On 07/28/2015 RAMI ALKALAY filed a Contract - Other Contract lawsuit against THUYANN NGO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is TERESA SANCHEZ-GORDON. The case status is Pending - Other Pending.
****9471
07/28/2015
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
TERESA SANCHEZ-GORDON
ALKALAY RAMI
DOES 1 THROUGH 10
DOES 1 TO 10
HERNANDEZ JUAN JOSE
NGO THUYANN
NUNO JUAN JOSE HERNANDEZ
STALLION NATURAL RESOURCES GROUP
STALLION NATURAL STONES LLC
STONELION GROUP LLC
HERNANDEZ JUAN JOSE AKA JUAN JOSE HERNANDEZ NUNO
PETER D. GORDON & ASSOCIATES
GAUMER CHRISTIE LEE ESQ.
GORDON PETER DAVID
MORRIS JAMES G. ESQ.
PHILHOWER KRISTEN H.
ANDRADE JAMES KIRBY
2/28/2018: Minute Order
4/10/2018: ORDER OVERRULING DEMURRER
4/20/2018: ANSWER OF CROSS-DEFENDANT RAMI ALKALAY TO SECOND AMENDED CROSS-COMPLAINT BY THUY NGO AND JUAN JOSE HERNANDEZ
10/23/2018: Motion to Be Relieved as Counsel
11/26/2018: Order Granting Attorney"s Motion to Be Relieved as Counsel-Civil
1/15/2019: Notice
7/28/2015: SUMMONS
8/27/2015: PROOF OF SERVICE SUMMONS
3/17/2016: Minute Order
6/7/2016: DECLARATION OF PETER D. GORDON RE: NOTICE OF EX PARTE APPLICATION AND AFFIDAVIT OF FAULT FOR MISSING DEFAULT JUDGMENT HEARING
7/25/2017: REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO SET ASIDE ENTRY OF DEFAULT AND JUDGMENT
8/2/2017: Summons on Cross Complaint
9/20/2017: Minute Order
9/29/2017: CROSS-DEFENDANTS' RAMI ALKALAY'S REPLY RE DEMURRER AND MOTION TO STRIKE CROSS-COMPLAINT'S THIRD CAUSE OF ACTION
10/16/2017: CROSS-COMPLAINANTS' FIRST AMENDED CROSS-COMPLAINT FOR DAMAGES FOR: 1. BREACH OF WRITTEN CONTRACT; ETC.
10/30/2017: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFFRENFNCE
11/9/2017: Minute Order
at 08:30 AM in Department 74; Hearing on Ex Parte Application (To Continue Trial, FSC and Related Dates) - Held - Motion Granted
Stipulation and Order (To Continue Trial, FSC and Related Dates); Filed by Rami Alkalay (Plaintiff)
Minute Order ( (Hearing on Ex Parte Application To Continue Trial, FSC and Re...)); Filed by Clerk
Ex Parte Application (To Continue Trial, FSC and Related Dates); Filed by Rami Alkalay (Plaintiff)
at 10:00 AM in Department 74; Jury Trial - Not Held - Continued - Party's Motion
at 08:31 AM in Department 74; Final Status Conference - Not Held - Continued - Party's Motion
at 08:30 AM in Department 74; Hearing on Ex Parte Application ( to Continue Trial Date) - Held
Minute Order ( (Hearing on Ex Parte Application to Continue Trial Date)); Filed by Clerk
Ex Parte Application (Ex Parte Application to Continue Trial Date); Filed by Thuyann Ngo (Defendant); Juan Jose Hernandez (Defendant)
Notice (Notice of Unavailability); Filed by Thuyann Ngo (Defendant); Juan Jose Hernandez (Defendant)
Proof-Service/Summons; Filed by Rami Alkalay (Plaintiff)
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
PROOF OF SERVICE SUMMONS
NOTICE OF CASE MANAGEMENT CONFERENCE
Notice of Case Management Conference; Filed by Clerk
COMPLAINT-CONTRACT
SUMMONS
Complaint; Filed by Rami Alkalay (Plaintiff)
Case Number: BC589471 Hearing Date: March 05, 2020 Dept: 74
BC589471 RAMI ALKALAY VS THUYANN NGO
Defendants/Cross-Complainants Thuy Ngo and Juan Jose Hernandez’ Motion to Enforce Settlement Agreement
TENTATIVE RULING: The motion is denied. Moving party to give notice.
The case has not been dismissed, and jury trial remains set for May 4, 2020.
The agreement is a complete settlement agreement which provides the extractor will be paid from the sales of the product. The contract proposed by the extractor requires a $300,000 deposit prior to beginning extraction of the product to pay for the product. It also requires the parties to pay for the product upon removal from the quarry. These terms are not in conformity with the settlement agreement.
The court finds that defendants have not fully performed under the settlement agreement. The complaint cannot be dismissed by the court at this time.