This case was last updated from Los Angeles County Superior Courts on 03/12/2020 at 18:01:22 (UTC).

LEE SMITH ET AL VS TAKUI AYVAZYAN ET AL

Case Summary

On 05/23/2016 LEE SMITH filed a Personal Injury - Other Personal Injury lawsuit against TAKUI AYVAZYAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1464

  • Filing Date:

    05/23/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

SMITH LAVELL IV

SMITH LEE

CUNNINGHAM ANNE

JOHNSON OMARI

Defendants, Respondents and Cross Defendants

GOUGH LEON

AYVAZYAN ARMEN

AYAVAZYAN TAKUI

GOLDHEART PRODUCTION INC.

MONALIZZA RESTAURANT & BANQUET

LONG BRIAN KIRK

Defendants, Respondents and Cross Plaintiffs

AYAVAZYAN TAKUI

MONALIZZA RESTAURANT & BANQUET

Minors

SMITH LEVI

SMITH LORIELLE

Guardian Ad Litem

LOCKHART COLENE

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

LEGAL OFFICES OF DAVID GREY THE

MOLCHAN JEFFREY L.

HUTTON REBECCA SARA

Defendant Attorneys

WILLIAMS LAW GROUP THE

GREEN BJORN CLARK

WILLIAMS ANDREW

 

Court Documents

PLAINTIFF, CLARENCE MORGAN'S, PROOF OF SERVICE OF SUMMONS ON DEFENDANT, ARMEN AYVAZYAN

1/10/2018: PLAINTIFF, CLARENCE MORGAN'S, PROOF OF SERVICE OF SUMMONS ON DEFENDANT, ARMEN AYVAZYAN

PLAINTIFF, CLARENCE MORGAN'S, PROOF OF SERVICE OF SUMMONS ON - DEFENDANT, GOLDHEART - PRODUCTIONS, INC.

1/10/2018: PLAINTIFF, CLARENCE MORGAN'S, PROOF OF SERVICE OF SUMMONS ON - DEFENDANT, GOLDHEART - PRODUCTIONS, INC.

LEON GOUGH'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF, CLARENCE MORGAN'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ANDREW WILLIAMS ESQ

5/3/2018: LEON GOUGH'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF, CLARENCE MORGAN'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ANDREW WILLIAMS ESQ

DEFENDANTS TAKUI AYVAZYAN, ARMEN AYVAZYAN, AND MONALIZZA RESTAURANT''S ANSWER TO PLAINTIFFS LEE SMITH, ANNE CUNNINGHAM, LAVELL SMITH IV, AND MINORS LORIELLE SMITH AND LEVI SMITH, BY AND THROUGH THEIR

8/28/2018: DEFENDANTS TAKUI AYVAZYAN, ARMEN AYVAZYAN, AND MONALIZZA RESTAURANT''S ANSWER TO PLAINTIFFS LEE SMITH, ANNE CUNNINGHAM, LAVELL SMITH IV, AND MINORS LORIELLE SMITH AND LEVI SMITH, BY AND THROUGH THEIR

DEFENDANTS TAKUI AYVAZYAN, ARMEN AYVAZYAN, AND MONALIZZA RESTAURANT'S ANSWER TO PLAINTIFF OMARI JOHNSON'S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

8/28/2018: DEFENDANTS TAKUI AYVAZYAN, ARMEN AYVAZYAN, AND MONALIZZA RESTAURANT'S ANSWER TO PLAINTIFF OMARI JOHNSON'S FIRST AMENDED COMPLAINT; DEMAND FOR JURY TRIAL

Opposition

11/30/2018: Opposition

Reply

12/7/2018: Reply

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/22/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice

SUMMONS

6/15/2016: SUMMONS

Minute Order

8/18/2016: Minute Order

SUMMONS CROSS-COMPLAINT

9/7/2016: SUMMONS CROSS-COMPLAINT

PROOF OF SERVICE OF SUMMONS CROSS-COMPLAINT

11/4/2016: PROOF OF SERVICE OF SUMMONS CROSS-COMPLAINT

PROOF OF SERVICE OF SUMMONS

2/6/2017: PROOF OF SERVICE OF SUMMONS

Minute Order

5/17/2017: Minute Order

NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE

5/22/2017: NOTICE OF RULING RE CASE MANAGEMENT CONFERENCE

REQUEST FOR ENTRY OF DEFAULT

9/29/2017: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

9/29/2017: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

11/15/2017: REQUEST FOR ENTRY OF DEFAULT

92 More Documents Available

 

Docket Entries

  • 08/18/2020
  • Hearing08/18/2020 at 10:00 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 08/11/2020
  • Hearing08/11/2020 at 08:30 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 05/06/2020
  • Hearing05/06/2020 at 08:30 AM in Department 37 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 03/02/2020
  • Docketat 08:30 AM in Department 37; Court Order

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  • 03/02/2020
  • DocketMinute Order ( (In Chambers Court Order)); Filed by Clerk

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  • 03/02/2020
  • DocketCertificate of Mailing for ((In Chambers Court Order) of 03/02/2020); Filed by Clerk

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  • 02/13/2020
  • DocketSeparate Statement; Filed by Takui Ayavazyan (Defendant); Armen Ayvazyan (Defendant); Monalizza Restaurant & Banquet (Defendant)

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  • 02/13/2020
  • DocketNotice of Ruling; Filed by Takui Ayavazyan (Defendant); Monalizza Restaurant & Banquet (Defendant)

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  • 02/13/2020
  • DocketMotion for Summary Judgment; Filed by Takui Ayavazyan (Defendant); Armen Ayvazyan (Defendant); Monalizza Restaurant & Banquet (Defendant)

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  • 02/11/2020
  • Docketat 08:30 AM in Department 37; Hearing on Motion to Deem Request for Admissions Admitted - Held

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272 More Docket Entries
  • 06/15/2016
  • DocketSUMMONS

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  • 06/01/2016
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 06/01/2016
  • DocketOrd Apptng Guardian Ad Litem; Filed by Plaintiff/Petitioner

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  • 05/23/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 05/23/2016
  • DocketComplaint; Filed by Anne Cunningham (Plaintiff); Lavell Smith, IV (Plaintiff); Lee Smith (Plaintiff)

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  • 05/23/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 05/23/2016
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 05/23/2016
  • DocketCOMPLAINT FOR WRONGFUL DEATH AND DAMAGES DEMAND FOR JURY TRIAL

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  • 05/23/2016
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 03/17/2016
  • DocketORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

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Tentative Rulings

Case Number: BC621464    Hearing Date: February 11, 2020    Dept: 37

HEARING DATE: February 11, 2020

CASE NUMBER: BC621464

CASE NAME: Lee Smith, et al. v. Takui Ayvazyan, et al.

MOVING PARTIES: Defendants, Takui Ayvazyan and Monalizza Restaurant

OPPOSING PARTY: Plaintiffs, Lee Smith and Anne Cunningham

TRIAL DATE: August 18, 2020

PROOF OF SERVICE: OK

MOTION: Motion to Deem Request for Admissions, Set Ones Admitted

OPPOSITION: None, as of February 6, 2020

REPLY: N/A

RECOMMENDATION: Monalizza Defendants’ motion to deem Requests for Admission, Sets One admitted as to Lee Smith and Anne Cunningham is GRANTED. Moving parties’ counsel to give notice.

Monalizza Defendants’ request for sanctions is denied.

Background

This action arises in connection with a shooting that allegedly occurred at the real property known as Monalizza Restaurant & Banquet (the “Property”). Defendant Brian Kirk Long (“Long”) and Doe Defendants allegedly brandished and used a firearm to inflict harm on Plaintiffs Clarence Morgan (“Morgan”) and Omari Johnson (“Johnson”) and to kill Decedent Lavell Lee Smith (“Smith”). Defendants Takui Ayvazyan and Armen Ayvazyan and Monalizza Restaurant (“Monalizza,” erroneously sued as Monalizza Restaurant & Banquet) (collectively the Monalizza Defendants”) are alleged to be the owners, operators and managers of the Property. Defendant Goldheart Productions, Inc. (“Goldheart”) and Leon Gough (“Gough”) (collectively the Goldheart Defendants”) allegedly rented Monalizza for a party on June 29, 2014. Plaintiffs allege that the Goldheart Defendants and the Monalizza Defendants negligently and carelessly failed to provide sufficient security to protect Plaintiffs.

Three separate lawsuits were commenced against the Defendants in this court in Case Nos. BC621464, BC624882 and BC625257. These cases have been consolidated in lead Case No. BC621464.

Plaintiffs Lee Smith, Anne Cunningham, Lavell Smith IV and minors Lorielle Smith and Levi Smith (by and through their guardian ad litem Colene Lockhart) (collectively the “Smith Plaintiffs”) filed a Complaint in connection with the shooting of Decedent Smith on May 23, 2016 and their First Amended Complaint (“Smith FAC”) on June 21, 2018. In the Smith FAC, the Smiths allege one cause of action for general negligence against all Defendants.

Plaintiff Johnson filed his Compliant on June 27, 2016 and his First Amended Complaint (“Johnson FAC”) on June 12, 2018. In the Johnson FAC, Plaintiff Johnson alleges three causes of action against the Monalizza Defendants and the Goldheart Defendants for: (1) negligence; (2) premises liability and (3) negligent hiring, retention and supervision. Johnson additionally alleges two causes of action against Defendant Kirk Long (“Long”) for (4) assault and (5) battery.

Plaintiff Morgan filed his Complaint on June 29, 2016 and filed a First Amended Complaint (the “Morgan FAC”) on November 13, 2017. In the Morgan FAC, Plaintiff Morgan alleges three causes of action against the Monalizza Defendants and the Goldheart Defendants for: (1) general negligence; (2) premises liability and (3) general negligence – negligent hiring, training, supervision and/or retention. Morgan additionally alleges eight causes of action against Defendant Long for; (4) general negligence; (5) assault; (6) battery; (7) intentional infliction of emotional distress and (8) negligent infliction of emotional distress.

Cross-Complainants Takui Ayvazyan and Monalizza filed a cross-complaints on September 7, 2016 and a the Monalizza Defendants filed a First Amended Cross-Complaint on August 28, 2018, alleging seven causes of action for: (1) breach of written contract against Goldheart; (2) express indemnity against Goldheart; (3) implied indemnity against Gough, Goldheart and Long; (4) total equitable indemnity against Gough, Goldheart and Long; (5) partial equitable indemnity against Gough, Goldheart and Long; (6) declaratory relief against Goldheart and (7) negligence against Long.

The Monalizza Defendants now move for requests for admissions, sets one to be deemed admitted against Lee Smith and Anne Cunningham (“Smiths”). No opposition has been filed to the instant motion.

Procedural History

On August 22, 2019, the Smiths’ counsel Jeffrey L. Molchan filed motions to be relieved as counsel. (Declaration of Megan Hitchcock (“Hitchcock Decl.”), ¶ 7.) On September 4, 2019, the Monalizza Defendants served Requests for Admission, Sets One on the Smiths by serving Jeffrey L. Molchan. (Hitchcock Decl. ¶ 8, Exhibits A-B.) Plaintiffs never served responses or requested an extension. (Hitchcock Decl. ¶ 8.) The court granted Jeffrey L. Molchan’s motions to be relieved as counsel on September 18, 2019 and ordered Molchan to give notice. (see Minute Order of September 18, 2019.)

Thereafter, the Monalizza Defendants sent letters to the Smiths on November 15, 2019, via certified mail, in an effort to meet and confer about their failure to respond. (Hitchcock Decl. ¶ 10, Exhibits C-D.) In December 2019, these letters were returned “unclaimed/unable to forward.” (Hitchcock Decl. ¶ 12.) On January 3, 2020, the Monalizza Defendants located a new address for Anne Cunningham via public records search and made another attempt to send a meet and confer letter to this new address. (Hitchcock Decl. ¶ 13, Exhibit G.)

Analysis

I. Discussion

“Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.”  (Code Civ. Proc., § 2033.010.)  “Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . .”  (Code Civ. Proc., § 2033.250(a).)

“If a party to whom requests for admission are directed fails to serve a timely response . . . . (b) The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010).”  (Code Civ. Proc., § 2033.280.) If the requesting party moves for an order to deem its requests for admissions admitted, the court “shall make this order, unless it finds that the party to whom the requests for admissions have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with section 2033.220.” (Code Civ. Proc., § 2033.280 (c).)

Here, as described above, the Monalizza Defendants have demonstrated that the Smiths were properly served with Requests for Admission, Sets One, via service to Jeffrey L. Molchan while Molchan remained attorney of record. Further, the Monalizza Defendants have demonstrated, although not specifically required, that attempts were made to serve the Smiths after they became self-represented following the court granting Molchan’s motions to be relieved as counsel.

Accordingly, the Monalizza Defendants’ motion to deem Requests for Admission, Sets One admitted as to Lee Smith and Anne Cunningham is GRANTED.

II. Request for Sanctions

The court may impose sanctions against any party for engaging in conduct constituting a “misuse of the discovery process.” (Code Civ. Proc., § 2023.030 (a).) Misuse of the discovery process includes “failing to respond or submit to an authorized method of discovery.” (Code Civ. Proc., § 2023.010 (d).)

The Monalizza Defendants request sanctions in the amount of $2,125 against the Smiths in connection with this motion. However, given the above described circumstances, the court finds that imposing sanctions would be unjust. As such, no sanctions are awarded.

III. Conclusion

Monalizza Defendants’ motion to deem Requests for Admission, Sets One admitted as to Lee Smith and Anne Cunningham is GRANTED. Moving parties’ counsel to give notice.