This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 00:02:28 (UTC).

PAULINE E. MCGEE VS VLADIMIR BOGDANOV TOMALEVSKI, ET AL.,

Case Summary

On 06/06/2016 PAULINE E MCGEE filed a Property - Other Real Property lawsuit against VLADIMIR BOGDANOV TOMALEVSKI, . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5961

  • Filing Date:

    06/06/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiffs

MCGEE PAULINE E.

THE MCGEE FAMILY TRUST

JOSEPH MCGEE SUCCESSOR TRUSTEE OF THE

Defendants

THE ROBERT B CONEMAC LIVING TRUST U/A

THE VLADIMIR AND LUBA TOMALEVSKI TRUST

TOMALEVSKI VLADIMIR BOGDANOV

TOMAKEVSKA LUBA OGNIANOVA

THE ROBERT B. NONEMACK LIVING TRUST U/A

CONEMAC DONALD A.

Attorney/Law Firm Details

Plaintiff Attorney

SOMERS RICHARD B.

Defendant Attorney

LYDEN & JACKSON

 

Court Documents

Unknown

10/14/2016: Unknown

Minute Order

10/26/2016: Minute Order

Request for Judicial Notice

9/27/2017: Request for Judicial Notice

Proof of Service (not Summons and Complaint)

11/8/2017: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

11/13/2017: Proof of Service (not Summons and Complaint)

Exhibit List

1/3/2018: Exhibit List

Unknown

4/9/2018: Unknown

Minute Order

10/25/2018: Minute Order

 

Docket Entries

  • 05/02/2019
  • Stipulation and Order for Settlement of Action with Reservation of Jurisdiction Pursuant to Code of Civil Procedure 664.6; Filed by The McGee Family Trust Dated April 17, 97 (Plaintiff); JOSEPH MCGEE, SUCCESSOR TRUSTEE OF THE (Plaintiff); Vladimir Bogdanov Tomalevski (Defendant) et al.

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  • 04/09/2019
  • at 08:30 AM in Department P; Post-Settlement Status Conference - Held

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  • 04/09/2019
  • Minute Order ( (Post-Settlement Status Conference)); Filed by Clerk

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  • 02/21/2019
  • Notice of Ruling; Filed by Vladimir Bogdanov Tomalevski (Defendant); Luba Ognianova Tomakevska (Defendant)

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  • 02/08/2019
  • at 10:00 AM in Department P; Status Conference - Held

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  • 02/08/2019
  • Minute Order ( (Status Conference re: settlement)); Filed by Clerk

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  • 02/01/2019
  • at 09:00 AM in Department P; Status Conference - Held - Continued

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  • 02/01/2019
  • Minute Order ( (Status Conference re: Settlement)); Filed by Clerk

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  • 01/25/2019
  • Brief (Defendants' Brief re Enforceable Terms of Settlement); Filed by Vladimir Bogdanov Tomalevski (Defendant); Luba Ognianova Tomakevska (Defendant); The Vladimir and Luba Tomalevski Trust (Defendant)

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  • 01/24/2019
  • Brief (McGee's Brief In Support of Stipulation and Order for Settlement of Action Pursuant to the Court's Reservation of Jurisdiction ( CCP Section 664.6)); Filed by JOSEPH MCGEE, SUCCESSOR TRUSTEE OF THE (Plaintiff)

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163 More Docket Entries
  • 07/22/2016
  • Cross-Compl fld- No Summons Issued; Filed by Attorney for Defendant

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  • 07/22/2016
  • Cross-Compl fld- No Summons Issued; Filed by Vladimir Bogdanov Tomalevski (Defendant); Luba Ognianova Tomakevska (Defendant); The Vladimir and Luba Tomalevski Trust (Defendant)

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  • 07/22/2016
  • Answer; Filed by Vladimir Bogdanov Tomalevski (Defendant); Luba Ognianova Tomakevska (Defendant); The Vladimir and Luba Tomalevski Trust (Defendant)

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  • 07/22/2016
  • Answer; Filed by Vladimir Bogdanov Tomalevski (Defendant); Luba Ognianova Tomakevska (Defendant)

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  • 07/22/2016
  • Answer; Filed by Attorney for Defendant

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  • 07/22/2016
  • Cross-Complaint; Filed by Vladimir Bogdanov Tomalevski (Defendant); Luba Ognianova Tomakevska (Defendant); The Vladimir and Luba Tomalevski Trust (Defendant)

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  • 06/06/2016
  • Complaint; Filed by Pauline E. McGee (Plaintiff); The McGee Family Trust Dated April 17, 97 (Plaintiff); JOSEPH MCGEE, SUCCESSOR TRUSTEE OF THE (Plaintiff)

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  • 06/06/2016
  • Summons; Filed by Plaintiff

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  • 06/06/2016
  • Complaint Filed

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  • 06/06/2016
  • Summons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: SC125961    Hearing Date: August 26, 2020    Dept: P

  

Tentative Ruling

Pauline McGee v. Vladimir Bodganov Tomalevski et al., Case No. SC125961

Hearing Date 8/26/2020

Plaintiff’s Motion to Extend Date to Comply with Settlement Agreement

Plaintiff was cited by the Los Angeles County Department of Regional Planning for an illegal and decaying deck. As part of the deck encroached on defendants’ property, plaintiff filed an action for prescriptive and equitable easement. Defendants cross-complained for nuisance and trespass.

The parties’ settlement agreement required plaintiff to obtain permits and begin construction required to bring the deck up to code within one year of the agreement’s recordation. The court retained jurisdiction to enforce the agreement under Cal. Code of Civ. Proc. §664.6. Plaintiff attempted to comply with the settlement obligations and seeks a four-month extension of the deadline to obtain the permits and begin construction. Defendants argue plaintiff has delayed unreasonably and the deck poses an ongoing nuisance and danger.

Plaintiff’s timeline (Exh. A to the reply), indicates Joseph McGee acted diligently to comply with the settlement obligations, including hiring various engineers and submitting permit requests. Failure to obtain the permit is excusable. There is no evidence of prejudice if the requested extension is granted. Defendants’ argument that the deck poses a nuisance or danger is outside the scope of this motion, which seeks only an extension of time to obtain building permits. GRANTED.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE STRONGLY ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY. LA COURT CONNECT IS AVAILABLE.