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This case was last updated from Los Angeles County Superior Courts on 06/29/2019 at 00:01:59 (UTC).

VALENCIA GATEWAY RETAIL IV, LLC. VS. AMA CORP., ET AL.

Case Summary

On 06/23/2015 VALENCIA GATEWAY RETAIL IV, LLC filed a Contract - Other Contract lawsuit against AMA CORP . This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6453

  • Filing Date:

    06/23/2015

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiff

VALENCIA GATEWAY RETAIL IV LLC

Defendants

AMA CORP.

RESCIGNO MICHAEL

WALTER ANDREW

WOLTMAN ALEXANDER

INTERO REAL ESTATE SERVICES OF SANTA CLAR

Attorney/Law Firm Details

Plaintiff Attorney

PARK ERNIE ZACHARY

Defendant Attorneys

LAW OFFICES OF ERICK GARCIA

GARCIA HERNANDEZ ERICK G

 

Court Documents

Legacy Document

6/23/2015: Legacy Document

Proof of Service (not Summons and Complaint)

7/9/2015: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

7/9/2015: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

7/9/2015: Proof of Service (not Summons and Complaint)

Answer

7/22/2015: Answer

Notice Re: Continuance of Hearing and Order

1/14/2016: Notice Re: Continuance of Hearing and Order

Case Management Statement

2/9/2016: Case Management Statement

Legacy Document

5/27/2016: Legacy Document

Legacy Document

6/3/2016: Legacy Document

Legacy Document

9/7/2016: Legacy Document

Legacy Document

1/18/2017: Legacy Document

Witness List

11/13/2017: Witness List

Legacy Document

11/21/2017: Legacy Document

Legacy Document

1/4/2018: Legacy Document

Proof of Service (not Summons and Complaint)

3/28/2018: Proof of Service (not Summons and Complaint)

Legacy Document

4/3/2018: Legacy Document

Other -

4/4/2018: Other -

Notice

11/5/2018: Notice

114 More Documents Available

 

Docket Entries

  • 01/17/2019
  • Writ of Execution ((Los Angeles)); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 01/15/2019
  • Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 12/27/2018
  • Notice of Rejection - Post Judgment; Filed by Clerk

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  • 12/14/2018
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Taken Off Calendar by Court

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  • 12/14/2018
  • Minute Order ((HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)); Filed by Clerk

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  • 12/13/2018
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Advanced and Continued - by Court

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  • 12/12/2018
  • Notice (Notice of Taking Hearing Off Calendar re Continued Judgment Debtor Examination of Alexander Woltman); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 12/12/2018
  • Notice (Notice of Taking Hearing Off Calendar re Continued Judgment Debtor Examination of Michael Rescigno); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 12/06/2018
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Application for Order for Appearance and Examination - Held - Continued

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  • 12/06/2018
  • Minute Order ((HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATION)); Filed by Clerk

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146 More Docket Entries
  • 07/09/2015
  • Proof of Service (not Summons and Complaint); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 07/09/2015
  • Proof of Service (not Summons and Complaint); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 07/09/2015
  • Proof of Service (not Summons and Complaint); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 07/09/2015
  • Proof of Service (not Summons and Complaint); Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 07/09/2015
  • Declaration; Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 06/23/2015
  • Summons; Filed by null

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  • 06/23/2015
  • Complaint filed-Summons Issued; Filed by null

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  • 06/23/2015
  • Civil Case Cover Sheet; Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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  • 06/23/2015
  • Notice (of All Purpose Case Assignment and Notice of Case Management Conference); Filed by Clerk

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  • 12/12/1971
  • Response; Filed by VALENCIA GATEWAY RETAIL IV, LLC (Plaintiff)

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Tentative Rulings

Case Number: PC056453    Hearing Date: July 01, 2020    Dept: F47

Dept. F-47

Date: 7/1/20

Case #PC05653

MOTION FOR ORDER TO SHOW CAUSE RE CONTEMPT

Motion filed on 1/9/20.

MOVING PARTY: Plaintiff/Judgment Creditor Valencia Gateway Retail IV, LLC

RESPONDING PARTY: Third-Party RW Property Services, Inc. dba Berkshire Hathaway Home Services California (RW Property Services) and its officers and/or directors

RESPONDING PARTY: Julie McGowan agent for RW Property Services

RELIEF REQUESTED: An order determining that Julie McGowan, as agent for third-party, RW Property Services and as to RW Property Services and its officers and/or directors should be held in contempt of court for the following disobedience of this court’s prior orders:

McGowan’s failure to complete and return the Employer’s Return on a writ of execution (wage garnishment) served on her, on behalf of RW Property, in connection with the enforcement of the judgment against judgment debtors Michael Rescigno and Alexander Woltman.

RULING: The motion is denied.

This action arose out of a commercial lease with Plaintiff/Judgment Creditor as the landlord and Defendants/Judgment Debtors as the tenants. On 12/22/17, Plaintiff obtained a judgment against Defendants, including an award against Defendants Michael Rescigno and Alexander Woltman in the amount of $31,933.94. (See Park Decl. ¶5, Ex.1). The most recent Writ of Execution for Money Judgment was issued on 1/17/19. (Park Decl. ¶6, Ex.2).

On 3/1/19, wage garnishments were prepared by attorney Ernie Zachary Park and submitted with instructions and the required fees to the Los Angeles County Sheriff’s office, North Valley District. (Park Decl. ¶7, Ex.3).

On 3/8/19, Earnings Withholding Orders pertaining to Defendants Rescigno and Woltman, copies of the Writ of Execution, and the Employer’s Returns were served on RW Property Services, Inc. dba Berkshire Hathaway Home Services California (RW Property Services) based on information Rescigno and Woltman were employed at RW Property Services. (Park Decl. ¶8, Ex.4). Plaintiff’s attorney is informed that Julie McGowan is the HR Manager of RW Property Services. (Park Decl. ¶10).

Plaintiff has not received the Employer’s Return nor any response from RW Property Services or McGowan. (Park Decl. ¶¶9-13, Ex.5). As a result, Plaintiff requests, pursuant to CCP 1211(a), an order requiring McGowan and RW Property Services through its officers and directors be required to appear on behalf of the employer entity and show cause for the failure to respond thereto, or, in the alternative, that they be held on contempt.

By way of this motion, it is not clear if Plaintiff is requesting that the Court set an order to show cause for a future date why RW Property Services, through its offers and directors, and McGowan should not be held in contempt for failing to comply with the Earnings Withholding Orders pertaining to Rescigno and Woltman or if Plaintiff is seeking to have McGowan and RW Property Services show cause why they should not be held in contempt at the 7/1/20 hearing.

The moving document is titled as “Motion for Order to Show Cause Re Contempt as to Julie McGowan as Agent of Third Party RW Property Services Inc. and as to RW Property Services, Inc.” The body of the notice of motion indicates that Plaintiff is seeking an order determining that Julie McGowan, as agent for third-party, RW Property Services and as to RW Property Services and its officers and/or directors should be held in contempt of court for the following disobedience of this court’s prior orders: McGowan’s failure to complete and return the Employer’s Return on a writ of execution (wage garnishment) served on her, on behalf of RW Property, in connection with the enforcement of the judgment against judgment debtors Michael Rescigno and Alexander Woltman. Further, the declaration of attorney Park indicates that Plaintiff is seeking an order requiring McGowan and RW Property Services through its officers and directors be required to appear on behalf of the employer entity and show cause for the failure to respond thereto, or, in the alternative, that they be held on contempt. (See Park Decl. ¶14). Plaintiff has not submitted a proposed order indicating the exact relief sought in the motion.

An indirect contempt proceeding is commenced by the filing of an affidavit and a request for an order to show cause. Cedars-Sinai Imaging Medical Group (2000) 83 CA4th 1281, 1286 citing CCP 1211(a) and (b). After notice to the opposing party, if the Court is satisfied with the sufficiency of the affidavit, it must sign an Order to Show Cause Re: Contempt in which the date and time of the hearing are set forth. Id. citing CCP 1212. The Order to Show Cause acts as a summons to appear in court on a certain day and show cause why a certain thing should not be done. Id. Once an order to show cause is signed by the Court, unless the citee has concealed him/herself from the Court, he/she must be personally served with the affidavit and the order to show cause; otherwise, the Court lacks jurisdiction to proceed. Id. at 1286-1287. No Order to Show Cause was previously signed by the court in this case.

Even if Plaintiff is only seeking to have an order to show cause re: contempt set for RW Property Services and McGowan’s alleged failure to comply with the Earnings Withholding Orders pertaining to Rescigno and Woltman, the motion is denied. As noted above, notice of such request must be provided to the opposing party. Here, Plaintiff has filed proofs of service related to the original hearing date of 3/30/20 indicating that McGowan and attorney Eric Garcia, as agents for RW Property, were personally served with documents related to the hearing. (See Proofs of Service filed on 1/30/20). Thereafter, notice of the continuance of the hearing was mailed to McGowan and attorney Garcia. (See 3/20/20 Minute Order and Certificate of Mailing; Proof of Service filed 3/26/20). Neither McGowan nor RW Property Services are parties to this action; therefore, there are no addresses of record for them in the court file/eCourt. Additionally, it is unclear why attorney Garcia, counsel for defendants in this action, was served as an agent of RW Property Services. (See Park Decl. ¶13; Proof of Service filed 1/30/20). McGowan and RW Property Services should have been personally served with the notice of continuance.

In addition to the foregoing, Plaintiff has failed to establish that the issuance of an order to show cause is warranted. With regard to McGowan, it is not clear if Plaintiff is attempting to have her personally held in contempt as the relief requested is as agent for RW Property Services and this is how the motion was served on McGowan. Plaintiff’s counsel has also failed to establish that RW Property Services had proper notice of the Earnings Withholding Orders purportedly served on it. Without any supporting facts, Plaintiff’s counsel states that he is informed McGowan is the HR Manager for RW Property Services. (Park Decl. ¶10). However, McGowan was served with the Earnings Withholdings Orders and other documentation as “Office Manager, authorized to accept for RW Services, Inc. dba Berkshire Hathaway Home Services.” (See Park Decl., Ex.4, Ex.5). It is not clear that the Office Manager and HR Manager are one in the same and/or that McGowan would have authority to respond to/comply with the Earnings Withholding Orders on behalf of RW Property Services. The letter sent to McGowan by Plaintiff’s counsel on 4/22/19 concedes that Plaintiff is not certain that McGowan is the person at RW Property Services responsible for replying to the Earnings Withholding Orders. (Park Decl., Ex.5). Additionally, as noted above, it is not clear why attorney Garcia is assumed to be an agent for RW Property Services. Further, the motion seeks a determination against the unidentified officers and/or directors of RW Property Services without having provided them with notice of the motion.

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