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This case was last updated from Los Angeles County Superior Courts on 01/07/2021 at 12:31:46 (UTC).

LORETTA M. COHA VS. SIRIUS FINANCIAL, ET AL

Case Summary

On 07/31/2012 LORETTA M COHA filed a Contract - Other Contract lawsuit against SIRIUS FINANCIAL. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN P. PFAHLER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3448

  • Filing Date:

    07/31/2012

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN P. PFAHLER

 

Party Details

Plaintiffs and Appellants

COHA LORETTA M.

CUSTODIAN FBO LORETTA M. COHA IRA

EQUITY TRUST COMPANY

IRA CUSTODIAN FBO LORETTA M. COHA

Defendants and Respondents

BURAK MARY

BURAK VICTORIA

SIRIUS FINANCIAL

WILSON ELIZABETH

Not Classified By Court

DAN BRYAN FLOYD

Attorney/Law Firm Details

Plaintiff Attorneys

RIZZOTTI SHELLEY

LAW OFFICES OF JAMES W. BATES

BATES JAMES WILLIAM

Defendant Attorney

MILLER LISA

 

Court Documents

Notice of Ruling

6/10/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

7/26/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Order

8/30/2019: Order

Appeal - Notice of Appeal/Cross Appeal Filed

10/22/2019: Appeal - Notice of Appeal/Cross Appeal Filed

Notice of Ruling

4/2/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS; HEARING ON APP...)

4/26/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS; HEARING ON APP...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS; HEARING ON APP...) OF 04/26/2019

4/26/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS; HEARING ON APP...) OF 04/26/2019

Notice of Ruling

5/23/2019: Notice of Ruling

Civil Case Cover Sheet -

7/31/2012: Civil Case Cover Sheet -

Proof of Personal Service -

8/22/2012: Proof of Personal Service -

Request for Entry of Default / Judgment -

9/25/2012: Request for Entry of Default / Judgment -

Legacy Document -

11/8/2012: Legacy Document -

Notice of Entry of Judgment -

12/3/2012: Notice of Entry of Judgment -

Legacy Document -

2/21/2017: Legacy Document -

Notice of Change of Address or Other Contact Information -

1/17/2018: Notice of Change of Address or Other Contact Information -

Legacy Document -

1/17/2018: Legacy Document -

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

9/26/2018: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Minute Order - Minute Order (Hearing on Application for Order for Appearance and Examinati...)

2/27/2019: Minute Order - Minute Order (Hearing on Application for Order for Appearance and Examinati...)

66 More Documents Available

 

Docket Entries

  • 03/15/2021
  • Hearing03/15/2021 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion - Other To Substitute Party

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  • 10/23/2020
  • DocketMotion for Order (Substituting Dan Bryan Floyd, Successor Trustee Of Trust Of Loretta M. Coha In Place Of Plaintiff/Judgment Creditor Loretta M. Coha, Deceased); Filed by LORETTA M. COHA (Plaintiff)

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  • 01/08/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Taken Off Calendar by Party

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  • 01/08/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Order to Show Cause Re: (Bankruptcy Status as to Mary Burak and Victoria Burak) - Held

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  • 01/08/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 01/08/2020
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 01/08/2020
  • DocketMinute Order ( (Order to Show Cause Re: Bankruptcy Status as to Mary Burak an...)); Filed by Clerk

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  • 11/19/2019
  • DocketAppeal - Appendix CRC 8.124 Transcript Certified (NOA 10/22/19 B301997); Filed by Clerk

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  • 11/12/2019
  • DocketNotice of Ruling (AND CONTINUANCE OF HEARING ON ORDER FOR APPEARANCE AND EXAMINATION OF JUDGMENT DEBTORS MARY BURAK AND VICTORIA BURAK); Filed by LORETTA M. COHA (Plaintiff); EQUITY TRUST COMPANY (Plaintiff)

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  • 11/05/2019
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by LORETTA M. COHA (Appellant); EQUITY TRUST COMPANY (Appellant)

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103 More Docket Entries
  • 09/25/2012
  • DocketRequest for Entry of Default / Judgment; Filed by LORETTA M. COHA (Plaintiff); EQUITY TRUST COMPANY (Plaintiff); CUSTODIAN FBO LORETTA M. COHA IRA (Plaintiff)

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  • 09/25/2012
  • DocketRequest for Entry of Default / Judgment; Filed by LORETTA M. COHA (Plaintiff); EQUITY TRUST COMPANY (Plaintiff); CUSTODIAN FBO LORETTA M. COHA IRA (Plaintiff)

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  • 08/22/2012
  • DocketProof of Personal Service; Filed by LORETTA M. COHA (Plaintiff); EQUITY TRUST COMPANY (Plaintiff); CUSTODIAN FBO LORETTA M. COHA IRA (Plaintiff)

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  • 08/22/2012
  • DocketProof of Personal Service; Filed by LORETTA M. COHA (Plaintiff); EQUITY TRUST COMPANY (Plaintiff); CUSTODIAN FBO LORETTA M. COHA IRA (Plaintiff)

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  • 08/22/2012
  • DocketProof of Personal Service; Filed by EQUITY TRUST COMPANY (Plaintiff); CUSTODIAN FBO LORETTA M. COHA IRA (Plaintiff)

    Read MoreRead Less
  • 08/22/2012
  • DocketProof of Personal Service; Filed by LORETTA M. COHA (Plaintiff); EQUITY TRUST COMPANY (Plaintiff); CUSTODIAN FBO LORETTA M. COHA IRA (Plaintiff)

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  • 07/31/2012
  • DocketCivil Case Cover Sheet; Filed by LORETTA M. COHA (Plaintiff)

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  • 07/31/2012
  • DocketNotice (of All Purpose Case Assignment and Notice of Case Management Conference); Filed by Clerk

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  • 07/31/2012
  • DocketSummons; Filed by null

    Read MoreRead Less
  • 07/31/2012
  • DocketComplaint filed-Summons Issued; Filed by null

    Read MoreRead Less

Tentative Rulings

Case Number: PC053448    Hearing Date: March 15, 2021    Dept: F49

Dept. F-49

Calendar # 4

Date: 3-15-21

Case #PC053448

SUBSTITUTE

MOVING PARTY: Plaintiff, Dan Floyd, Sucessor Trustee of Trust of Loretta Coha

RESPONDING PARTY: Unopposed/Defendants, Sirius Financial, et al.

RELIEF REQUESTED

Motion to Substitute Party

SUMMARY OF ACTION

In 2009, defendant Mary Burak undertook real estate agency relationship with Plaintiff Loretta Coha for the sale of certain real property. During the court of representation, Defendants Mary Barak and Victoria Barak began soliciting Plaintiff for investment in an alleged real estate investment business involving the purchase of distressed “short sale” properties with the intention of rehabilitating the properties for a quick sale.

On April 1, 2009, Mary Barak executed a promissory note in favor of Coha for $274,390.27, which promised repayment of the balance on May 1, 2010 with 15% interest. Coha directed the delivery of a cashier’s check on May 18, 2009 to Defendant Sirius Financial. No repayment of the note occurred even after an extension of the payment deadline. Plaintiff alleges Sirius Financial was a sham entity operated by individual defendants Mary Barak, Victoria Barak and Elizabeth Wilson.

On July 31, 2012, Plaintiffs filed their complaint against Defendants for breach of contract, fraud: intentional misrepresentation, and common count: money had and received. The clerk entered default against Elizabeth Wilson on September 25, 2012. On November 20, 2012, the court entered a default judgment against Sirius Financial, Mary Burak, Victoria Burak and Elizabeth Wilson for $448,255.56.

On April 26, 2019, the court granted the motion to quash the service of the summons as to Elizabeth Wilson and declared the judgment void based on a lack of jurisdiction. On August 30, 2019, the court granted the motion to dismiss Elizabeth Wilson from the action.

Plaintiff appealed the orders. On February 18, 2021, the court of appeal affirmed the court’s granting of the motion to quash, and order dismissing Elizabeth Wilson.

RULING: Granted.

Dan Floyd, Sucessor Trustee of Trust of Loretta Coha, moves to substitute in as real party of interest for Plaintiff Loretta Coha. Loretta Coha died on January 7, 2020. Floyd moves to substitute into in the action in order to continue with enforcement of the judgment.

A new party, decedent’s appointed personal representative or a successor-in-interest, may substitute into an action for causes of action that survive a plaintiff’s death. (Code Civ. Proc., §§ 377.30, 377.34.) A successor-in-interest must file a declaration with specified elements and a death certificate (Code Civ. Proc., § 377.32).

The motion complies with the procedural requirements. Collection on a judgment survives the death of a judgment creditor. (Code Civ. Proc., § 686.010.)

The motion is granted.

Plaintiff to provide notice to all parties.

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