signed the judgment. In a nunc pro tunc order, the Court added: “Pursuant to the request of defense counsel, related case GC050848, is dismissed with prejudice.”

On January 16, 2020, the GC050848 case was reassigned to Department B.

On March 20, 2020, the Court denied Defendants’ ex parte application in GC050848 to set aside the order to dismiss the entire case and stated that Defendants could proceed by filing a noticed motion.

On April 2, 2020, Defendants filed a motion to set aside the dismissal order entered in this action on January 13, 2020 and the declaration of Qiang Bjornback. On May 15 and 20, Defendants filed declarations in support of the motion. The Court is not in receipt of an opposition brief.

DISCUSSION

Defendants move pursuant to CCP §473(b)’s mandatory prong and CRC Rules 3.1203 and 3.1300, arguing that the January 13, 2020 minute order erroneously provides for the dismissal of the entire GC050848 action, instead of a dismissal of the causes of action alleged between the settling parties only—Plaintiff/Cross-Defendant Lanny Jay Dugar and Defendant David and Qiang Bjornbak. Defendants argue that a default judgment has been entered against Cross-Defendant Raul del Cid individually and dba Del Cid Construction on their cross-complaint in GC050848 on March 27, 2018, and none of the minute orders refer or purport to vacate or set aside that judgment. (See 5/20/20 Q. Bjornbak Decl., ¶¶3-4; Ex. 1 [3/27/18 Default Judgment]; Ex. 2 [5/7/19 Abstract of Judgment].) Thus, Defendants seek a corrected minute order to avoid any uncertainty or ambiguity with respect to the judgment.

Defendants also provide the declaration of George B. Piggott as Exhibit 4 to the declaration of Ms. Bjornbak filed on April 2, 2020 and a separate declaration filed on May 20, 2020. Mr. Piggott states that he attended the January 13, 2020 hearing with Ms. Bjornbak and that he had advised the Court that a judgment against Plaintiff Dugar had been submitted but not yet entered. (5/15/20 Piggott Decl., ¶4.) He states that he informed the Court that Plaintiff’s complaint in EC067915, the remaining 1st and 3rd causes of action in the Bjornbaks’ cross-complaint, and the parties’ claims against one another in GC050848 were to be dismissed with prejudice. (Id.) He states that he dismissals had been prepared for filing by Plaintiff’s previous attorney of record, but the Court ordered the dismissal of the claims in lieu of the filing of dismissals. (Id., ¶¶4-5.) Mr. Piggott admits that the scope of the dismissal in GC050848 may not have been made clear to the Court because he referred to the dismissal of “the parties’ claims” against each other, without specifying that he was only referring to the settling parties (i.e., Dugar and the Bjornbaks), and not the parties generally. (Id., ¶6.) He also states that neither he nor Ms. Bjornbak had advised the Court of the default judgment entered against one of the defendants in GC050848. (Id.) Thus, Mr. Piggott states that the minute orders should be vacated and corrected to avoid ambiguity, so that they make clear that only Dugar’s complaint in GC050848 and the Bjornbaks’ cross-claims against Dugar be dismissed, and there should not be any dismissal as to the judgment entered in the Bjornbaks’ favor against Raul del Cid aka Del Cid Construction in GC050848. (Id., ¶7.)

`Ms. Bjornbak’s declaration essentially states the same as Mr. Piggott’s declaration. (See 5/20/20 Q. Bjornbak Decl., ¶¶5-12.)

Based on these declarations, the Court finds there is substantive merit to the motion. The motion to vacate the dismissal of the entire GC050848 case is granted.

CONCLUSION AND ORDER

Defendants’ motion to vacate the dismissal of the entire GC050848 case is granted. The parties should file the proper requests for dismissal of the correct parties with regard to the specific pleadings and actions.

Defendants shall provide notice of this order.

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