This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 03:28:41 (UTC).

12 GAUGE ELECTRIC INC. VS. LESLIE GAIL

Case Summary

On 10/12/2017 12 GAUGE ELECTRIC INC filed a Contract - Other Contract lawsuit against LESLIE GAIL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHELLE WILLIAMS COURT, DEBRE K. WEINTRAUB and DEBRE KATZ WEINTRAUB. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6686

  • Filing Date:

    10/12/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHELLE WILLIAMS COURT

DEBRE K. WEINTRAUB

DEBRE KATZ WEINTRAUB

 

Party Details

Plaintiffs, Defendants, Cross Plaintiffs and Cross Defendants

GAIL LESLIE

12 GAUGE ELECTRIC INC.

GAIL LESLIE SC128299

OLD REPUBLIC SURETY COMPANY SC128299

RONEN SHACHAR

SURETY INDEMNITY COMPANY SC128299

THE XLART GROUP INC. SC128299

WESCO INSURANCE COMPANY SC128299

WESCO INSURANCE COMPANY

THE XLART GROUP INC.

DOES 1 THROUGH 25

CALI PATRICIA A.

SURETEC INDEMNITY COMPANY

OLD REPUBLIC SURETY COMPANY

ITAEV GARY

PRODIGY DESIGN & CONSTRUCTION INC. ALIAS PRODIGY DESIGN & CONSTRUCTION INC.

EZRA HAIM

ZUCKER YUHUDIT ZHAVAH

ROES 1 TO 50

Not Classified By Court

PATRICIA A. CALI

4 More Parties Available

Attorney/Law Firm Details

Plaintiff and Defendant Attorneys

GOTFREDSON & ASSOCIATES

GOTFREDSON E. JAY ESQ.

GOTFREDSON E. JAY

SUTTON RAYMOND M. ESQ.

CHAIN BETTY STASZEK ESQ.

SUTTON ESQ. RAYMOND M.

CHAIN BETTY S. ESQ.

HAUSMAN & SOSA

CHAIN BETTY S. ATTORNEY AT LAW

SUTTON RAYMOND MARSHAL ESQ.

CHAIN BETTY STASZEK

SUTTON RAYMOND

SUTTON RAYMOND MARSHAL

Plaintiff and Cross Plaintiff Attorneys

GOTFREDSON E. JAY

CHAIN BETTY S. ESQ.

Plaintiff and Cross Defendant Attorneys

SUTTON RAYMOND M. ESQ.

SUTTON RAYMOND MARSHAL ESQ.

SUTTON RAYMOND

SUTTON RAYMOND MARSHAL

 

Court Documents

Request for Dismissal

10/10/2019: Request for Dismissal

Opposition - OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES TO SHACHAR RONEN, . SET ONE; DECLARATION OF.BETTY S. CHAIN

10/16/2019: Opposition - OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES TO SHACHAR RONEN, . SET ONE; DECLARATION OF.BETTY S. CHAIN

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 08/07/2019

8/7/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 08/07/2019

Answer

6/21/2019: Answer

Notice - NOTICE OF TAKING DEMURRER OFF CALENDAR

6/19/2019: Notice - NOTICE OF TAKING DEMURRER OFF CALENDAR

Opposition - OPPOSITION [LESLIE GAIL'S] TO PATRICIA CALI AND SHACHAR RONEN'S DEMURRER TO FIRST AMENDED COMPLAINT

6/11/2019: Opposition - OPPOSITION [LESLIE GAIL'S] TO PATRICIA CALI AND SHACHAR RONEN'S DEMURRER TO FIRST AMENDED COMPLAINT

Summons - SUMMONS ON FIRST AMENDED COMPLAINT

5/3/2019: Summons - SUMMONS ON FIRST AMENDED COMPLAINT

Answer

5/17/2019: Answer

Reply - REPLY OF LESLIE GAIL TO XLART GROUP'S OPPOSITION TO MOTION TO AMEND PLEADING

4/10/2019: Reply - REPLY OF LESLIE GAIL TO XLART GROUP'S OPPOSITION TO MOTION TO AMEND PLEADING

Memorandum - MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF'S MOTION TO AMEND COMPLAINT

4/5/2019: Memorandum - MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF'S MOTION TO AMEND COMPLAINT

CIVIL DEPOSIT -

3/22/2018: CIVIL DEPOSIT -

OPPOSITION TO MOTION TO TRANSFER CASE TO SANTA MONICA COURTHOUSE; DECLARATION OF RAYMOND M. SUTTON, ESQ.

5/8/2018: OPPOSITION TO MOTION TO TRANSFER CASE TO SANTA MONICA COURTHOUSE; DECLARATION OF RAYMOND M. SUTTON, ESQ.

CASE MANAGEMENT STATEMENT -

6/27/2018: CASE MANAGEMENT STATEMENT -

STIPULATION TO CONSOLIDATE CASES; ORDER THEREON

6/28/2018: STIPULATION TO CONSOLIDATE CASES; ORDER THEREON

RECEIPT FOR TRANSMITTED RECORD

10/12/2017: RECEIPT FOR TRANSMITTED RECORD

OPPOSITION TO DEMURRER OF DEFENDANT LESLIE GAIL

10/12/2017: OPPOSITION TO DEMURRER OF DEFENDANT LESLIE GAIL

Minute Order -

10/12/2017: Minute Order -

106 More Documents Available

 

Docket Entries

  • 01/14/2021
  • Hearing01/14/2021 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 08/11/2020
  • Docketat 09:30 AM in Department 74; Trial Setting Conference - Held - Continued

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  • 08/11/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 07/30/2020
  • Docketat 09:30 AM in Department 74; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 07/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 06/08/2020
  • Docketat 10:00 AM in Department 74; Jury Trial - Not Held - Advanced and Vacated

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  • 06/01/2020
  • Docketat 08:30 AM in Department 74; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/24/2020
  • Docketat 10:34 AM in Department 74; Court Order

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  • 04/24/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 04/24/2020
  • DocketCertificate of Mailing for ([Minute Order (Court Order)]); Filed by Clerk

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186 More Docket Entries
  • 10/12/2017
  • DocketMinute Order

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  • 10/12/2017
  • DocketCOMPLAINT FOR BREACH OF CONTRACT, COMMON COUNTS, AND FORECLOSURE OF MECHANICS LIEN

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  • 10/12/2017
  • DocketOPPOSITION TO DEMURRER OF DEFENDANT LESLIE GAIL

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  • 10/12/2017
  • DocketDefendant Leslie Gail's Cross-Complaint; Filed by Leslie Gail (Cross-Complainant)

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  • 10/12/2017
  • DocketOpposition Document; Filed by 12 GAUGE ELECTRIC INC. (Legacy Party)

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  • 10/12/2017
  • DocketNotice of Hearing; Filed by Leslie Gail (Legacy Party)

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  • 10/12/2017
  • DocketProof of Service (not Summons and Complaint); Filed by 12 GAUGE ELECTRIC INC. (Legacy Party)

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  • 10/12/2017
  • DocketAffidavit ; Filed by 12 GAUGE ELECTRIC INC. (Legacy Party)

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  • 10/12/2017
  • DocketComplaint; Filed by Gail, Leslie (SC128299) (Plaintiff)

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  • 10/12/2017
  • DocketSummons; Filed by 12 GAUGE ELECTRIC INC. (Legacy Party)

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Tentative Rulings

Case Number: BC676686    Hearing Date: October 28, 2019    Dept: 74

BC676686 12 GAUGE ELECTRIC INC. VS. LESLIE GAIL

Plaintiff’s Motion to Compel Further Responses to Special Interrogatories and for Sanctions and Motion to Compel Further Responses to Special Interrogatories and for Sanctions

TENTATIVE RULING: The motions are granted. Ronan and Xlart are to provide further responses to special interrogatories within 20 days. Ronan is to pay plaintiff sanctions of $1740 and Xlart is to pay plaintiff sanctions of $1345 within 30 days.

Gail argues that the oppositions were untimely. She waived any issue as to the timeliness of the opposition by addressing it on the merits. (Carlton v. Quint (2000) 77 Cal. App. 4th 690, 697.)

In the replies, Gail referenced issue preclusion sanctions. They have not been considered as they were not stated in the notice of motion.

Ronan

The response to interrogatory number 15 states that a construction manager manages construction. It then details the duties of a general contractor. This is not sufficient, as “manages construction” is not a specific description fo what a construction manager is responsible for. A specific description of how construction is managed is required. Further response is ordered.

The response to interrogatory number 16 states that they discussed that she was the owner/builder and Xlart the construction manager, but no specifics of the discussion are stated. That discussion needs to be stated in detail. Further response is ordered.

Xlart

Interrogatory number 38 requests Xlart state its understanding of its responsibilities under the contract. Stating that the contract speaks for itself is not sufficient. A detailed statement of what Xlart understood its obligation to be is required. That some of the information is available in the responses to other interrogatories does not excuse the failure to properly respond to this interrogatory. Further response is ordered.

Sanctions

Gail is entitled to sanctions on both motions. Ronan is ordered to pay sanctions of $1740. Xlart is ordered to pay sanctions of $1345.

Case Number: BC676686    Hearing Date: October 24, 2019    Dept: 74

BC676686 12 GAUGE ELECTRIC INC. VS. LESLIE GAIL

Defendants Mr. Green Electric, Inc., Gary Iraev, and American Contractors Indemnity Company’s Demurrer to the Second Amended Complaint

TENTATIVE RULING: The demurrer to the first cause of action is sustained with leave to amend as to defendants Mr. Green Electric, Inc. and Gary Iraev only. The demurrer to the third cause of action is sustained without leave to amend as to defendant American Contractors Indemnity only. Plaintiff may file an amended complaint within 20 days.

Demurrer to the First Cause of Action for Breach of Contract

Defendants Mr. Green Electric, Inc. and Gary Iraev argue that it cannot be determined whether the contract is oral, written or implied, who the parties to the contract are, and which defendant committed which breaches, and that there is no allegation that plaintiff performed or was excused from performance.

The elements of breach of contract are the existence of contract; plaintiffs’ performance or excuse for nonperformance; defendants’ breach and resulting damage. (Wall Street Network, Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.) The cause of action must state whether the contract is oral, written or implied. (Code Civ. Proc., § 430.10, subd. (g).)

The cause of action only alleges a single construction contract. It is unclear who the parties to that contract are. There are pages of breaches, the breaching parties are not identified, nor is the specific contract breached. There is no allegation that plaintiff did not breach the contract, or as a third party beneficiary of a contract between these defendants and another party, that the other party did not breach the contract.

There is no allegation as to whether the contract or contracts alleged were oral, written or implied in fact. The demurrer is sustained with leave to amend.

Third Cause of Action for Negligence

American Contractor Indemnity Company argues that it is a surety, and not involved in construction and cannot be sued for negligence as the defendants’ surety. Plaintiff has provided no authority that a surety can be sued directly in the causes of action against its insured. The demurrer is sustained without leave to amend.