On 04/22/2016 TERESIJA SIGMUND filed a Contract - Other Contract lawsuit against DARLINGTON VILLA HOME OWNERS ASSOCIATION. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Santa Monica Courthouse
Los Angeles, California
NANCY L. NEWMAN
III HARRY H. WILLIAMSON
WILLIAMSON HARRY H. III
DARLINGTON VILLA HOME OWNERS ASSOCIATION
DARLINGTON VILLAS HOMEOWNERS ASSOCIATION
SBS LIEN SERVICES
COHEN BARRY E.
FERRANTE JOSEPH M.
WOOD CARY L.
WOOD CARY L. ESQ
WILSON ESQ. JASON S.
KOLETSKY MANCINI FELDMAN & MORROW
GOWER RICHARD S.
LEWIS BRISBOIS BISGAARD & SMITH LLP
LUSSIER KEVIN R. VEATCH CARLSON LLP
HARTSUYKER. STRATMAN & WILLIAMS-ABREGO
LUSSIER KEVIN R.VEATCH CARLSONLLP
8/10/2016: Minute Order
12/6/2016: Notice of Ruling
4/12/2017: Minute Order
3/13/2018: Minute Order
5/23/2019: Minute Order
at 08:30 AM in Department P; Hearing on Motion to be Relieved as Counsel - Held - Motion GrantedRead MoreRead Less
Order (Granting Attorney's Motion to be Relieved as Counsel); Filed by TERESIJA SIGMUND (Defendant)Read MoreRead Less
Minute Order ( (Motion to be Relieved as Counsel for Defendant Teresija Sigmund)); Filed by ClerkRead MoreRead Less
Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by ClerkRead MoreRead Less
at 08:30 AM in Department P; Case Management Conference (Conference-Case Management; Trial Set) -Read MoreRead Less
at 08:30 am in Department WEP, Nancy L. Newman, Presiding; Conference-Case Management - Trial SetRead MoreRead Less
Civil DepositRead MoreRead Less
Receipt (CIVIL DEPOSIT $150.00 JURY FEES ); Filed by Plaintiff & Plaintiff In Pro PerRead MoreRead Less
Receipt; Filed by Teresija Sigmund (Plaintiff)Read MoreRead Less
Minute order entered: 2018-09-12 00:00:00; Filed by ClerkRead MoreRead Less
at 08:30 AM in Department P; Case Management Conference - Held - ContinuedRead MoreRead Less
at 08:30 am in Department WEP, Nancy L. Newman, Presiding; Conference-Case Management - Held-ContinuedRead MoreRead Less
Minute order entered: 2016-08-10 00:00:00; Filed by ClerkRead MoreRead Less
Complaint; Filed by Teresija Sigmund (Plaintiff)Read MoreRead Less
Notice; Filed by Teresija Sigmund (Plaintiff)Read MoreRead Less
Summons; Filed by PlaintiffRead MoreRead Less
Complaint FiledRead MoreRead Less
Notice (OF LIMITED SCOPE REPRESENTATION ); Filed by Attorney for PlaintiffRead MoreRead Less
Summons Filed; Filed by Attorney for PlaintiffRead MoreRead Less
Civil Case Cover SheetRead MoreRead Less
Case Number: SC125743 Hearing Date: January 27, 2021 Dept: P
Sigmund v. Darlington Villa Homeowners Ass’n., Inc. et al., Case No. SC125743
Hearing Date January 27, 2021
Ex Parte Application to Enforce Court Order
On December 17, 2020, after an evidentiary hearing, the court ordered plaintiff to allow defendant to enter her apartment to perform emergency repairs to prevent the leakage from plaintiff’s unit from causing a fire or other significant damage in the electrical room below her unit. Plaintiff has repeatedly refused to allow entry, despite numerous court appearances and representations to the court that she would allow access. Plaintiff has since appealed the court’s order. Defendant moves ex parte to enforce the order despite the pending appeal.
An injunction designed to restrain illegal conduct or halt a particular condition is prohibitory, not mandatory. Oliye v. Fox (2012) 211 Cal.App.4th 1036, 1048. A prohibitory injunction is not stayed by an appeal. City of Hollister v. Monterey Ins. Co. (2008) 165 Cal.App.4th 455, 482.
The order is prohibitory in nature. Though it requires plaintiff change ongoing conduct (ceasing to block access to her unit and bathroom in Unit 4A), the order’s overall effect is to restrain plaintiff from continuing to wrongfully prevent defendant from performing repairs necessary for the safety of plaintiff and her neighbors. As a prohibitory injunction, the order is not stayed by plaintiff’s appeal. The application is GRANTED.
At the hearing on January 25, 2021 the court requested defendant HOA to craft a more narrowly tailored order, granting access only to Unit 4A (not Unit 4, also owned by plaintiff) and its bathroom, so as to address some of plaintiff’s concerns, while still allowing repairs to the leak and protecting the building and its residents from the danger posed by a possible electrical fire. The court notes the independent expert appointed by the court opined the water damage from plaintiff’s unit posed a hazard. The plaintiff’s expert also opined water damage from plaintiff’s unit needed to be repaired, as well as repairs to the roof.
DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.
Case Number: SC125743 Hearing Date: July 14, 2020 Dept: P
Teresa Sigmund v. Darlington Villa et al., Case No. SC125743
Hearing Date July 14, 2020
Maria A. Giragossian’s Motion to be Relieved as Counsel for Teresija Sigmund
Counsel filed the required judicial council forms – MC050, MC051 and MC052. Counsel indicates she served her client personally and viaU.S. mail but has not filed a proof of service indicating the other parties were served. When a motion to be relieved as counsel is filed, California Rule of Court rule 3.1362(d) requires the notice of motion, motion, declaration, and proposed order be served on “all other parties who have appeared in the case.” The motion cannot be granted until service is completed.
Additionally, counsel does not clarify the nature of the “irreparable breach” in the attorney-client relationship that gives rise to this motion. The court will hold an in camera hearing via court call so that counsel can explain why this motion is being made after proof of service is provided.
The motion is CONTINUED pending a proof of service and scheduling of a virtual hearing date.
IN LIGHT OF THE ONGOING COVID-19 PANDEMIC, PARTIES ARE STRONGLY ENCOURAGED TO ATTEND ORAL ARGUMENTS VIA COURT CALL.
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