This case was last updated from Los Angeles County Superior Courts on 11/23/2020 at 11:12:11 (UTC).

ROBABEH AFSARI VS. ALEXANDER EVEREST, ET AL

Case Summary

On 12/23/2016 ROBABEH AFSARI filed a Contract - Other Contract lawsuit against ALEXANDER EVEREST. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judge overseeing this case is VIRGINIA KEENY. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4978

  • Filing Date:

    12/23/2016

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

VIRGINIA KEENY

 

Party Details

Plaintiffs

AFSARI ROBABEH

AFSARY ROBABEH

SAYYAD NASRIN

Defendants and Not Classified By Court

GME MATCH.COM INC.

DOES 1-50

EVEREST ALEXANDER

ALEXANDER EDWIN

MIRHOSSEINI SHERRY

KAPLAN INC.

EASY GME MADE

GMEMATCH.COM LLC

KAPLAN EDUCATIONAL CENTERS

GME CONSULTANTS

TEST PARTY FOR TRUST CONVERSION

MOUNTAIN RECOVERY LLC

Assignee and Not Classified By Court

MOUNTAIN RECOVERY LLC

Attorney/Law Firm Details

Plaintiff Attorneys

M. AZHAR ASADI

FLECK DAVID LORENZO

Defendant Attorneys

AMES SCOTT ROBERT

RUBIN MICHAEL PHILIP

STUART JOSLYN BETH

GOLD KATE SCHNEIDER

PAPAZIAN ARMEN F.

Assignee Attorney

SHEM-TOV SHALEM

 

Court Documents

Proof of Service by Mail

7/16/2020: Proof of Service by Mail

Request for Judicial Notice

7/17/2020: Request for Judicial Notice

Memorandum of Points & Authorities

7/17/2020: Memorandum of Points & Authorities

Declaration - DECLARATION DECLARATION OF DEFENDANT ALEXANDER EVEREST'S IN SUPPORT OF MOTION TO SET ASIDE JUDGMENT AND TO GRANT NEW TRIAL

7/17/2020: Declaration - DECLARATION DECLARATION OF DEFENDANT ALEXANDER EVEREST'S IN SUPPORT OF MOTION TO SET ASIDE JUDGMENT AND TO GRANT NEW TRIAL

Substitution of Attorney

7/10/2020: Substitution of Attorney

Notice of Intent to Move for New Trial

7/10/2020: Notice of Intent to Move for New Trial

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER MOTION FOR CHARGING ORDER)

10/28/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER MOTION FOR CHARGING ORDER)

Opposition - OPPOSITION DEFENDANT ALEXANDER EVEREST'S OPPOSITION TO MOTION FOR CHARGING ORDER

10/15/2020: Opposition - OPPOSITION DEFENDANT ALEXANDER EVEREST'S OPPOSITION TO MOTION FOR CHARGING ORDER

Request for Entry of Default / Judgment

3/30/2017: Request for Entry of Default / Judgment

Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

4/3/2017: Legacy Document - LEGACY DOCUMENT TYPE: DEFAULT ENTERED

Minute Order - MINUTE ORDER ENTERED: 2017-07-20 00:00:00

7/20/2017: Minute Order - MINUTE ORDER ENTERED: 2017-07-20 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

10/12/2017: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

3/16/2018: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Complaint -

8/27/2018: Complaint -

Declaration -

9/21/2018: Declaration -

Reply - Reply To Opposition To Demurrer To Second Amended Complaint

11/19/2018: Reply - Reply To Opposition To Demurrer To Second Amended Complaint

Minute Order - Minute Order (Ruling on Submitted Matter)

11/30/2018: Minute Order - Minute Order (Ruling on Submitted Matter)

Memorandum of Costs (Summary)

1/28/2019: Memorandum of Costs (Summary)

149 More Documents Available

 

Docket Entries

  • 01/13/2021
  • Hearing01/13/2021 at 13:30 PM in Department W at 6230 Sylmar Ave., Van Nuys, CA 91401; Hearing on Application for Order for Appearance and Examination

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  • 11/20/2020
  • DocketWrit of Execution ((Los Angeles)); Filed by Mountain Recovery, LLC (Assignee)

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  • 11/20/2020
  • DocketWrit of Execution ((Los Angeles)); Filed by Mountain Recovery, LLC (Assignee)

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  • 11/19/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Mountain Recovery, LLC (Assignee)

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  • 11/19/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Mountain Recovery, LLC (Assignee)

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  • 11/19/2020
  • DocketWrit - Return; Filed by Mountain Recovery, LLC (Assignee)

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  • 11/09/2020
  • Docketat 1:30 PM in Department W, Virginia Keeny, Presiding; Hearing on Application for Order for Appearance and Examination - Held - Continued

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  • 11/09/2020
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examination)); Filed by Clerk

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  • 10/28/2020
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Hearing on Motion - Other (Motion for Charging Order) - Held - Motion Denied

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  • 10/28/2020
  • DocketMinute Order ( (Hearing on Motion - Other Motion for Charging Order)); Filed by Clerk

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210 More Docket Entries
  • 03/30/2017
  • DocketRequest for Entry of Default / Judgment; Filed by Robabeh Afsary (Plaintiff)

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  • 03/30/2017
  • DocketRequest for Entry of Default / Judgment; Filed by Robabeh Afsary (Plaintiff)

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  • 03/30/2017
  • DocketNotice of Rejection Default/Clerk's Judgment (Section 6B Defective.); Filed by Clerk

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  • 03/08/2017
  • DocketProof of Service of Summons and Complaint; Filed by Robabeh Afsary (Plaintiff)

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  • 03/08/2017
  • DocketProof of Service of Summons and Complaint; Filed by Robabeh Afsary (Plaintiff)

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  • 01/20/2017
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Robabeh Afsary (Plaintiff)

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  • 12/23/2016
  • DocketCivil Case Cover Sheet; Filed by Robabeh Afsary (Plaintiff); Nasrin, Sayyad (Plaintiff)

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  • 12/23/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/23/2016
  • DocketSummons; Filed by Robabeh Afsary (Plaintiff)

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  • 12/23/2016
  • DocketComplaint; Filed by Robabeh Afsary (Plaintiff); Nasrin, Sayyad (Plaintiff)

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Tentative Rulings

Case Number: LC104978    Hearing Date: October 28, 2020    Dept: W

AFSARI V. EVEREST, ET AL.

MOTION FOR CHARGING ORDER

Date of Hearing: October 28, 2020 Trial Date: N/A

Department: W Case No.: LC104978

Moving Party: Assignee of Record Mountain Recovery, LLC

Responding Party: Defendant Alexander Everest

Notice: Proper

BACKGROUND

Plaintiff Robabeh Afsary is a foreign trained physician who is in the process of obtaining a California medical license. In order to facilitate her search for an appropriate program, Plaintiff contacted Defendant GME. Plaintiff alleges that Defendant Alexander Everest, an agent and employee of GME, personally assured Plaintiff that GME would find a suitable residency program within a reasonable time.

Afsary alleges that on December 14, 2014, Plaintiff and GME entered into a written Agreement (“Agreement”) whereby GME promised to assist Plaintiff in exchange for $15,000.00 upon signing the Agreement, $20,000.00 payment for seven (7) hours of preparation, and $130,000.00 upon acceptance to a residency found by GME. The Agreement was amended on February 1, 2016. The amended Agreement required Plaintiff to pay $72,000.00 upon signing the amendment. Plaintiff paid GME $107,000.00 in accordance with the Agreement.

Plaintiff alleges that GME was not able to find any program for her. In June 2016, Plaintiff requested a refund of $72,000.00 in accordance with the amended Agreement. Plaintiff alleged that Defendants have refused and have been refusing to honor the Agreement with Plaintiff.

In an uncontested bench trial, judgment was entered in Plaintiff’s favor and against Defendant Everest on October 18, 2019.

[TENTATIVE] RULING:

Assignee of Record Mountain Recovery, LLC’s Motion for Charging Order is DENIED.

OBJECTIONS

Defendant Everest objects to several paragraphs and exhibits of Mountain Recovery, LLC’s Counsel’s Declaration including Paragraph 4, Exh. C; Paragraph 4, Exh. D; Paragraph 4, Exh. E; Paragraph 4, Exh. F; Paragraph 4, Exh. G; and Paragraph 4, Exh. H.

Plaintiff did not submit a request for judicial notice, as required for the court to consider the various attachments. As most appear on their face to be public records, it is likely that the court would take judicial notice of such documents. However, Evid. Code §455 does not allow the court to take judicial notice sua sponte of these records without the court permitting the opposing party an opportunity to object and the reasons for the objection at the hearing. The court withholds ruling on these objections as they pertain to request for judicial notice.

ANALYSIS

Assignee of Record Mountain Recovery, LLC moves for an order charging the following LLC and LP interests of Judgment Debtor, Alexander Everest, with the full amount of the judgment on file in this action: AGAPE RECOVERY CENTERS, LLC; EVEREST & ALEXANDER, LLC; BEST DETOX, LLC; PACIFICARE HOLDINGS, LLC; NEW LIFE TREATMENT AND RECOVERY CENTER, LLC; and BEST CARE SYSTEMS, LP on the grounds that Mountain Recovery, LLC is the assignee of record of Plaintiff and Judgment Creditor herein and as such, has a judgment against Defendant Everest as judgment debtor in the amount of $650,500 (excluding post-judgment interest). Mountain Recovery, LLC contends Mr. Everest holds interests in the above listed LLC’s and LP and judgment creditor is permitted to charge such interests with the subject judgment as a precursor to foreclosure of same.

Code of Civil Procedure section §708.310 provides as follows: “If a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor's interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor's interest pursuant to Section 15673, 16504, or 17302 of the Corporations Code.”

Corporations Code §17302 provides, in pertinent part, as follows:

(a) On application by a judgment creditor of a member or of a member's assignee, a court having jurisdiction may charge the assignable membership interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of the share of the distributions due or to become due to the judgment debtor in respect to the limited liability company and may make all other orders, directions, accounts, and inquiries that the judgment debtor might have made or that the circumstances of the case may require.

(b) A charging order constitutes a lien on the judgment debtor's assignable membership interest. The court may order a foreclosure on the membership interest subject to the charging order at any time. The purchaser at the foreclosure sale has the rights of an assignee.

Mountain Recovery, LLC has failed to show Defendant Everest and all members and partners of the LLCs and LPs were properly and timely served with the instant motion. Mountain Recovery, LLC filed a proof of service showing Defendant Everest was served with the instant motion, via electronic mail, on September 29, 2020. However, Mountain Recovery, LLC failed to submit a proof of service showing Defendant Everest and the members/partners of the LLC’s and LP’s were personally served with the instant motion. Code of Civil Procedure section §708.320(a) provides, as follows: “A lien on a judgment debtor’s interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and either of the following: (1) All partners or the partnership. (2) All members or the limited liability company.” (Emphasis Added). Judgment Creditor did not submit a proof of service showing the instant motion was timely and properly served on all members or the limited liability companies. Moreover, “[s]ervice of the notice of motion as prescribed by the EJL creates a lien on the debtor's partnership or LLC interest (¶ 6:1472). The partnership or LLC should be personally served and proof of service filed with the court.” (7. [6:1465] Charging Orders Against Debtor Partnership/LLC Interests:, Cal. Prac. Guide Enf. J. & Debt Ch. 6G-7.)

Based on the foregoing, Assignee of Record Mountain Recovery, LLC’s Motion for Charging Order is DENIED without prejudice.