This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 11:15:37 (UTC).

1ST MERCHANT FUNDING LLC VS. BARBAR, INC.

Case Summary

On 08/28/2017 1ST MERCHANT FUNDING LLC filed a Contract - Debt Collection lawsuit against BARBAR, INC. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judges overseeing this case are CLERK, MELVIN D. SANDVIG and STEPHEN P. PFAHLER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7946

  • Filing Date:

    08/28/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CLERK

MELVIN D. SANDVIG

STEPHEN P. PFAHLER

 

Party Details

Plaintiff

1ST MERCHANT FUNDING LLC

Defendants and Not Classified By Court

BARBAR DOMINIC MUNIB HAKMAT

BARBAR

BARBAR MUNIB

BARBAR INC.

BAKER DANA

Attorney/Law Firm Details

Plaintiff Attorneys

HOLLINS LAW

GUBLER & ABBOTT LLP

LAW HOLLINS

DEWBERRY ROBERT H

Defendant and Not Classified By Court Attorney

BROWN AARON SCOTT

 

Court Documents

Notice of Ruling

9/15/2020: Notice of Ruling

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

8/10/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

2/18/2020: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Proof of Personal Service

1/31/2020: Proof of Personal Service

Proof of Personal Service

1/31/2020: Proof of Personal Service

Proof of Personal Service

1/31/2020: Proof of Personal Service

Application and Order for Appearance and Examination - APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION (3RD PERSON)

12/31/2019: Application and Order for Appearance and Examination - APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION (3RD PERSON)

Notice of Motion - NOTICE OF HEARING ON APPLICATION BY JUDGMENT CREDITOR FOR SALE OF DWELLING AND ORDER TO SHOW CAUSE WHY AND ORDER FOR SALE SHOULD NOT BE MADE

8/1/2019: Notice of Motion - NOTICE OF HEARING ON APPLICATION BY JUDGMENT CREDITOR FOR SALE OF DWELLING AND ORDER TO SHOW CAUSE WHY AND ORDER FOR SALE SHOULD NOT BE MADE

Declaration of Interest, Costs and Attorney Fees

6/19/2019: Declaration of Interest, Costs and Attorney Fees

Minute Order - MINUTE ORDER HEARING ON ORDER FOR APPEARANCE AND EXAMINATION

9/12/2018: Minute Order - MINUTE ORDER HEARING ON ORDER FOR APPEARANCE AND EXAMINATION

Minute Order - Minute Order (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

2/28/2019: Minute Order - Minute Order (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUD...)

Substitution of Attorney

1/8/2018: Substitution of Attorney

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

1/30/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Proof of Service (not Summons and Complaint)

1/30/2018: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

2/8/2018: Proof of Service (not Summons and Complaint)

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

2/8/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Legacy Document - LEGACY DOCUMENT TYPE: Default Judgment

4/20/2018: Legacy Document - LEGACY DOCUMENT TYPE: Default Judgment

Proof of Personal Service -

8/9/2018: Proof of Personal Service -

135 More Documents Available

 

Docket Entries

  • 02/26/2021
  • Hearing02/26/2021 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion for Attorney Fees

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  • 09/21/2020
  • DocketWrit - Return; Filed by Clerk

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  • 09/18/2020
  • DocketWrit - Return; Filed by Clerk

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  • 09/18/2020
  • DocketWrit - Return; Filed by Clerk

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  • 09/16/2020
  • DocketMotion for Attorney Fees; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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  • 09/15/2020
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion for Attorney Fees - Held

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  • 09/15/2020
  • DocketNotice of Ruling; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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  • 09/15/2020
  • DocketMinute Order ( (HEARING ON MOTION FOR ATTORNEY FEES)); Filed by Clerk

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  • 08/17/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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  • 08/17/2020
  • DocketMotion for Attorney Fees; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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170 More Docket Entries
  • 01/30/2018
  • DocketProof of Service (not Summons and Complaint); Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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  • 01/25/2018
  • Docketat 08:30 AM in Department F47; Case Management Conference (Conference-Case Management; Continued by Court) -

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  • 01/25/2018
  • DocketMinute Order (Case Management Conference); Filed by Clerk

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  • 01/11/2018
  • DocketCase Management Statement; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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  • 01/08/2018
  • DocketSubstitution of Attorney; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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  • 08/28/2017
  • DocketNotice (of Case Management Conference); Filed by Clerk

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  • 08/28/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 08/28/2017
  • DocketSummons; Filed by null

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  • 08/28/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 08/28/2017
  • DocketCivil Case Cover Sheet; Filed by 1ST MERCHANT FUNDING LLC (Plaintiff)

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Tentative Rulings

Case Number: PC057946    Hearing Date: September 15, 2020    Dept: F47

Dept. F-47

Date: 9/15/20

Case #PC057946

MOTION FOR ATTORNEY FEES & COSTS

Motion filed on 8/17/20.

MOVING PARTY: Plaintiff/Judgment Creditor 1st Merchant Funding, LLC

RESPONDING PARTY: Defendants/Judgment Debtors Barbar, Inc. and Dominic Barbar

RELIEF REQUESTED: An order awarding post-judgment attorney’s fees in the sum of $39,324.00 along with costs of enforcement in the sum of $3,045.84.

RULING: The motion is denied without prejudice.

The motion indicates that it is made pursuant to CCP 685.040 and CCP 685.070(a)(6). (See Notice of Motion p.1:28-p.2:1; Memorandum of Points and Authorities p.3:9-21). However, CCP 685.080 is the authority for claiming costs authorized by CCP 685.040 by way of a noticed motion. See CCP 685.080(a).

CCP 685.080 provides:

(a) The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred. The costs claimed under this section may include, but are not limited to, costs that may be claimed under Section 685.070 and costs incurred but not approved by the court or referee in a proceeding under Chapter 6 (commencing with Section 708.010) of Division 2.

(b) The notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person's best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied. The notice of motion shall be served on the judgment debtor. Service shall be made personally or by mail.

(c) The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case.

Here, Plaintiff/Judgment Creditor has filed and served a memorandum of costs and a motion for attorney’s fees and costs which seek to recover the same attorney’s fees and costs. (See Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest filed on 8/17/20 & Motion for Attorney Fees filed on 8/17/20).

The motion does not indicate whether the judgment has been satisfied in full. Therefore, it cannot be determined whether the motion is timely.

Additionally, the declaration of attorney Dewberry submitted in support of the motion only addresses the attorney’s fees sought in the amount of $39,324.00 and does not specifically mention the other costs sought to be recovered by way of the instant motion and the 8/17/20 memorandum of costs which include postage, copying, Federal Express, Westlaw, and public records retrieval. (See Dewberry Decl.; Motion Points and Authorities p.5:8-13). Even with regard to the attorney’s fees claimed, attorney Dewberry does not specifically state that to the best of his knowledge the fees are reasonable and necessary, and have not been satisfied as required by CCP 685.080(b). Further, attorney Dewberry states that he was engaged on 5/21/19 for the purpose of enforcing the judgment. (Dewberry Decl. ¶2). However, the motion and memorandum of costs seeks to recover attorney’s fees beginning in February of 2019. (See Dewberry Decl., Ex.1; Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest filed on 8/17/20 Item 1.a.(7)).

Based on the foregoing, Plaintiff/Judgment Creditor has failed to meet its burden with regard to the attorney’s fees and costs sought by way of the instant motion. Therefore, the motion is denied without prejudice.

Case Number: PC057946    Hearing Date: July 23, 2020    Dept: F47

Dept. F-47

Date: 7/24/20

Case #PC057946

HEARING ON APPLICATION FOR SALE OF DWELLING

&

ORDER TO SHOW CAUSE WHY AN ORDER FOR SALE SHOULD NOT BE MADE

Notice of Hearing & Application filed on 8/1/19.

MOVING PARTY: Plaintiff 1st Merchant Funding, LLC

RESPONDING PARTY: Third Party Dana Baker and Defendants Barbar, Inc. and Dominic Barbar

RELIEF REQUESTED: An order permitting the sale of the dwelling commonly known as 28361 Falcon Crest Drive, Santa Clarita, CA 91351.

RULING: The application is granted.

Plaintiff’s objections (numbers 1-3) to portions of the declaration of Dana Baker are sustained.

This action arises out of Defendants’ breach of contract and personal guarantee. On 4/20/18, judgment was entered in favor of Plaintiff and against Defendants/Judgment Debtors Barbar, Inc. and Dominic Munib Hakmat Barbar aka Munib Barbar. The current amount due on the judgment with interest and costs, excluding post-judgment attorneys’ fees is $56,609.29.

On 7/17/19, the Los Angeles County Sheriff levied a writ of execution for sale of a single-family residence commonly known as 28361 Falcon Crest Drive, Santa Clarita, CA 91351 (the property). Plaintiff seeks an order permitting the sale of the property to satisfy the judgment. See 704.740, et seq.

Defendant Munib Barbar’s spouse, Dana Baker, is the record owner of the property. Baker married Barbar on 12/16/02. Baker purchased the property on 9/1/10 using $100,000.00 she received as an inheritance as the down payment. (Baker Decl. ¶8). Despite being married at the time of purchase, Baker took title as a single woman and purchase documents she signed stated she was single. (Dewberry Decl. ¶¶7-8, Ex.6-8). Baker claims that the property cannot be sold to satisfy the judgment because she is not a judgment debtor and the property is her sole and separate property.

The evidence indicates that since at least 2015 (the earliest year canceled checks are available), the monthly mortgage payments for the property have been made from a joint checking account of Baker and Barbar. (Dewberry Decl. ¶3, Ex.2). Additionally, during at least 2017, Defendant/Judgment Debtor Barbar Inc. paid the utilities on the property. (Dewberry Decl. ¶5, Ex.3). Also, since at least 2014, the homeowner association fees for the property have been paid from either a joint checking account of Baker and Barbar or by Barbar Inc. (Dewberry Decl. ¶6, Ex.4).

All property and income acquired during marriage and before separation, other than by gift or inheritance, is presumptively community property. Family Code 760, 771(a). The community estate is liable for any debt incurred by either spouse prior to or during the course of marriage, regardless of whether one or both spouse benefit from the debt. Family Code 910(a).

Although the down payment for the property came from an inheritance Baker received and she took title as a single woman, despite being married, all other payments for the property seemingly came from community assets. Even if the funds in the joint checking account came from Baker’s income, such funds would be community property as the funds were acquired during her marriage to Barbar. See Family Code 760, 771(a); (Dewberry Decl., Ex.9). As such, Baker failed to maintain the property as her separate property and it can be sold to satisfy the judgment. See CCP 695.020; Family Code 760, 771(a), 910(a).

Baker and Barbar are entitled to a $100,000.00 homestead exemption. CCP 704.730(a)(2). The property also secures a loan with a current balance of $292,290.73.

Case Number: PC057946    Hearing Date: July 06, 2020    Dept: F47

Dept. F-47

Date: 7/6/20

Case #PC057946

HEARING ON APPLICATION FOR SALE OF DWELLING

&

ORDER TO SHOW CAUSE WHY AN ORDER FOR SALE SHOULD NOT BE MADE

Notice of Hearing & Application filed on 8/1/19.

MOVING PARTY: Plaintiff 1st Merchant Funding, LLC

RESPONDING PARTY: Third Party Dana Baker and Defendants Barbar, Inc. and Dominic Barbar

RELIEF REQUESTED: An order permitting the sale of the dwelling commonly known as 28361 Falcon Crest Drive, Santa Clarita, CA 91351.

SUMMARY OF ACTION: This action arises out of Defendants’ breach of contract and personal guarantee. On 4/20/18, judgment was entered in favor of Plaintiff and against Defendant/Judgment Debtor Dominic Munib Hakmat Barbar aka Munib Barbar for $46,227.76.

Defendant’s spouse, Dana Baker, is the record owner of a single-family residence commonly known as 28361 Falcon Crest Drive, Santa Clarita, CA 91351.

RULING: The hearing will be continued.

In Plaintiff’s reply filed and served on 6/25/20, Plaintiff objects to the court considering the opposition papers filed by Third-Party Dana Baker and Defendants Barbar, Inc. and Dominic Barbar on 6/23/20 because they were filed late considering the deadlines set forth in the court’s 4/14/20 Minute Order. The reply does not address the merits of the opposition.

It is true that the court’s 4/14/20 Minute Order which continued the hearing on this matter from 5/21/20 to 7/6/20 indicated that the briefing schedule was not continued and remained set to the 5/21/20 hearing date. (See 4/14/20 Minute Order). However, considering the unprecedented circumstances created by the Covid-19 pandemic and attorney A. Scott Brown’s declaration filed on 6/29/20 regarding his mistake as to the filing deadline, the court exercises its discretion to consider the opposition papers filed on 6/23/20. See CRC 3.1300(d). Therefore, the hearing on the order to show cause will be continued to allow Plaintiff to file and serve a reply which addresses the merits of the opposition. The reply must be filed and served at least 5 court days before the continued hearing date.