This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 08:03:17 (UTC).

PASQUALE ZAZA VS. MARIA NAGY

Case Summary

On 08/24/2015 PASQUALE ZAZA filed a Contract - Other Contract lawsuit against MARIA NAGY. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is DONNA FIELDS GOLDSTEIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4009

  • Filing Date:

    08/24/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DONNA FIELDS GOLDSTEIN

 

Party Details

Plaintiff

ZAZA PASQUALE

Defendants

GABORATORY INC. A CALIFORNIA CORPORATION

NAGY MARIA

GABORATORY INC A CALIFORNIA CORPORATION

THE ESTATE OF MARIA NAGY

Attorney/Law Firm Details

Plaintiff Attorneys

PACIFIC PINE LAW GROUP

WANG MAO

Defendant Attorneys

ROZSA THOMAS IGOR

NEMETH ZSOFIA L.

 

Court Documents

Notice and Acknowledgment of Receipt

7/10/2019: Notice and Acknowledgment of Receipt

Proof of Service by Mail

7/10/2019: Proof of Service by Mail

Memorandum

8/7/2019: Memorandum

Memorandum

8/7/2019: Memorandum

Request for Judicial Notice

8/7/2019: Request for Judicial Notice

Motion to Strike (not initial pleading)

8/7/2019: Motion to Strike (not initial pleading)

Proof of Personal Service

7/5/2018: Proof of Personal Service

Notice of Motion

7/26/2018: Notice of Motion

Declaration

7/26/2018: Declaration

Declaration

8/10/2018: Declaration

Notice of Ruling

9/10/2018: Notice of Ruling

Notice

11/5/2018: Notice

Notice of Ruling

11/9/2018: Notice of Ruling

Notice of Ruling

11/9/2018: Notice of Ruling

Notice of Case Reassignment and Order for Plaintiff to Give Notice

11/20/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Declaration

12/14/2018: Declaration

Other -

12/21/2018: Other -

Demurrer - with Motion to Strike (CCP 430.10)

2/28/2019: Demurrer - with Motion to Strike (CCP 430.10)

41 More Documents Available

 

Docket Entries

  • 09/24/2019
  • Hearingat 08:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Case Management Conference

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  • 09/20/2019
  • Hearingat 08:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 08/16/2019
  • Hearingat 08:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 08/09/2019
  • DocketReply (to Opposition to Defendant's Motion to Strike); Filed by The Estate of Maria Nagy (Defendant)

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  • 08/09/2019
  • DocketReply (to Opposition to Demurrer to the Third Amended Complaint); Filed by The Estate of Maria Nagy (Defendant)

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  • 08/09/2019
  • DocketReply (to Objections to Request for Judicial Notice); Filed by The Estate of Maria Nagy (Defendant)

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  • 08/07/2019
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by Gaboratory Inc, a California Corporation (Defendant)

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  • 08/07/2019
  • DocketMemorandum (Memorandum of Points and Authorities In Support of Defendant Gaboratory, Inc.'s Motion to Strike); Filed by Gaboratory Inc, a California Corporation (Defendant)

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  • 08/07/2019
  • DocketMotion to Strike (not initial pleading); Filed by Gaboratory Inc, a California Corporation (Defendant)

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  • 08/07/2019
  • DocketDeclaration (Declaration of Zsofia Nemeth In Support of Defendant Gaboratory, Inc.'s Demurrer to Plaintiff's Third Amended Complaint and In Support of Defendant Gaboratory, Inc.'s Motion to Strike); Filed by Gaboratory Inc, a California Corporation (Defendant)

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157 More Docket Entries
  • 12/07/2015
  • DocketRequest for Entry of Default / Judgment; Filed by Pasquale Zaza (Plaintiff)

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  • 12/07/2015
  • DocketRequest for Entry of Default / Judgment; Filed by Pasquale Zaza (Plaintiff)

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  • 12/07/2015
  • DocketProof of Service of Summons and Complaint; Filed by Pasquale Zaza (Plaintiff)

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  • 11/10/2015
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Advanced and Vacated

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  • 11/05/2015
  • DocketProof of Service of Summons and Complaint; Filed by Pasquale Zaza (Plaintiff)

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  • 10/21/2015
  • DocketProof of Service of Summons and Complaint; Filed by Pasquale Zaza (Plaintiff)

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  • 08/24/2015
  • DocketOSC-Failure to File Proof of Serv; Filed by Court

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  • 08/24/2015
  • DocketSummons; Filed by null

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  • 08/24/2015
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 08/24/2015
  • DocketNotice of Case Management Conference; Filed by Court

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Tentative Rulings

Case Number: EC064009    Hearing Date: October 25, 2019    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

pasquale zaza,

Plaintiff,

v.

the estate of maria nagy, et al.,

Defendants.

Case No.: EC064009

Hearing Date: October 25, 2019

[TENTATIVE] order RE:

motion to stay the proceedings as to gaboratory, inc.

BACKGROUND

  1. Operative Pleadings

    Plaintiff Pasquale Zaza (“Plaintiff”) alleges that he and Maria Nagy (“Nagy”, now deceased) were sole partners of Defendant Gaboratory Inc. (“Gaboratory”), a California corporation since March 7, 2001. Plaintiff alleges he entered into a partnership with Nagy’s deceased husband and formed Gaboratory. Plaintiff alleges he has a 49% share of Gaboratory and full ownership of Gaboratory’s trademark and jewelry design copyrights, while Nagy is a 51% shareholder. However, Plaintiff alleges by 2003, Nagy completely excluded Plaintiff from Gaboratory, started selling products to Asian markets, wrongfully converted the Gaboratory trademark into her name, and misrepresented to Plaintiff that Gaboratory was unprofitable.

The initial complaint and the first amended complaint named Maria Nagy as a defendant in the action. However, Nagy passed away in September 2017. Plaintiff then filed a motion for leave to file the SAC, substituting Nagy to the Estate of Maria Nagy. Defendant The Estate of Maria Nagy (“Estate”) demurred to the SAC, which the Court sustained with 20 days leave to amend.

The operative third amended complaint (“TAC”), filed January 8, 2019, alleges: (1) breach of contract against Estate; (2) fraud against Estate and Gaboratory; (3) conversion against Estate; and (4) accounting against Estate and Gaboratory.

On September 23, 2019, the Estate filed a cross-complaint against Zaza for: (1) declaratory relief of trademark and copyright ownership; (2) declaratory relief that the shareholder agreement is void and/or unenforceable; (3) breach of contract; (4) unfair business practice; (5) intentional interference with economic relations; (6) breach of fiduciary duty; and (7) accounting.

  1. Motion to Stay

    On September 16, 2019, the Estate filed a motion to stay the proceedings as to Gaboratory, Inc.

    The Court is not in receipt of an opposition brief.

    DISCUSSION

    The Estate moves for an order temporarily staying the proceeding as to Gaboratory on the ground that the Rozsa Law Group LC has been counsel for the Estate and Gaboratory, but that counsel has recently been advised that Gaboratory is in suspended status for nonpayment of taxes. (Rev. & Tax Code, §23301.) The Estate informs the Court that steps are being taken to reinstate Gaboratory as a California corporation in good standing so that Gaboratory may properly appear and defend itself in this action. The revival procedure is estimated to take about 6-8 weeks.

    The Estate argues that currently pending before the Court is Gaboratory’s demurrer to the TAC and a motion to strike, which are set to be heard on September 20, 2019. The Court notes that this motion for a stay was filed on September 16, 2019, and the Court already ruled on Gaboratory’s demurrer and motion to strike on September 20, 2019 on its merits. Thus, the only upcoming hearing dates is the hearing on this motion (October 25, 2019), the Final Status Conference (May 28, 2020), and the Jury Trial (June 15, 2020). Based on the future hearing dates currently set for this case, there are no motions reserved or scheduled in this action, much less by or against Gaboratory. In addition, there is sufficient time before the Final Status Conference and Jury Trial for Gaboratory to be revived based on counsel’s estimate.

    Thus, at this time, the Court denies without prejudice the motion to stay the proceedings as to Gaboratory.

    CONCLUSION AND ORDER

    The Estate’s motion for a stay of the proceeding as to Gaboratory is denied without prejudice.

    The Estate is ordered to provide notice of this order.