On 12/20/2013 PEYMAN BALAKHANE filed a Contract - Other Contract lawsuit against MORIS SAKHAI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RICHARD E. RICO, MEL RED RECANA and JON R. TAKASUGI. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
RICHARD E. RICO
MEL RED RECANA
JON R. TAKASUGI
L.A. FASHION HUB INC
CALIFORNIA CAPITAL VENTURE INC
CALIFORNIA CAPITAL VENTURE INC.
CALIFORNIA CAPITAL VENTURE INC
RODRIGUEZ STEVEN L. ESQ.
NORTHFIELD INSURANCE COMPANY
NATIONWIDE MUTUAL INSURANCE COMPANY
L.A. TRIAL LAWYERS INC
WOOD SMITH HENNING & BERMAN LLP
ROSS JONATHAN A. ESQ.
FREEBURG STEVEN J. ESQ.
PARKER MILLS LLP
OMOKO GEORGE EMEKA
LAW SAHAR MALEK
ESCANDARI ALEXANDER H.
SLAUGHTER YOLANDA ANNETTE
KITA MATTHEW J.
1/4/2018: DECLARATION OF STEVEN J. FREEBURG IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLALNTIFFS/CROSS-DEFENDANTS' MOTION IN LIMINE #7
1/10/2018: DEFENDANTS' REPLY IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO.19
1/10/2018: DEFENDANTS' REPLY IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO.22
1/10/2018: REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE NO.25 TO EXCLUDE NON-PARTY WITNESSES FROM THE COURTROOM WHILE NOT TESTIFYING
1/10/2018: REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS MORIS SAKHAI, NAZIAR AZADEGAN, AND CALIFORNIA CAPITAL VENTURE INC.'S MOTION IN LIMINE NO.7 TO PRECLUDE EVIDENCE OF OR REFERENCE TO ALLEGED STATEMENTS BY MORIS
2/27/2020: Substitution of Attorney
3/4/2014: Minute Order -
3/19/2015: NOTICE OF MOTION AND MOTION FOR ORDER GRANTING LEAVE TO AMEND COMPLAINT; SUPPORTING DECLARATIONS OF ALEXANDER H. ESCANDARI AND PEYMAN BALAKHANE;ETC.
6/8/2015: DEFENDANT MORIS SAKAI'S REPLY TO PLAINTIFFS' RESPONSE TO SEPARATE STATEMENT OF FORM INTERROGATORIES AND RESPONSES IN DISPUTE
8/10/2015: CR0 SS-DEFENDANTS PEYMAN BALAKHANE, PEJMAN BALAKHANE AND L.A. FASHION HUB INC.'S ANSWER TO CROSS-COMPLAINANT MORIS SAKHAI'S FIRST AMENDED CROSS-COMPLAINT
9/25/2015: PLAINTIFF MORIS SAKHAI'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET THREE, PROPOUNDED UPON DEFENDANT PEYNAN BALAKHANE; ETC
9/25/2015: SEPARATE STATEMENT OF REQUESTS AND RESPONSES IN SUPPORT OF PLAINTIFF MORIS SAKHAI'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET THREE, PROPOUNDED UPON DEFENDANT PEYMAN BALAKHANE
12/16/2015: TENTATIVE RULING 1. MOTION TO COMPEL COMPLIANCE WITH SUBPOENA 2. MOTION TO COMPEL FURTHER RFP
1/29/2016: SEPARATE STATEMENT OF REQUESTS AND RESPONSES IN SUPPORT OF PLAINTIFF MORIS SAKHAI'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET THREE, PROPOUNDED UPON DEFENDANT PEYMAN BALAKHANE
9/14/2016: PLAINTIFF MORIS SAKHAI'S REPLY TO OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET FIVE, PROPOUNDED UPON DEFENDANT PEYMAN BALAKHANE
10/27/2016: NOTICE OF RULING ON MORIS SAKHAI'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET SIX, PROPOUNDED UPON DEFENDANT PEYMAN BALAKHANE
8/2/2017: NOTICE OF RULING AT EX PARTE: PLAINTIFF'S EX PARTE APPLICATION TO SHORTEN TIME TO HEAR MOTION TO COMPEL THE ATTENDANCE OF PATTY TAMYO [AKA PATTY TAMMYO] AT DEPOSITION AND FOR THE IMPOSITION OF MONETAR
9/13/2017: PLAINTIFFS' OBJECTION TO DECLARATION OF ROBERT A. CROOK IN SUPPORT OF DEFENDANTS' REPLY MEMORANDUM
Hearing06/03/2021 at 10:00 AM in Department 17 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Attorney FeesRead MoreRead Less
DocketAppeal - Notice Court Reporter to Prepare Appeal Transcript (;B307271, NA 8/17/20;); Filed by ClerkRead MoreRead Less
DocketMotion for Attorney Fees; Filed by California Capital Venture, Inc. (Defendant); Moris Sakhhai (Defendant); Naziar Azadegan (Legacy Party)Read MoreRead Less
DocketRequest for Judicial Notice; Filed by California Capital Venture, Inc. (Defendant); Moris Sakhhai (Defendant); Naziar Azadegan (Legacy Party)Read MoreRead Less
DocketAppeal - Reporter Appeal Transcript Process Fee Paid; Filed by Moris Sakhhai (Appellant)Read MoreRead Less
DocketAppeal - Remittitur - Affirmed (B294837); Filed by ClerkRead MoreRead Less
DocketAppellate Order Granting Relief from Default (NHOA: 8/17/20-U1 B307271); Filed by ClerkRead MoreRead Less
DocketNotice of Change of Address or Other Contact Information; Filed by Ray Tamaddon (Attorney)Read MoreRead Less
DocketAppeal - Notice of Non-Compliance (NOA:8/17/20- U1 B307271); Filed by ClerkRead MoreRead Less
DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103 ("U1"); Filed by California Capital Venture, Inc. (Appellant); Naziar Azadegan (Appellant); Moris Sakhhai (Appellant)Read MoreRead Less
DocketDemurrer; Filed by Naziar Azadegan (Legacy Party)Read MoreRead Less
DocketNOTICE OF HEARING ON DEMURRER OF DEFENDANT NAZYAR AZADEGAN TO COMPLAINT OF PLAINTIFFSRead MoreRead Less
DocketNOTICE OF HEARING ON DEMURRER OF DEFENDANT MORIS SAKHAI TO COMPLAINT OF PLAINTIFFSRead MoreRead Less
DocketDemurrer; Filed by Moris Sakhhai (Defendant)Read MoreRead Less
DocketNotice of Hearing; Filed by Moris Sakhhai (Defendant)Read MoreRead Less
DocketDemurrer; Filed by California Capital Venture, Inc. (Defendant)Read MoreRead Less
DocketNOTICE OF HEARING ON DEMURRER OF DEFENDANT CALIFORNIA CAPITAL VENTURE INC. TO COMPLAINT OF PLAINTIFFSRead MoreRead Less
DocketComplaint; Filed by nullRead MoreRead Less
DocketCOMPLAINT FOR DAMAGES: 1. BREACH OF ORAL CONTRACT; ETCRead MoreRead Less
DocketSUMMONSRead MoreRead Less
Case Number: BC531321 Hearing Date: June 26, 2020 Dept: 17
County of Los Angeles
PEYMAN BALAKHANE, et al.
MORIS SAKHAI, et al.
Case No.: BC531321
Hearing Date: June 26, 2020
Defendants’ motion to set aside judgment is DENIED.
On April 13, 2018, Plaintiffs Peyman and Pejman Balakhane Moris Sakhai, Nazyar Azadegan, and California Capital Ventures, Inc. (collectively, Defendants), alleging: 1-2) fraudulent transfer; 3-4) fraud; 5) conspiracy to commit fraud; and 6) declaratory relief.
On July 11, 2018, the Court ordered the instant action related with BC701875.
The instant action settled on February 2, 2018.
Defendants now move to vacate this Court’s orders of March 5, 2018, March 14, 2018, and March 29, 2018, releasing Nationwide Insurance Company and Northfield Insurance Company from the action.
This case arose out of a business dispute. Plaintiffs and Defendants settled the case in open court on February 2, 2018. Defendants agreed to pay a total settlement to the Plaintiffs in the amount of $750,000. The settlement agreement included a policy release, wherein Defendants’ insurers would fund a portion of the settlement after they obtained a full policy release from the Defendants.
Defendants bring this motion pursuant to CCP section 473, subdivision (d) which provides:
The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.
Defendants also move pursuant to CCP section 664.6 Pursuant to CCP § 664.6, if parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. The purpose of § 664.6 is to permit a court, via a summary proceeding, to finally dispose of an action when the existence of the agreement or the terms of the settlement are subject to reasonable dispute. (Corkland Boscoe Skulnick
Defendants argue, “Notwithstanding that Nationwide and Northfield were not parties to the consolidated action, and that no carrier was a party to the consolidated action, and that further notwithstanding that there was no record of any party agreeing for the Court to retain jurisdiction to enforce the settlement, Hon. Richard E. Rico, concluded without jurisdiction that: “The court will enforce that part of the agreement granting the carrier a full policy release on the condition that it forward the agreed upon proceeds forthwith to Plaintiffs.” (Motion, 11: 6-16.) In other words, Defendants argue that this Court improperly retained jurisdiction over the settlement agreement in the instant action, and therefore improperly dismissed non-parties Nationwide and Northfield from the action without jurisdiction to do so.
In support of its argument that this Court has no jurisdiction to enforce the settlement agreement, Defendants argue that “no attorney, nor party, nor carrier or insurer, or attorney for the carrier or insurer, ever gave on the record a stipulation for the Court to retain jurisdiction to enforce the settlement purportedly made pursuant to CCP section 6446.” (Motion, 23: 10-16.) Rather, Defendants argue that only the Honorable Richard E. Rico stipulated to such jurisdiction stating, “All right. The Court accepts the settlement agreement. The Court will retain jurisdiction under 664.6 to settle the matter.” (Motion, 23:21-23.)
However, “[w]here a settlement agreement provides the court may retain jurisdiction to enforce the settlement, but the dismissal fails to provide for retained jurisdiction, plaintiff’s remedy is to¿move to vacate or modify the dismissal¿under¿CCP § 473(b).” Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2017).) Here, however, Defendants have moved pursuant to CCP section 473, subdivision (d), which concerns clerical mistakes in entering a judgment. Defendants have presented no evidence that a clerical error was made in entering this judgment.
Based on the arguments advanced in their brief, it appears that Defendants may have intended to avail themselves of CCP section 473, subdivision b, which provides relief from judgments issued through mistake, inadvertence, surprise, or excusable neglect. However, CCP section 473, subdivision (b) provides:
(b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.
If such is the case, the orders here were issued on March 5, 2018, March 14, 2018, and March 29, 2018—over two years ago. Accordingly, the instant motion would appear to be untimely under CCP section 473, subdivision (b).
Based on the foregoing, Defendants’ motion to void this Court’s March 5, May 14, and March 29 orders is denied.
It is so ordered.
Dated: June 26, 2020
Hon. Jon R. Takasugi
Superior Court Judge
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