This case was last updated from Los Angeles County Superior Courts on 09/02/2019 at 02:03:26 (UTC).

AMERICAN EXPRESS BANK, FSB VS. BIJAN ZOUGHI, ET AL.

Case Summary

On 01/29/2018 AMERICAN EXPRESS BANK, FSB filed a Contract - Debt Collection lawsuit against BIJAN ZOUGHI. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is WILLIAM D. STEWART. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7946

  • Filing Date:

    01/29/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

WILLIAM D. STEWART

 

Party Details

Plaintiff

AMERICAN EXPRESS BANK FSB

Defendants

DIVA EXECUTIVE COACH LLC

ZOUGHI BIJAN

DIVA EXEC LIMOUSINE

ZOUGHI BIJAN H

LIMOUSINE DIVA EXEC

Attorney/Law Firm Details

Plaintiff Attorneys

MICHAEL & ASSOCIATES

MICHAEL LINA M

Defendant Attorneys

ROSTOW & AUSTER LLP

GHARAKHANI REZA IRAJ

 

Court Documents

Request for Dismissal

2/27/2019: Request for Dismissal

Minute Order

2/26/2019: Minute Order

Notice of Settlement

1/29/2019: Notice of Settlement

Memorandum of Costs (Summary)

1/17/2019: Memorandum of Costs (Summary)

Minute Order

1/22/2019: Minute Order

Legacy Document

1/29/2018: Legacy Document

Summons

1/29/2018: Summons

Legacy Document

1/29/2018: Legacy Document

Civil Case Cover Sheet

1/29/2018: Civil Case Cover Sheet

Notice of Case Management Conference

1/29/2018: Notice of Case Management Conference

Proof of Service of Summons and Complaint

2/8/2018: Proof of Service of Summons and Complaint

Legacy Document

2/13/2018: Legacy Document

Legacy Document

3/15/2018: Legacy Document

Answer

3/28/2018: Answer

Minute Order

4/16/2018: Minute Order

Case Management Statement

6/28/2018: Case Management Statement

Case Management Statement

6/29/2018: Case Management Statement

Minute Order

7/25/2018: Minute Order

6 More Documents Available

 

Docket Entries

  • 02/27/2019
  • DocketRequest for Dismissal; Filed by American Express Bank, FSB (Plaintiff)

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  • 02/26/2019
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Order to Show Cause Re: (Submission of Stipulated Judgment) - Held

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  • 02/26/2019
  • DocketMinute Order ( (Order to Show Cause Re: Submission of Stipulated Judgment)); Filed by Clerk

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  • 01/29/2019
  • DocketNotice of Settlement; Filed by American Express Bank, FSB (Plaintiff)

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  • 01/22/2019
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Non-Jury Trial - Not Held - Taken Off Calendar by Court

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  • 01/22/2019
  • DocketMinute Order ( (Non-Jury Trial)); Filed by Clerk

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  • 01/17/2019
  • DocketMemorandum of Costs (Summary); Filed by American Express Bank, FSB (Plaintiff)

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  • 07/25/2018
  • Docketat 08:30 AM in Department A; Case Management Conference (Conference-Case Management; Trial and Conference Set) -

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  • 07/25/2018
  • DocketMinute order entered: 2018-07-25 00:00:00; Filed by Clerk

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  • 06/29/2018
  • DocketCase Management Statement; Filed by Bijan Zoughi (Defendant); Bijan H Zoughi (Defendant); Diva Executive Coach, LLC (Defendant) et al.

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5 More Docket Entries
  • 03/15/2018
  • DocketDeclaration; Filed by American Express Bank, FSB (Plaintiff)

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  • 02/13/2018
  • DocketProof-Service/Summons; Filed by American Express Bank, FSB (Plaintiff)

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  • 02/08/2018
  • DocketDeclaration; Filed by American Express Bank, FSB (Plaintiff)

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  • 02/08/2018
  • DocketProof of Service of Summons and Complaint; Filed by American Express Bank, FSB (Plaintiff)

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  • 02/08/2018
  • DocketDeclaration re: Due Diligence; Filed by American Express Bank, FSB (Plaintiff)

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  • 01/29/2018
  • DocketComplaint filed-Summons Issued; Filed by American Express Bank, FSB (Plaintiff)

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  • 01/29/2018
  • DocketSummons; Filed by American Express Bank, FSB (Plaintiff)

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  • 01/29/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Court

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  • 01/29/2018
  • DocketCivil Case Cover Sheet; Filed by American Express Bank, FSB (Plaintiff)

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  • 01/29/2018
  • DocketNotice of Case Management Conference; Filed by Court

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Tentative Rulings

Case Number: EC067946    Hearing Date: April 30, 2021    Dept: A

Motion to Set Aside/Vacate Dismissal

Calendar:

01

Case No.:

EC067946

Hearing Date:

April 30, 2021

Action Filed:

January 29, 2018

Trial Date:

Dismissed on February 27, 2021

MP:

Plaintiff American Express Bank, FSB

RP:

Defendants Bijan Zoughi a.k.a. Bijan H. Zoughi; Diva Executive d.b.a. Diva Exec Limousine Coach, LLC (no opposition)

ALLEGATIONS:

American Express Bank, FSB ("Plaintiff") filed suit against Bijan Zoughi a.k.a. Bijan H. Zoughi ("Zoughi") and Diva Executive Coach, LLC, a California Limited Liability Company d.b.a. Diva Exec Limousine ("Diva", and together, "Defendants"), alleging that Defendants became indebted to Plaintiff in the amount of $113,343.37 and have not repaid the debt despite Plaintiff's demand for repayment.

Plaintiff filed a Complaint on January 28, 2018, alleging two (2) causes of action sounding in (1) Common Counts and (2) Quantum Meruit.

PRESENTATION:

The Court received the instant motion filed by Plaintiff on November 12, 2020. No opposition or reply has been received by the Court.

RELIEF REQUESTED:

Plaintiff moves to vacate the dismissal and enter judgment against Defendant.

DISCUSSION:

Standard of Review – Pursuant to CCP § 664.6, "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." The request to dismiss and retain jurisdiction must be (1) made during the pendency of the case; (2) made by the litigating parties themselves; and (3) signed or orally requested before the Court by the parties themselves, rather than their counsel. (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917.) The settlement agreement must further be attached to the request. (Id. at p. 918.) (664.6 since January 1, 2021 permits counsel alone to sign.)

Merits – Pursuant to CCP § 664.6, a moving party may only vacate a dismissal and enter judgment against a responding party if it earlier requested the Court to dismiss and retain jurisdiction, and the Court did so. The Court has the exclusive power to retain jurisdiction. On review of the case, the Court finds that Plaintiff filed only a request for dismissal and did not request the Court to dismiss and retain jurisdiction. The Court thus did not retain jurisdiction over the case and must deny the instant motion. The filing of the dismissal, and its entry by the clerk does not reserve jurisdiction – only the court may do that affirmatively.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Plaintiff American Express Bank, FSB's Motion to Vacate came on regularly for hearing on April 30, 2021, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION IS DENIED.

DATE: _______________ _______________________________

JUDGE

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