This case was last updated from Los Angeles County Superior Courts on 09/26/2019 at 16:32:39 (UTC).

NILOFAR KAHROBAI ET AL VS HOTEL FUND LLC ET AL

Case Summary

On 09/27/2016 NILOFAR KAHROBAI filed a Contract - Other Contract lawsuit against HOTEL FUND LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JOSEPH R. KALIN, TERESA SANCHEZ-GORDON and MICHELLE WILLIAMS COURT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5436

  • Filing Date:

    09/27/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JOSEPH R. KALIN

TERESA SANCHEZ-GORDON

MICHELLE WILLIAMS COURT

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

EBRAHIM & NILOFAR KAHROBAI TRUST

KAHROBAI NILOFAR

>>>EBRAHIM & NILOFAR KAHROBAI TRUST

Defendants, Respondents and Cross Plaintiffs

YASMEH BEHZAD

HOTEL FUND LLC

DOES 1 THROUGH 100

KAHROBAI YUSEF J.

KAHROBAI MASOUD ISAAC

YASMEH BEHRUZ

KB INVESTMENT PARTNERS III LLC

ARMONY RONEN

YASMEH YANIV [DOE 1]

SOTO STREET PARTNERS LLC

Assignee

RECORD PICKFORD FUND LLC

Defendants, Respondents and Cross Defendants

KAHROBAI YUSEF J.

KAHROBAI MASOUD ISAAC

KAHROBAI NILOFAR

KAHROBAI KAHROBAI

SOTO STREET PARTNERS. LLC

SOTO STREET PARTNERS LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MASHIAN LAW GROUP A.P.C.

MASHIAN BRYAN

Defendant and Respondent Attorneys

LEHRMAN KATE S. ESQ.

LEWIN RODNEY T. ESQ.

KAPLAN JERRY ESQ.

STOLAR STEVEN R. ESQ.

>>>KAPLAN KENEGOS & KADIN

BANAYAN KOOROSH

CURTIS ROBERT ALAN

Other Attorneys

STEVEN R. STOLAR ATTORNEY AT LAW

MASHIAN LAW GROUP APC

 

Court Documents

ANSWER OF NILOFAR KAHROBAI, TRUSTEE OF THE EBRAHIM & NILOFAR KAHROBAI TRUST DATED JUNE 28, 2004; ETC.

1/30/2017: ANSWER OF NILOFAR KAHROBAI, TRUSTEE OF THE EBRAHIM & NILOFAR KAHROBAI TRUST DATED JUNE 28, 2004; ETC.

Declaration - DECLARATION OF YANIV YASMEH IN SUPPORT OF MOTION TO EXPUNGE LIS PENDENS

8/16/2019: Declaration - DECLARATION OF YANIV YASMEH IN SUPPORT OF MOTION TO EXPUNGE LIS PENDENS

Opposition - OPPOSITION PLAINTIFF NILOFAR KAHROBAIS OPPOSITION TO DEFENDANT HOTEL FUND LLCS EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE ON MOTION TO EXPUNGE LIS PENDENS; DECLARATION OF BRY

9/5/2019: Opposition - OPPOSITION PLAINTIFF NILOFAR KAHROBAIS OPPOSITION TO DEFENDANT HOTEL FUND LLCS EX PARTE APPLICATION FOR ORDER ADVANCING HEARING DATE ON MOTION TO EXPUNGE LIS PENDENS; DECLARATION OF BRY

Notice - Notice OF APPEARANCE FOR DEFENDANT KB INVESTMENT PARTNERS III, LLC

10/23/2018: Notice - Notice OF APPEARANCE FOR DEFENDANT KB INVESTMENT PARTNERS III, LLC

Objection - Objection to Notice of Related Case

12/14/2018: Objection - Objection to Notice of Related Case

Order - ORDER [PROPOSED] ORDER GRANTING EX PARTE APPLICATION AND ADOPTING TERMS OF STIPULATION

4/30/2019: Order - ORDER [PROPOSED] ORDER GRANTING EX PARTE APPLICATION AND ADOPTING TERMS OF STIPULATION

Proof of Service (not Summons and Complaint)

5/10/2019: Proof of Service (not Summons and Complaint)

PLAINTIFF NILOFAR KAHROBAI'S REPLY IN SUPPORT OF HER MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT ETC.

1/3/2018: PLAINTIFF NILOFAR KAHROBAI'S REPLY IN SUPPORT OF HER MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT ETC.

PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO THE MOTION OF RODNEY T. LEWIN AND LAW OFFICES OF RODNEY T. LEWIN TO BE RELIEVED AS COUNSEL FOR DEFENDANTS YUSEF J. KAHROBAI AND MASOUD

1/4/2018: PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO THE MOTION OF RODNEY T. LEWIN AND LAW OFFICES OF RODNEY T. LEWIN TO BE RELIEVED AS COUNSEL FOR DEFENDANTS YUSEF J. KAHROBAI AND MASOUD

CIVIL DEPOSIT -

1/10/2018: CIVIL DEPOSIT -

CIVIL DEPOSIT -

1/10/2018: CIVIL DEPOSIT -

PLAINTIFF NILOFAR KAHROBAI'S REPLY IN SUPPORT OF HER MOTION TO COMPEL RESPONSES FROM DEFENDANT YUSEF J. KAHROBAI TO FORM INTERROGATORIES (SET ONE) AND FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET

1/12/2018: PLAINTIFF NILOFAR KAHROBAI'S REPLY IN SUPPORT OF HER MOTION TO COMPEL RESPONSES FROM DEFENDANT YUSEF J. KAHROBAI TO FORM INTERROGATORIES (SET ONE) AND FURTHER RESPONSES TO SPECIAL INTERROGATORIES (SET

CROSS-COMPLAINT FOR DECLARATORY RELIEF; BREACH OF WARRANTY; INDEMNITY

12/27/2016: CROSS-COMPLAINT FOR DECLARATORY RELIEF; BREACH OF WARRANTY; INDEMNITY

CIVIL DEPOSIT

1/19/2017: CIVIL DEPOSIT

CIVIL DEPOSIT -

2/21/2017: CIVIL DEPOSIT -

PROOF OF SERVICE SUMMONS -

10/11/2017: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

10/11/2017: PROOF OF SERVICE SUMMONS -

NOTICE OF RULING AT: (1) CASE MANAGEMENT CONFERENCE IN RELATED CASES; ETC.

11/30/2017: NOTICE OF RULING AT: (1) CASE MANAGEMENT CONFERENCE IN RELATED CASES; ETC.

134 More Documents Available

 

Docket Entries

  • 04/27/2020
  • Hearing04/27/2020 at 10:00 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 04/17/2020
  • Hearing04/17/2020 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/28/2020
  • Hearing01/28/2020 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Expunge Lis Pendens

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  • 10/10/2019
  • Hearing10/10/2019 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 09/12/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Jerome Alan Kaplan (Attorney); KB Investment Partners III, LLC (Defendant)

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  • 09/12/2019
  • DocketMotion to Be Relieved as Counsel; Filed by Jerome Alan Kaplan (Attorney)

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  • 09/12/2019
  • DocketProof of Service (not Summons and Complaint); Filed by KB Investment Partners III, LLC (Defendant)

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  • 09/12/2019
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Jerome Alan Kaplan (Attorney)

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  • 09/06/2019
  • Docketat 08:30 AM in Department 74; Hearing on Ex Parte Application (for Order Advancing Hearing Date on Motion to Expunge Lis Pendens) - Held - Motion Denied

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  • 09/06/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application for Order Advancing Hearing D...)); Filed by Clerk

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259 More Docket Entries
  • 10/19/2016
  • DocketFirst Amended Complaint; Filed by >>>Ebrahim & Nilofar Kahrobai Trust dated (Plaintiff); Nilofar Kahrobai (Plaintiff)

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  • 10/19/2016
  • DocketComplaint ((1st)); Filed by >>>Ebrahim & Nilofar Kahrobai Trust dated (Plaintiff); Nilofar Kahrobai (Plaintiff)

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  • 10/19/2016
  • DocketFIRST AMENDED COMPLAINT FOR: 1. CANCELLATION OF DEED; ETC.

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  • 09/29/2016
  • DocketNOTICE OF PENDENCY OF ACTION (C.C.P. SECTION 405.20)

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  • 09/29/2016
  • DocketNotice; Filed by >>>Ebrahim & Nilofar Kahrobai Trust dated (Plaintiff); Nilofar Kahrobai (Plaintiff)

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  • 09/28/2016
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 09/28/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/27/2016
  • DocketSUMMONS

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  • 09/27/2016
  • DocketComplaint; Filed by >>>Ebrahim & Nilofar Kahrobai Trust dated (Plaintiff)

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  • 09/27/2016
  • DocketCOMPLAINT FOR: 1. FRAUD; ETC

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Tentative Rulings

Case Number: BC635436    Hearing Date: February 21, 2020    Dept: 74

BC635436 NILOFAR KAHROBAI ET AL VS HOTEL FUND LLC ET AL

Defendants’ Hotel Fund, LLC and KB Investment Partners III Motion to Expunge Lis Pendens

TENTATIVE RULING: The motion to expunge lis pendens is DENIED. The request for an undertaking is DENIED. The request for attorney fees is DENIED.

Requests for Judicial Notice

Plaintiff’s request for judicial notice is GRANTED. Evidence Code §452(c).

Defendant KB Investment Partners III’s motion for judicial notice is GRANTED. Evidence Code §452(d)(1).

Evidentiary Objections

Plaintiff’s evidentiary objections (Nos. 1-16) to the declaration of Yaniv Yasmeh are OVERRULED.

Plaintiff’s evidentiary objections (Nos. 1-16) to the declaration of Allan Lowy are OVERRULED.

Plaintiff’s evidentiary objections (Nos. 1-15) to the declaration of Ofer Kashanian are OVERRULED.

KB’s evidentiary objections (Nos. 1-32) to the declaration of Nilofar Kahrobai are OVERRULED.

KB’s evidentiary objections (Nos. 1-14) to the declaration of Bryan Mashian are OVERRULED.

Motion to Expunge Lis Pendens

The FAC states causes of action for cancellation of instrument, quiet title and fraudulent transfer (see ¶¶ 1, 26, 27, 35) and therefore contains real property claims.

“[T]he court shall order that the notice be expunged if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real property claim. The court shall not order an undertaking to be given as a condition of expunging the notice if the court finds the claimant has not established the probable validity of the real property claim.” CCP §405.32.

Plaintiff has standing to assert the claims stated in the FAC. Corporations Code §17709.02(a) provides: “No action shall be instituted or maintained in right of any domestic or foreign limited liability company by any member of the limited liability company unless both of the following conditions exist: [¶] (1) The plaintiff alleges in the complaint that the plaintiff was a member of record, or beneficiary, at the time of the transaction or any part of the transaction of which the plaintiff complains….[¶] (2) The plaintiff alleges in the complaint with particularity the plaintiff's efforts to secure from the managers the action the plaintiff desires or the reasons for not making that effort, and alleges further that the plaintiff has either informed the limited liability company or the managers in writing of the ultimate facts of each cause of action against each defendant or delivered to the limited liability company or the managers a true copy of the complaint that the plaintiff proposes to file.”

Plaintiff alleges she obtained a membership interest in the Soto Street Partners, LLC (the “LLC”) in 2009. (FAC ¶ 17.) Plaintiff alleges she still maintains a membership interest in the LLC. (FAC ¶ 18.) Thus, Plaintiff sufficiently alleges that she was a member of record at the time of the allegedly fraudulent deed was signed in May 2015. Thus, section 17709.02(a)(1) is satisfied.

Plaintiff further alleges she was married to and divorced from Ebrahim Kahrobaie and their property settlement was finalized on or about March 27, 2009. (FAC, ¶16.) In her declaration submitted in opposition to this motion, plaintiff states she and Ebrahim recorded the Property Settlement Agreement with the Los Angeles County Recorder’s office as Document #20090482101 on April 3, 2009. (Dec. of Nilofar Kahrobai, ¶11.) The Property Settlement Agreement, Schedule of Assets, Exhibit B, specified that the marital interest of Ebrahim and plaintiff in the 33.33% membership interests in Soto Street LLC was then plaintiff’s sole and separate property. (Dec. of Nilofar Kahrobai, ¶12.) Before Ebrahim and plaintiff executed the Property Settlement Agreement, in or about mid-February of 2009, Ebrahim and plaintiff advised Masoud and Joseph of the Property Settlement Agreement and in particular, that Ebrahim’s 33.3% interest in Soto Street LLC was now plaintiff’s separate property. (Dec. of Nilofar Kahrobai, ¶13.) Masoud was in attendance when plaintiff and Ebrahim signed the Property Settlement Agreement and, in addition, plaintiff advised Bruce, one of the managing members of Hotel Fund, of the fact that Ebrahim’s interest in Soto Street LLC was now her separate property as a result of the Property Settlement Agreement with Ebrahim. (Id.) In or around early April of 2009, plaintiff also gave Bruce an executed copy of the Property Settlement Agreement. (Id.) The FAC alleges plaintiff was never consulted, advised, or requested to approve of a transfer of a membership interest in Soto Partners, LLC to Hotel Fund. (FAC, ¶23.)

The court finds plaintiff has established by a preponderance of the evidence the probable validity of her real property claims. The motion to expunge lis pendens is DENIED. The request for an undertaking is DENIED. The request for attorney fees is DENIED.

Case Number: BC635436    Hearing Date: January 15, 2020    Dept: 74

BC635436 NILOFAR KAHROBAI ET AL VS HOTEL FUND LLC ET AL

Plaintiff’s Unopposed Motion to Compel Deposition of Yaniv Yasmeh and for Sanctions

TENTATIVE RULING: The motion is granted. Defendant Yaniv Yasmeh is to appear for deposition at a time and place designated by plaintiff within 15 days. Defendant is to pay plaintiff sanctions of $810 within 30 days.