This case was last updated from Los Angeles County Superior Courts on 04/26/2019 at 00:07:27 (UTC).

ANASTASIOS "TOM" KARNEZIS VS. TERRA BELLA PASADENA OWNERS

Case Summary

On 05/08/2017 ANASTASIOS TOM KARNEZIS filed a Property - Other Real Property lawsuit against TERRA BELLA PASADENA OWNERS. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6602

  • Filing Date:

    05/08/2017

  • Case Status:

    Other

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

WILLIAM D. STEWART

 

Party Details

Plaintiff

KARNEZIS ANASTASIOS "TOM"

Defendants, Cross Plaintiffs and Not Classified By Court

TERRA BELLA LLC

DSR ENTERPRISES LLC

LEGENDARY DEVELOPMENTS LLC

TERRA BELLA PASADENA OWNERS ASSOCIATION

Cross Defendant

TERRA BELLA PASADENA HOMEOWNERS ASSOCIATION

Attorney/Law Firm Details

Plaintiff Attorneys

KEREKES STEVEN W. THE LAW OFFICES OF

KEREKES STEVEN WILLIAM

Defendant and Cross Plaintiff Attorneys

WOOD SMITH HENNING & BERMAN LLP

HARTSUYKER STRATMAN & WILLIAMS-ABREGO

THE SONI LAW FIRM

RICHARDSON MICHAEL DANTON

CARPENTER GREGORY JAMES

FIX SHEILA ELIZABETH

Defendant and Cross Defendant Attorney

CARPENTER GREGORY JAMES

 

Court Documents

Minute Order

4/24/2019: Minute Order

Notice

1/31/2019: Notice

Unknown

5/8/2017: Unknown

Civil Case Cover Sheet

5/8/2017: Civil Case Cover Sheet

Proof of Service of Summons and Complaint

6/19/2017: Proof of Service of Summons and Complaint

Proof of Service of Summons and Complaint

6/19/2017: Proof of Service of Summons and Complaint

Unknown

9/7/2017: Unknown

Case Management Statement

9/21/2017: Case Management Statement

Unknown

10/6/2017: Unknown

Unknown

4/9/2018: Unknown

Minute Order

4/9/2018: Minute Order

Minute Order

8/22/2018: Minute Order

Notice

8/30/2018: Notice

Notice of Case Management Conference

5/8/2017: Notice of Case Management Conference

Answer

6/22/2017: Answer

Unknown

9/19/2017: Unknown

Unknown

11/6/2017: Unknown

Stipulation

8/22/2018: Stipulation

36 More Documents Available

 

Docket Entries

  • 04/24/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Order to Show Cause Re: (name extension) (Dismissal) - Held

    Read MoreRead Less
  • 04/24/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 04/23/2019
  • Request for Dismissal; Filed by Terra Bella, LLC (Defendant)

    Read MoreRead Less
  • 04/23/2019
  • Request for Dismissal; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 04/18/2019
  • Certificate of Mailing for ([Notice Of Rejection - Request For Dismissal]); Filed by Clerk

    Read MoreRead Less
  • 04/18/2019
  • Notice Of Rejection - Request For Dismissal; Filed by Clerk

    Read MoreRead Less
  • 03/13/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Order to Show Cause Re: (name extension) (Dismissal) - Held - Continued

    Read MoreRead Less
  • 03/13/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal)); Filed by Clerk

    Read MoreRead Less
  • 02/04/2019
  • at 08:30 AM in Department A, William D. Stewart, Presiding; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 02/01/2019
  • at 10:30 AM in Department A, William D. Stewart, Presiding; Final Status Conference - Not Held - Advanced and Vacated

    Read MoreRead Less
42 More Docket Entries
  • 06/19/2017
  • Proof of Service of Summons and Complaint; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 06/19/2017
  • Proof of Service of Summons and Complaint; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 06/19/2017
  • Proof of Service of Summons and Complaint; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 06/19/2017
  • Proof of Service of Summons and Complaint; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 05/16/2017
  • Request For Copies

    Read MoreRead Less
  • 05/08/2017
  • Complaint filed-Summons Issued; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 05/08/2017
  • Summons; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 05/08/2017
  • Notice of Case Management Conference; Filed by Court

    Read MoreRead Less
  • 05/08/2017
  • Civil Case Cover Sheet; Filed by Anastasios "Tom" Karnezis (Plaintiff)

    Read MoreRead Less
  • 05/08/2017
  • OSC-Failure to File Proof of Serv; Filed by Court

    Read MoreRead Less

Tentative Rulings

Case Number: EC066602    Hearing Date: January 10, 2020    Dept: A

Karnezis v Terra Bella HOA

Motion to Enforce Settlement

Calendar:

15

Case No.:

EC066602

Hearing Date:

January 10, 2020

Action Filed:

May 08, 2017

Settlement:

April 23, 2019

MP:

Plaintiff Anastasios “Tom” Karnezis

RP:

Defendant Terra Bella Pasadena Owners Association

ALLEGATIONS:

The instant action arises from construction and maintenance issues allegedly occurring in and around Plaintiff Anastasios “Tom” Karnezis (“Plaintiff”)’s condominium, located at 155 Cordova Street, #502, Pasadena, California (the “Property”), over which Defendants Terra Bella Pasadena Owners Association (“HOA”); Terra Bella, LLC (“Terra Bella”); DSR Enterprises, LLC (“DSR”); Legendary Developments, LLC (“Legendary” and collectively the “Defendants”) are alleged to be responsible for maintaining, repairing, or replacing.

Plaintiff filed his Complaint on May 08, 2017, alleging three causes of action sounding in (1) Violation of Construction Standards, (2) Negligent Misrepresentation, and (3) Nuisance and Trespass.

Cross-Complainants Terra Bella, DSR, and Legendary filed a First Amended Cross-Complaint against Cross-Defendant HOA on November 22, 2017, alleging causes of action sounding in (1) Equitable Indemnity, (2) Total Indemnity, and (3) Contribution.

PRESENTATION:

The action reached a settlement on or about January 29, 2019, wherein HOA agreed to undertake the necessary repairs to remediate the issues raised in the Complaint, and the action was dismissed on or about April 23, 2019.

Plaintiff brought the instant motion to enforce the settlement agreement on December 13, 2019. HOA filed opposition one court day late on December 30, 2019, and a reply brief was received on January 03, 2020.

RELIEF REQUESTED:

Plaintiff moves for an order for HOA to complete all major work within 30 days, and attorney’s fees in the amount of $4,340.00 for bringing the motion.

DISCUSSION:

Standard of Review – Code of Civil Procedure §664.6 permits the trial court to enter judgment in accordance with the terms of a settlement upon the motion of one party, if it determines that the parties have entered into an enforceable settlement. Section 664.6 provides in pertinent part, “[i]f parties to pending litigation stipulate, in 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 in the settlement.”

Under California law, Courts may continue jurisdiction over parties and their litigation, for the purpose of enforcing their settlement agreement, despite a suit's having been dismissed, only when the parties request the retention of jurisdiction in a manner that satisfies the requirements of Code of Civ. Proc. §664.6. Wackeen v. Malis (2002) 97 Cal. App 4th 429, 433. Accordingly, the request for retention of jurisdiction must conform to the three requirements, such that the request to retain jurisdiction must be made: (1) during the pendency of the case, not after the case has been dismissed in its entirety; (2) by the parties themselves; and (3) either in a writing signed by the parties or orally before the court. Wackeen, supra, 97 Cal. App. 4th at 440; see also Sayta v. Chu (2017) 17 Cal. App. 5th 960; Hagan Engineering v. Mills (2003) 115 Cal. App. 4th 1004, 1008 (“ . . . although section 664.6 provides a valuable tool in aid of enforcing settlements, it does not float in the ether to be drawn upon whenever a party seeks enforcement.”).

In the instant matter, the parties made their agreement, but did not request that the Court dismiss and retain jurisdiction. As reflected in the Court’s January 31, 2019, March 13, 2019, and April 24, 2019, neither party made a proper request to the Court to retain jurisdiction under Code of Civ. Proc. §664.6. The record only indicates that the parties voluntarily dismissed the complaint and cross-complaint with prejudice on April 23, 2019.

As this Court has no jurisdiction to give relief, the motion is denied.

---

RULING: Deny

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 Anastasios “Tom” Karnezis’s Motion to Enforce Settlement came on regularly for hearing on January 10, 2020, 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