This case was last updated from Los Angeles County Superior Courts on 03/15/2020 at 10:19:12 (UTC).

VOSGAN MEKHITARIAN VS. VARTAN MANOUKIAN

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6153

  • Filing Date:

    12/19/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OTHER DISTRICT JUDGE

LAURA A. MATZ

RALPH C. HOFER

CURTIS A. KIN

 

Party Details

Plaintiffs

MEKHITARIAN VOSGAN AN INDIVIDUAL

MEKHITARIAN VOSGAN

Defendants

MANOUKIAN VARTAN AN INDIVIDUAL

SAMUEL GONZALES BOZO (DOE 2)

ARA KALFAYAN (DOE 1)

MANOUKIAN VARTAN

ARA KALFAYAN DOE 1

SAMUEL GONZALES BOZO DOE 2

Attorney/Law Firm Details

Plaintiff Attorneys

STEPHEN BERNARD ESQ.

BERNARD STEPHEN

KENNEDY J. GRANT

Defendant Attorneys

LAW OFFICE OF MICHAEL MALAFOURIS

LAW OFFICES OF JOSEPH M. KAR

KAR JOSEPH MICHAEL

MALAFOURIS MICHAEL OWEN

 

Court Documents

Legacy Document -

12/4/2017: Legacy Document -

Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES AND COSTS

10/9/2019: Opposition - OPPOSITION PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES AND COSTS

Notice - NOTICE OF NON-RECEIPT OF OPPOSITION TO POST-TRIAL MOTION FOR ATTORNEYS' FEES AND COSTS PER CCP SEC. 1038

10/15/2019: Notice - NOTICE OF NON-RECEIPT OF OPPOSITION TO POST-TRIAL MOTION FOR ATTORNEYS' FEES AND COSTS PER CCP SEC. 1038

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: STATEMENT OF DECISION)

8/13/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: STATEMENT OF DECISION)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: STATEMENT OF DECISION) OF 08/13/2019

8/13/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: STATEMENT OF DECISION) OF 08/13/2019

Minute Order - MINUTE ORDER (NON-JURY TRIAL)

4/30/2019: Minute Order - MINUTE ORDER (NON-JURY TRIAL)

Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION

6/1/2018: Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO OPPOSITION

Minute Order - MINUTE ORDER ENTERED: 2018-09-17 00:00:00

9/17/2018: Minute Order - MINUTE ORDER ENTERED: 2018-09-17 00:00:00

Notice - Notice Notice of Case Reassignment

2/19/2019: Notice - Notice Notice of Case Reassignment

Notice of Rejection - Pleadings

2/8/2019: Notice of Rejection - Pleadings

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/28/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Minute Order - Minute order entered: 2018-10-05 00:00:00

10/5/2018: Minute Order - Minute order entered: 2018-10-05 00:00:00

Minute Order - Minute Order (Final Status Conference; Plaintiff's Motion to Continue Trial...)

11/27/2018: Minute Order - Minute Order (Final Status Conference; Plaintiff's Motion to Continue Trial...)

Objection - Objection to Notice of Motion and Motion to Continue Trial

11/14/2018: Objection - Objection to Notice of Motion and Motion to Continue Trial

Minute Order - Minute order entered: 2017-05-19 00:00:00

5/19/2017: Minute Order - Minute order entered: 2017-05-19 00:00:00

Minute Order - Minute order entered: 2017-12-15 00:00:00

12/15/2017: Minute Order - Minute order entered: 2017-12-15 00:00:00

Legacy Document -

5/17/2017: Legacy Document -

Notice of Motion - AND MOTION TO STRIKE PORTIONS OF THE THIRD COMPLAINT; MEMORANDUM OF POINTS AN AUTHORITIES

8/2/2017: Notice of Motion - AND MOTION TO STRIKE PORTIONS OF THE THIRD COMPLAINT; MEMORANDUM OF POINTS AN AUTHORITIES

128 More Documents Available

 

Docket Entries

  • 11/15/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Hearing on Motion for Attorney Fees - Held - Motion Denied

    Read MoreRead Less
  • 11/15/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Non-Appearance Case Review (ReExhibits) - Held

    Read MoreRead Less
  • 11/15/2019
  • DocketMinute Order ( (Hearing on Motion for Attorney Fees; Non-Appearance Case Revi...)); Filed by Clerk

    Read MoreRead Less
  • 10/15/2019
  • DocketNotice (of non-receipt of opposition to post-trial motion for attorneys' fees and costs per CCP sec. 1038); Filed by Vartan Manoukian (Defendant)

    Read MoreRead Less
  • 10/10/2019
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Non-Appearance Case Review (ReExhibits) - Held - Continued

    Read MoreRead Less
  • 10/10/2019
  • DocketMinute Order ( (Non-Appearance Case Review Re: Exhibits)); Filed by Clerk

    Read MoreRead Less
  • 10/09/2019
  • DocketOpposition (PLAINTIFF'S OPPOSITION TO NOTICE OF MOTION AND MOTION FOR ATTORNEY'S FEES AND COSTS); Filed by Vosgan Mekhitarian (Plaintiff)

    Read MoreRead Less
  • 09/26/2019
  • DocketSubstitution of Attorney; Filed by Vosgan Mekhitarian (Plaintiff)

    Read MoreRead Less
  • 09/19/2019
  • DocketMemorandum of Costs (Summary); Filed by Vartan Manoukian (Defendant)

    Read MoreRead Less
  • 09/16/2019
  • Docketat 3:05 PM in Department E, Curtis A. Kin, Presiding; Non-Appearance Case Review

    Read MoreRead Less
234 More Docket Entries
  • 02/08/2017
  • DocketDeclaration; Filed by Vartan Manoukian (Defendant)

    Read MoreRead Less
  • 02/08/2017
  • DocketDemurrer; Filed by Vartan Manoukian (Defendant)

    Read MoreRead Less
  • 02/08/2017
  • DocketMotion to Strike (PORTIONS OF THE COMPLAINT ); Filed by Attorney for Defendant

    Read MoreRead Less
  • 12/19/2016
  • DocketComplaint filed-Summons Issued

    Read MoreRead Less
  • 12/19/2016
  • DocketSummons Filed

    Read MoreRead Less
  • 12/19/2016
  • DocketComplaint filed-Summons Issued; Filed by null

    Read MoreRead Less
  • 12/19/2016
  • DocketNotice of Case Management Conference

    Read MoreRead Less
  • 12/19/2016
  • DocketCivil Case Cover Sheet

    Read MoreRead Less
  • 12/19/2016
  • DocketNotice (Of order to show cause RE failure to comply with trial court delay reduction act)

    Read MoreRead Less
  • 12/19/2016
  • DocketSummons; Filed by null

    Read MoreRead Less

Tentative Rulings

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.