On 12/19/2016 VOSGAN MEKHITARIAN filed a Property - Other Property Fraud lawsuit against VARTAN MANOUKIAN. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are OTHER DISTRICT JUDGE, LAURA A. MATZ, RALPH C. HOFER and CURTIS A. KIN. The case status is Pending - Other Pending.
****6153
12/19/2016
Pending - Other Pending
Los Angeles County Superior Courts
Burbank Courthouse
Los Angeles, California
OTHER DISTRICT JUDGE
LAURA A. MATZ
RALPH C. HOFER
CURTIS A. KIN
MEKHITARIAN VOSGAN AN INDIVIDUAL
MEKHITARIAN VOSGAN
MANOUKIAN VARTAN AN INDIVIDUAL
SAMUEL GONZALES BOZO (DOE 2)
ARA KALFAYAN (DOE 1)
MANOUKIAN VARTAN
ARA KALFAYAN DOE 1
SAMUEL GONZALES BOZO DOE 2
STEPHEN BERNARD ESQ.
BERNARD STEPHEN
KENNEDY J. GRANT
LAW OFFICE OF MICHAEL MALAFOURIS
LAW OFFICES OF JOSEPH M. KAR
KAR JOSEPH MICHAEL
MALAFOURIS MICHAEL OWEN
12/4/2017: Legacy Document -
10/9/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES AND COSTS
10/15/2019: Notice - NOTICE OF NON-RECEIPT OF OPPOSITION TO POST-TRIAL MOTION FOR ATTORNEYS' FEES AND COSTS PER CCP SEC. 1038
8/13/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: STATEMENT OF DECISION)
8/13/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: STATEMENT OF DECISION) OF 08/13/2019
4/30/2019: Minute Order - MINUTE ORDER (NON-JURY TRIAL)
6/1/2018: Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION
9/17/2018: Minute Order - MINUTE ORDER ENTERED: 2018-09-17 00:00:00
2/19/2019: Notice - Notice Notice of Case Reassignment
2/8/2019: Notice of Rejection - Pleadings
1/28/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice
10/5/2018: Minute Order - Minute order entered: 2018-10-05 00:00:00
11/27/2018: Minute Order - Minute Order (Final Status Conference; Plaintiff's Motion to Continue Trial...)
11/14/2018: Objection - Objection to Notice of Motion and Motion to Continue Trial
5/19/2017: Minute Order - Minute order entered: 2017-05-19 00:00:00
12/15/2017: Minute Order - Minute order entered: 2017-12-15 00:00:00
5/17/2017: Legacy Document -
8/2/2017: Notice of Motion - AND MOTION TO STRIKE PORTIONS OF THE THIRD COMPLAINT; MEMORANDUM OF POINTS AN AUTHORITIES
Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Hearing on Motion for Attorney Fees - Held - Motion Denied
Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Non-Appearance Case Review (ReExhibits) - Held
DocketMinute Order ( (Hearing on Motion for Attorney Fees; Non-Appearance Case Revi...)); Filed by Clerk
DocketNotice (of non-receipt of opposition to post-trial motion for attorneys' fees and costs per CCP sec. 1038); Filed by Vartan Manoukian (Defendant)
Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Non-Appearance Case Review (ReExhibits) - Held - Continued
DocketMinute Order ( (Non-Appearance Case Review Re: Exhibits)); Filed by Clerk
DocketOpposition (PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES AND COSTS); Filed by Vosgan Mekhitarian (Plaintiff)
DocketSubstitution of Attorney; Filed by Vosgan Mekhitarian (Plaintiff)
DocketMemorandum of Costs (Summary); Filed by Vartan Manoukian (Defendant)
Docketat 3:05 PM in Department E, Curtis A. Kin, Presiding; Non-Appearance Case Review
DocketDeclaration; Filed by Vartan Manoukian (Defendant)
DocketDemurrer; Filed by Vartan Manoukian (Defendant)
DocketMotion to Strike (PORTIONS OF THE COMPLAINT ); Filed by Attorney for Defendant
DocketComplaint filed-Summons Issued
DocketSummons Filed
DocketComplaint filed-Summons Issued; Filed by null
DocketNotice of Case Management Conference
DocketCivil Case Cover Sheet
DocketNotice (Of order to show cause RE failure to comply with trial court delay reduction act)
DocketSummons; Filed by null
Case Number: EC066153 Hearing Date: November 15, 2019 Dept: E
MOTION FOR ATTORNEYS’ FEES
[CCP §1038]
Date: 11/15/19
Case: Vosgan Mekhitarian v. Varan Manoukian (EC 066153)
TENTATIVE RULING:
Defendant Vartan Manoukian’s Motion for Attorneys’ Fees and Costs is DENIED.
The Court notes defendant’s filing on October 15, 2019 of a Notice of Non-Receipt of Opposition to the Motion, but the Court takes notice that Plaintiff Vosgan Mekhitarian filed Plaintiff’s Opposition to Notice of Motion and Motion for Attorney’s Fees and Costs on October 9, 2019. It is not clear from plaintiff’s opposition, however, whether such opposition was actually served. The Proof of Service attached to the filed opposition states that “Plaintiff’s Objection to Judge’s Decision” was served on October 9, 2019. The Court has accordingly declined to consider the opposition.
As to the merits of defendant’s request, the Court finds that defendant has failed to establish that the statute relied upon, CCP § 1038, applies here. That statute applies to claims for “express or implied indemnity or for contribution” in a civil action where a defendant has been granted summary judgment, motion for directed verdict, motion for judgment under Section 631.8, or a nonsuit dismissing the moving party. In this case, the non-suit and directed verdict was directed only to the first cause of action for fraud, second cause of action for breach of contract, and third cause of action for breach of implied covenant of good faith and fair dealing. As to the fourth cause of action for equitable indemnity, the Court did not resolve that claim in defendant’s favor under any of the legal mechanisms set forth in CCP § 1038. Accordingly, the provisions of CCP § 1038 for an award of defense costs, including attorney’s fees, are not available to defendant here.