This case was last updated from Los Angeles County Superior Courts on 06/05/2019 at 03:58:20 (UTC).

TERESIJA SIGMUND VS DARLINGTON VILLA HOME OWNERS ASSOCIATION

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5743

  • Filing Date:

    04/22/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiffs, Defendants and Cross Defendants

SIGMUND TERESIJA

III HARRY H. WILLIAMSON

WILLIAMSON NANCY

WILLIAMSON HARRY H. III

BENNETT TRISH

DARLINGTON VILLA HOME OWNERS ASSOCIATION

WORTMAN NANCY

DARLINGTON VILLAS HOMEOWNERS ASSOCIATION

BENNETT TISHA

SBS LIEN SERVICES

Defendant and Cross Plaintiff

BENNETT TISHA

Other

JACOBS KAREN

Attorney/Law Firm Details

Plaintiff and Defendant Attorneys

COHEN BARRY E.

FERRANTE JOSEPH M.

WOOD CARY L.

WOOD CARY L. ESQ

WILSON ESQ. JASON S.

KOLETSKY MANCINI FELDMAN & MORROW

GOWER RICHARD S.

JACOBS KAREN

LEWIS BRISBOIS BISGAARD & SMITH LLP

LUSSIER KEVIN R. VEATCH CARLSON LLP

HARTSUYKER. STRATMAN & WILLIAMS-ABREGO

LUSSIER KEVIN R.VEATCH CARLSONLLP

 

Court Documents

Minute Order

8/10/2016: Minute Order

Notice of Ruling

12/6/2016: Notice of Ruling

Unknown

12/13/2016: Unknown

Unknown

4/7/2017: Unknown

Answer

4/12/2017: Answer

Minute Order

4/12/2017: Minute Order

Unknown

5/11/2017: Unknown

Unknown

7/12/2017: Unknown

Unknown

7/14/2017: Unknown

Unknown

8/9/2017: Unknown

Unknown

10/27/2017: Unknown

Unknown

11/2/2017: Unknown

Minute Order

3/13/2018: Minute Order

Unknown

3/13/2018: Unknown

Unknown

5/17/2018: Unknown

Answer

6/25/2018: Answer

Answer

7/3/2018: Answer

Minute Order

5/23/2019: Minute Order

113 More Documents Available

 

Docket Entries

  • 05/23/2019
  • at 08:30 AM in Department P; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted

    Read MoreRead Less
  • 05/23/2019
  • Order (Granting Attorney's Motion to be Relieved as Counsel); Filed by TERESIJA SIGMUND (Defendant)

    Read MoreRead Less
  • 05/23/2019
  • Minute Order ( (Motion to be Relieved as Counsel for Defendant Teresija Sigmund)); Filed by Clerk

    Read MoreRead Less
  • 11/16/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

    Read MoreRead Less
  • 09/12/2018
  • at 08:30 AM in Department P; Case Management Conference (Conference-Case Management; Trial Set) -

    Read MoreRead Less
  • 09/12/2018
  • at 08:30 am in Department WEP, Nancy L. Newman, Presiding; Conference-Case Management - Trial Set

    Read MoreRead Less
  • 09/12/2018
  • Civil Deposit

    Read MoreRead Less
  • 09/12/2018
  • Receipt (CIVIL DEPOSIT $150.00 JURY FEES ); Filed by Plaintiff & Plaintiff In Pro Per

    Read MoreRead Less
  • 09/12/2018
  • Receipt; Filed by Teresija Sigmund (Plaintiff)

    Read MoreRead Less
  • 09/12/2018
  • Minute order entered: 2018-09-12 00:00:00; Filed by Clerk

    Read MoreRead Less
291 More Docket Entries
  • 08/10/2016
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

    Read MoreRead Less
  • 08/10/2016
  • at 08:30 am in Department WEP, Nancy L. Newman, Presiding; Conference-Case Management - Held-Continued

    Read MoreRead Less
  • 08/10/2016
  • Minute order entered: 2016-08-10 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 04/22/2016
  • Complaint; Filed by Teresija Sigmund (Plaintiff)

    Read MoreRead Less
  • 04/22/2016
  • Notice; Filed by Teresija Sigmund (Plaintiff)

    Read MoreRead Less
  • 04/22/2016
  • Summons; Filed by Plaintiff

    Read MoreRead Less
  • 04/22/2016
  • Complaint Filed

    Read MoreRead Less
  • 04/22/2016
  • Notice (OF LIMITED SCOPE REPRESENTATION ); Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 04/22/2016
  • Summons Filed; Filed by Attorney for Plaintiff

    Read MoreRead Less
  • 04/22/2016
  • Civil Case Cover Sheet

    Read MoreRead Less

Tentative Rulings

Case Number: SC125743    Hearing Date: January 27, 2021    Dept: P

Tentative Ruling

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

 

Tentative Ruling

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.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where SBS LIEN SERVICES is a litigant

Latest cases represented by Lawyer COHEN BARRY E.

Latest cases represented by Lawyer GOWER RICHARD S.

Latest cases represented by Lawyer WILSON JASON S. ESQ.