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This case was last updated from Los Angeles County Superior Courts on 05/28/2019 at 17:28:08 (UTC).

NATIONAL COMMERCIAL RECOVERY INC VS LUXURY INTERNATIONAL

Case Summary

On 10/25/2016 NATIONAL COMMERCIAL RECOVERY INC filed a Contract - Debt Collection lawsuit against LUXURY INTERNATIONAL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is SUSAN BRYANT-DEASON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8345

  • Filing Date:

    10/25/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

SUSAN BRYANT-DEASON

 

Party Details

Plaintiffs and Petitioners

BLAIR SMITH AND ASSOCIATES

NATIONAL COMMERCIAL RECOVERY

NATIONAL COMMERCIAL RECOVERY INC.

Defendants and Respondents

KHORAM JAHAN SHAYESTEH

LUXURY INTERNATIONAL TEXTILES

KHORRAM JAHAN

SHAYESTEH JAHANGIR

KHORRAM JAHANGIR

DOES 1 TO 10

BODYROX INCORPORATION

SHAYESTEH JAHAN

BODYROX INC.

POURSAEED FARIBORZ

SAHRANAVARD BEHNIA

LUXURY INTERNATIONAL TEXTILES INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

BESNYL GLENN A. ESQ.

BESNYL GLENN ALAN ESQ.

Defendant Attorney

SHAMTOB EDRIN

 

Court Documents

EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND RELATED CUT-OFF DATES; ETC.

1/12/2018: EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND RELATED CUT-OFF DATES; ETC.

Minute Order

1/12/2018: Minute Order

DECLARATION OF AVI MANSOURY IN SUPPORT OF ENTRY OF DEFAULT JUDGMENT AGAINST NON-ANSWERING DEFENDANTS BODYROX INC., FARIBORZ POURSAEED AND BEHNIA SAHRANAVARD

1/18/2018: DECLARATION OF AVI MANSOURY IN SUPPORT OF ENTRY OF DEFAULT JUDGMENT AGAINST NON-ANSWERING DEFENDANTS BODYROX INC., FARIBORZ POURSAEED AND BEHNIA SAHRANAVARD

DECLARATION

1/18/2018: DECLARATION

JUDGMENT BY COURT BY DEFAULT

1/18/2018: JUDGMENT BY COURT BY DEFAULT

EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND RELATED CUT-OFF DATES; ETC

4/24/2018: EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND RELATED CUT-OFF DATES; ETC

Minute Order

5/1/2018: Minute Order

Motion to Enforce Settlement

2/21/2019: Motion to Enforce Settlement

Notice of Entry of Judgment / Dismissal / Other Order

5/16/2019: Notice of Entry of Judgment / Dismissal / Other Order

PROOF OF SERVICE SUMMONS

12/15/2016: PROOF OF SERVICE SUMMONS

REQUEST FOR ENTRY OF DEFAULT

1/12/2017: REQUEST FOR ENTRY OF DEFAULT

ORDER ON COURT FEE WAIVER AFTER HEARING

1/24/2017: ORDER ON COURT FEE WAIVER AFTER HEARING

ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

1/24/2017: ORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

Unknown

1/31/2017: Unknown

NOTICE OF CASE MANAGEMENT ORDER

2/9/2017: NOTICE OF CASE MANAGEMENT ORDER

CLERK'S NOTICE OF VOIDING OF FILING

2/21/2017: CLERK'S NOTICE OF VOIDING OF FILING

Minute Order

3/10/2017: Minute Order

Minute Order

8/8/2017: Minute Order

59 More Documents Available

 

Docket Entries

  • 05/20/2019
  • Notice (of Entry of Judgment); Filed by National Commercial Recovery, Inc. (Plaintiff)

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  • 05/16/2019
  • at 08:30 AM in Department 52, Susan Bryant-Deason, Presiding; Hearing on Motion to Enforce Settlement - Held

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  • 05/16/2019
  • Judgment (- Judgment on the Pleading - 05/16/2019 entered for Plaintiff National Commercial Recovery, Inc. against Defendant Luxury International Textiles, Inc.; Defendant Shayesteh, Jahan, joint and several.); Filed by Clerk

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  • 05/16/2019
  • Judgment; Filed by Clerk

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  • 05/16/2019
  • Minute Order ( (Hearing on Motion to Enforce Settlement)); Filed by Clerk

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  • 05/16/2019
  • Notice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk

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  • 05/15/2019
  • at 08:31 AM in Department 52, Susan Bryant-Deason, Presiding; Hearing on Motion to Enforce Settlement - Held - Continued

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  • 05/15/2019
  • Minute Order ( (Hearing on Motion to Enforce Settlement)); Filed by Clerk

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  • 02/21/2019
  • Motion to Enforce Settlement; Filed by National Commercial Recovery, Inc. (Plaintiff)

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  • 12/03/2018
  • at 08:30 AM in Department 52, Susan Bryant-Deason, Presiding; Non-Appearance Case Review

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153 More Docket Entries
  • 12/15/2016
  • PROOF OF SERVICE SUMMONS

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  • 11/22/2016
  • PROOF OF SERVICE SUMMONS

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  • 11/22/2016
  • Proof-Service/Summons; Filed by National Commercial Recovery, Inc. (Plaintiff); Blair Smith and Associates (Legacy Party)

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  • 11/22/2016
  • PROOF OF SERVICE SUMMONS

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  • 11/01/2016
  • ORDER TO SHOW CAUSE HEARING

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  • 11/01/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 10/25/2016
  • SUMMONS

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  • 10/25/2016
  • COMPLAINT FOR MONEY; COMMON COUNTS; MONEY DUE ON DISHONORED CHECKS

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  • 10/25/2016
  • Summons; Filed by National Commercial Recovery, Inc. (Plaintiff); Blair Smith and Associates (Legacy Party)

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  • 10/25/2016
  • Complaint; Filed by National Commercial Recovery, Inc. (Plaintiff); Blair Smith and Associates (Legacy Party)

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Tentative Rulings

Case Number: BC638345    Hearing Date: March 16, 2021    Dept: 52

TENTATIVE RULING

PLAINTIFF NATIONAL COMMERCIAL RECOVERY, INC. D/B/A BLAIR SMITH AND ASSOCIATES’ MOTION TO AMEND JUDGMENT

The court having read the papers and heard the arguments rules as follows:

Plaintiff again moves to amend the judgment to add Topmaxx, Inc., a California corporation as an additional judgment debtor. On December 11, 2020, the Court denied plaintiff’s prior motion for the same relief due to insufficient evidence. The Minute Order stated that the Secretary of State’s records regarding Topmaxx, Inc. were not properly authenticated and that plaintiff failed to provide evidence of Bodyrox, Inc.’s ownership, directors, or officers.

Plaintiff failed to fix either problem. Plaintiff again attempted to authenticate writings via its memorandum, not a sworn declaration. “[M]atters set forth in memoranda of points and authorities are not evidence.” (Brehm Communities v. Superior Court (2001) 88 Cal.App.4th 730, 735, internal quotations and alterations omitted.) “Evidence received at a law and motion hearing must be by declaration or request for judicial notice… .” (CRC 3.1306(a).)

Though this time plaintiff attached the Statement of Information for Bodyrox, Inc. (Ex. C), plaintiff did not properly authenticate it. (See Evid. Code, §§ 1400, 1401.) Plaintiff again did not request judicial notice of any records. Indeed, plaintiff submitted the same Declaration of Shahram Mansoury (dated September 23, 2020) as last time.

The evidence was insufficient last time. Plaintiff’s only admissible evidence is the same as last time. That evidence is again insufficient.

The motion is DENIED.

Please contact Department 52 at SMCDEPT52@lacourt.org to advise the courtroom staff if parties are submitting on the court’s tentative ruling. Please provide the Case Name, Case Number, and party.

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