On 08/28/2014 MEHROUJAN SHIRVANIAN filed a Personal Injury - Elder/Dependant Adult Abuse lawsuit against ASA BROS INC. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are RUSSELL STEVEN KUSSMAN and VIRGINIA KEENY. The case status is Disposed - Judgment Entered.
****2065
08/28/2014
Disposed - Judgment Entered
Los Angeles County Superior Courts
Van Nuys Courthouse East
Los Angeles, California
RUSSELL STEVEN KUSSMAN
VIRGINIA KEENY
SHIRVANIAN HASMIK
SHIRVANIAN MEHROUJAN
SHIRVANIAN SARKIS
SHIRVANIAN SEDA
ASA BROS INC.
CARE CASTLE
DOES 1 TO 250
YAZICHYAN ANDREY AS DOE 2
YAZICHYAN SERGEY AS DOE 1
YAZICHIAN SERGEY
ASA BROS INC. DBA CARE CASTLE
UPSTREAM CAPITAL INVESTMENT LLC
UPSTREAM CAPITAL INVESTMENTS LLC
GARCIA STEPHEN MICHAEL
YEARGIN COLE WILLIAM
12/20/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
6/21/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
7/29/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING AND ORDER
2/13/2020: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)
5/30/2019: Notice - NOTICE NOTICE OF ASSIGNMENT ORDER
3/13/2019: Motion for Order - MOTION FOR ORDER MOTION FOR ASSIGNMENT ORDER AND TEMPORARY RESTRAINING ORDER
4/9/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER MOTION FOR ASSIGNMENT ORDER AND T...)
8/28/2014: Notice of Case Management Conference
12/30/2014: Case Management Statement
4/7/2015: Minute Order
6/3/2015: Declaration - DECLARATION OF NICHOLAS W. STADMILLER IN SUPPORT OF PLAINTIFF'S SUMMARY OF THE CASE FOR DEFAULT JUDGMENT IN COMPLIANCE WITH CALIFORNIA CIVIL RULES OF COURT RULE 3.1800
7/16/2015: Statement of Damages (Personal Injury or Wrongful Death) - STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH) AMENDED
7/22/2015: Request for Entry of Default / Judgment
9/9/2015: Minute Order
9/25/2015: Minute Order
12/17/2015: Minute Order
2/19/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
Hearing08/06/2020 at 08:30 AM in Department W at 6230 Sylmar Ave., Van Nuys, CA 91401; Hearing on Application for Order for Appearance and Examination
Hearing08/06/2020 at 08:30 AM in Department W at 6230 Sylmar Ave., Van Nuys, CA 91401; Hearing on Motion - Other for order to issue consumer report
DocketNotice (Notice of Continuance of Hearing and Order); Filed by Upstream Capital Investments LLC (Assignee)
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Rescheduled by Court
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (for order to issue consumer report) - Not Held - Rescheduled by Court
DocketNotice (Notice of Continuance of Hearing and Order); Filed by Upstream Capital Investments LLC (Assignee)
DocketNotice (Notice of Continuance of Judgment Debtor Exam; Notice of Issued and Held Bench Warrant); Filed by Upstream Capital Investments LLC (Assignee)
DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (for order to issue consumer report) - Not Held - Rescheduled by Court
Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Rescheduled by Court
DocketProof of Service-Summons & Com; Filed by Attorney-Plaintiff
DocketSummons (on Complaint); Filed by Clerk
DocketComplaint; Filed by Attorney-Plaintiff
DocketSummons Filed; Filed by Attorney-Plaintiff
DocketDeclaration (of Sarkis Shirvanian as Successor in Interest to Mehroujan Shirvanian Pursuant to California Code of Civil Procedure 377.32); Filed by Mehroujan Shirvanian (Petitioner)
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk
DocketElder Abuse/Dependent Adult Abuse Case; Filed by Mehroujan Shirvanian (Petitioner)
DocketCivil Case Cover Sheet; Filed by Mehroujan Shirvanian (Petitioner)
DocketNotice-Case Management Conference; Filed by Clerk
DocketNotice of Case Management Conference
Case Number: LC102065 Hearing Date: August 06, 2020 Dept: W
SHIRVANIAN V. ASA BROS, INC.
MOTION FOR ORDER TO ISSUE CONSUMER CREDIT REPORT
Date of Hearing: August 6, 2020 Trial Date: None set.
Department: W Case No.: LC102065
Moving Party: Assignee Upstream Capital Investments LLC
Responding Party: None
BACKGROUND
On August 28, 2014, Plaintiffs Mehroujan Shirvanian, by and through his successor in interest, Sarkis Shirvanian, Sarkis Shirvanian, Anne Shirvanian, Sarkis Shirvanian, Hasmik Shirvanian, and Seda Shirvanian brought a complaint against Defendant Asa Bros, Inc. dba Care Castle for elder abuse, negligence, negligent hiring and supervision, fraud, and wrongful death.
On November 17, 2014, Plaintiffs filed a Doe Amendment naming Sergey Yazichian as Doe Defendant 1.
On December 17, 2015, default judgment was entered against Sergey Yazichian and Asa Bros, Inc. dba Care Castle in the amount of $1,325,377.95. The judgment was then assigned by Plaintiff to Upstream Capital Care Investments, LLC.
[TENTATIVE] RULING:
Assignee Upstream Capital Investments LLC’s Motion for Order to Issue Consumer Credit Report is GRANTED.
DISCUSSION
Assignee Upstream Capital Care Investments, LLC seeks an order directing one or more credit reporting agencies to provide a copy of Judgment Debtor’s credit report pursuant to Civil Code section 1785.11 and Code of Civil Procedure section 187 as Defendants have been unwilling to enter into a voluntary settlement. Moreover, Upstream contends it is believed that information contained in the consumer credit report will allow for successful enforcement of the court’s judgment and lead to satisfaction of the judgment which has been entered against Sergey Yazichian.
Code of Civil Procedure section 187 provides “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”
Civil Code section 1785.11 provides a consumer credit reporting agency shall furnish a consumer credit report in response to the order of a court having jurisdiction to issue an order. (CC §1785.11(a)(1).) The court finds that the moving party has adequately established good cause to order the credit report in this case, given the substantial judgment it has obtained and the failure of defendants to satisfy the judgment. (Yeargin Decl. ¶4.)
Based on the foregoing, Assignee Upstream Capital Investments LLC’s Motion for Order to Issue Consumer Credit Report is GRANTED.