This case was last updated from Los Angeles County Superior Courts on 11/19/2021 at 23:01:41 (UTC).

ABBAS SHENASI AZARI; ET AL VS PRIMARY CLEANUP...; ET AL

Case Summary

On 05/02/2018 ABBAS SHENASI AZARI filed a Contract - Other Contract lawsuit against PRIMARY CLEANUP. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judges overseeing this case are STUART M. RICE, RAMONA G. SEE and DEIRDRE HILL. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2857

  • Filing Date:

    05/02/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STUART M. RICE

RAMONA G. SEE

DEIRDRE HILL

 

Party Details

Cross Defendants and Plaintiffs

AZARI FARI SHENASI

AZARI ABBAS SHENASI

Defendants and Cross Plaintiffs

PRIMARY CLEANUP & RESTORATION INC.

GALADZHYAN ZAREH

SERVPRO OF KOREATOWN

THE GARMENT RESTORATION COMPANY

BELDIN JASON

DOES 1 THROUGH 15 INCLUSIVE

PRIMARY CLEANUP & RESTORATION INC. DBA SERVPRO OF KOREATOWN

Defendant and Not Classified By Court

SERVPRO OF KOREATOWN

Attorney/Law Firm Details

Plaintiff Attorneys

BOWMAN STANLEY D.

700 North Pacific Coast Highway Suite 202A

Redondo Beach,, CA 90277

LONG MICHAEL F.

BOWMAN STANLEY DREW

LONG MICHAEL FRANCIS

Defendant and Cross Plaintiff Attorneys

STOCK JOSHUA R.

MICHAEL F. LONG

FIOLA ASIR

SCHNEIDER ANTHONY TODD

POPOVICH JERRY CARL

STOCK JOSHUA RONALD

HAMASSIAN ANTHONY S.

Cross Defendant Attorney

BOWMAN STANLEY

 

Court Documents

Order - ORDER MOTION FOR ATTORNEY FEES

8/2/2021: Order - ORDER MOTION FOR ATTORNEY FEES

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)

8/2/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES)

Notice of Ruling

8/26/2021: Notice of Ruling

Declaration - DECLARATION DECLARATION OF JOSHUA R. STOCK, ESQ.

2/5/2021: Declaration - DECLARATION DECLARATION OF JOSHUA R. STOCK, ESQ.

Motion for Attorney Fees

2/5/2021: Motion for Attorney Fees

Memorandum of Costs (Summary)

12/23/2020: Memorandum of Costs (Summary)

Judgment - JUDGMENT PROPOSED JUDGMENT

11/20/2020: Judgment - JUDGMENT PROPOSED JUDGMENT

Abstract of Judgment - Civil and Small Claims

12/18/2020: Abstract of Judgment - Civil and Small Claims

Notice of Ruling

11/20/2020: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT)

8/18/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT)

Notice of Case Reassignment and Order for Plaintiff to Give Notice

5/28/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Minute Order - MINUTE ORDER (COURT ORDER)

4/24/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/24/2020

4/24/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/24/2020

Motion to Enforce Settlement

4/9/2020: Motion to Enforce Settlement

Declaration - DECLARATION DECLARATION OF JOSHUA R. STOCK, ESQ.

4/9/2020: Declaration - DECLARATION DECLARATION OF JOSHUA R. STOCK, ESQ.

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

3/30/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 03/30/2020

3/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 03/30/2020

Request for Dismissal - REQUEST FOR DISMISSAL - PARTIAL

3/2/2020: Request for Dismissal - REQUEST FOR DISMISSAL - PARTIAL

58 More Documents Available

 

Docket Entries

  • 08/26/2021
  • DocketNotice of Ruling; Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
  • 08/02/2021
  • Docketat 08:30 AM in Department B; Hearing on Motion for Attorney Fees - Held

    Read MoreRead Less
  • 08/02/2021
  • DocketOrder (Motion for Attorney Fees); Filed by Clerk

    Read MoreRead Less
  • 08/02/2021
  • DocketMinute Order ( (Hearing on Motion for Attorney Fees)); Filed by Clerk

    Read MoreRead Less
  • 02/05/2021
  • DocketMotion for Attorney Fees; Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
  • 02/05/2021
  • DocketDeclaration (Declaration of Joshua R. Stock, Esq.); Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
  • 12/23/2020
  • DocketMemorandum of Costs (Summary); Filed by The Garment Restoration Company (Cross-Complainant); Jason Beldin (Defendant)

    Read MoreRead Less
  • 12/18/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
  • 11/20/2020
  • DocketNotice of Ruling; Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
  • 11/20/2020
  • DocketJudgment (Proposed Judgment); Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
91 More Docket Entries
  • 07/09/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Abbas Shenasi Azari (Plaintiff); Fari Shenasi Azari (Plaintiff)

    Read MoreRead Less
  • 07/09/2018
  • DocketSummons Issued; Filed by The Garment Restoration Company (Defendant); Jason Beldin (Defendant)

    Read MoreRead Less
  • 07/09/2018
  • DocketCross-Compl fld - Summons Issued; Filed by The Garment Restoration Company (Defendant); Jason Beldin (Defendant)

    Read MoreRead Less
  • 07/09/2018
  • DocketAnswer; Filed by The Garment Restoration Company (Defendant); Jason Beldin (Defendant)

    Read MoreRead Less
  • 07/09/2018
  • DocketSummons CROSS COMPLAINT

    Read MoreRead Less
  • 07/09/2018
  • DocketCross-Complaint; Filed by The Garment Restoration Company (Cross-Complainant)

    Read MoreRead Less
  • 05/02/2018
  • DocketSummons; Filed by Abbas Shenasi Azari (Plaintiff); Fari Shenasi Azari (Plaintiff)

    Read MoreRead Less
  • 05/02/2018
  • DocketComplaint; Filed by Abbas Shenasi Azari (Plaintiff); Fari Shenasi Azari (Plaintiff)

    Read MoreRead Less
  • 05/02/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 05/02/2018
  • DocketCivil Case Cover Sheet; Filed by Abbas Shenasi Azari (Plaintiff); Fari Shenasi Azari (Plaintiff)

    Read MoreRead Less

Tentative Rulings

b"

Case Number: YC072857 Hearing Date: August 2, 2021 Dept: B

\r\n\r\n

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

\r\n\r\n

\r\n\r\n

Honorable Gary Y. Tanaka Monday, August 2, 2021

\r\n\r\n

Department B Calendar No. 10

\r\n\r\n

\r\n\r\n

\r\n\r\n

PROCEEDINGS

\r\n\r\n

\r\n\r\n

Abbas\r\nShenasi Azari, et al. v. Primary Cleanup & Restoration, Inc., et al.

\r\n\r\n

YC072857

\r\n\r\n

\r\n\r\n
  1. Garment\r\nRestoration Company and Jason Beldin’s Motion for Attorneys’ Fees

    TENTATIVE RULING

    Garment\r\nRestoration Company and Jason Beldin’s Motion for Attorneys’ Fees is granted.

    Background

    Plaintiffs\r\nfiled their Complaint on May 27, 2018. Plaintiffs\r\nalleged the following facts: Defendants provided smoke remediation services (Defendant\r\nPrimary Cleanup) and cleaning services (Defendant Garment Restoration) for Plaintiffs’\r\npersonal residence. Plaintiffs’ personal\r\nproperty was removed and stored with Defendants during the remediation process. However, when their personal property was\r\nreturned, the property was damaged, dirty, and items were missing. Plaintiffs alleged the following causes of\r\naction: 1. Rescission of Contract; 2. Rescission of Contract; 3. Fraud; 4. Fraud;\r\n5. Conversion; 6. Unfair Business Practices

    Defendants filed a Cross-Complaint alleging causes of\r\naction for (1) Breach of Contract; (2) Common Counts; (3) Conversion.\r\nDefendants allege that they were not paid for services rendered.

    On January 29, 2020, the\r\nparties entered into a “Stipulation for Settlement and Mutual Release of\r\nClaims.” The stipulation stated that the\r\ncourt shall retain jurisdiction and that the settlement may be enforced\r\npursuant to CCP § 664.6. Defendants\r\nsubmitted evidence that they performed the terms of the agreement, but\r\nPlaintiff failed to perform by refusing to pay the $12,500 as required under\r\nthe terms of the agreement. Therefore, Defendants/Cross-Complainants Garment\r\nRestoration Company and Jason Beldin’s Motion for Entry of Order and Judgment\r\nEnforcing Settlement was granted pursuant to CCP § 664.6.

    Motion for Attorneys’ Fees

    Civ. Code, § 1717(a) states: “In any action on a\r\ncontract, where the contract specifically provides that attorney's fees and\r\ncosts, which are incurred to enforce that contract, shall be awarded either to\r\none of the parties or to the prevailing party, then the party who is determined\r\nto be the party prevailing on the contract, whether he or she is the party\r\nspecified in the contract or not, shall be entitled to reasonable attorney's\r\nfees in addition to other costs.” Here,\r\nthe settlement agreement includes language stating that the prevailing party in\r\nan action to enforce the agreement is entitled to reasonable attorneys’ fees. (Decl., Joshua R. Stock, Ex. 1, ¶ 4.)

    “The trial court has “broad authority” to determine\r\nthe amount of a reasonable attorneys’ fees. \r\nPLCM Group v. Drexler (2000)\r\n22 Cal.4th 1084, 1095. “[T]he fee\r\nsetting inquiry in California ordinarily begins with the ‘lodestar,’ i.e., the\r\nnumber of hours reasonably expended multiplied by the reasonable hourly\r\nrate.” Id. [“California courts have consistently held that a computation\r\nof time spent on a case and the reasonable value of that time is fundamental to\r\na determination of an appropriate attorneys' fee award.”]. “The experienced trial judge is the best\r\njudge of the value of professional services rendered in his court, and while\r\nhis judgment is of course subject to review, it will not be disturbed unless\r\nthe appellate court is convinced that it is clearly wrong.” Ketchum v. Moses (2001) 24 Cal.4th\r\n1122, 1132 (internal quotation omitted.)

    Here, the attorneys’ fees sought by the prevailing\r\nparty is reasonable. The number of hours\r\nexpended, 16.9, is reasonable considering the work involved in attempting to\r\nenforce the agreement. In addition, the\r\nhourly rate of $400 per hour is a reasonable rate in the community after\r\nconsidering the attorney’s experience. (Decl.,\r\nJoshua R. Stock, ¶¶ 3-5.)

    Therefore, the motion for attorneys’ fees is granted. Prevailing Cross-Complainants are awarded\r\nreasonable attorneys’ fees in the amount of $6,760.00.

    Moving party is ordered to give notice of this ruling.

\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n"

Case Number: YC072857    Hearing Date: August 18, 2020    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka Tuesday, August 18, 2020

Department B Calendar No. 14

PROCEEDINGS

Abbas Shenasi Azari, et al. v. Primary Cleanup & Restoration, Inc., et al.

YC072857

  1. Garment Restoration Company and Jason Beldin’s Motion for Entry of Order and Judgment Enforcing Settlement

    TENTATIVE RULING

    Garment Restoration Company and Jason Beldin’s Motion for Entry of Order and Judgment Enforcing Settlement is granted pursuant to CCP § 664.6.

    The stipulation states that the court shall retain jurisdiction and that the settlement may be enforced pursuant to CCP § 664.6. Defendants submitted evidence that they performed the terms of the agreement, but Plaintiff failed to perform by refusing to pay the $12,500 as required under the terms of the agreement. (Id., at ¶ 8-11.)

    Therefore, Defendants/Cross-Complainants Garment Restoration Company and Jason Beldin’s Motion for Entry of Order and Judgment Enforcing Settlement is granted pursuant to CCP § 664.6.

    Defendants are ordered to submit a proposed judgment and to provide notice of this ruling.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where THE GARMENT RESTORATION COMPANY is a litigant

Latest cases represented by Lawyer STOCK JOSHUA R.

Latest cases represented by Lawyer POPOVICH JERRY CARL