This case was last updated from Los Angeles County Superior Courts on 07/02/2020 at 02:44:03 (UTC).

ARI DESIGN AND CONSTRUCTION INC VS JDN BROOKS LLC

Case Summary

On 07/19/2017 ARI DESIGN AND CONSTRUCTION INC filed a Contract - Other Contract lawsuit against JDN BROOKS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9106

  • Filing Date:

    07/19/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

ARI DESIGN AND CONSTRUCTION INC

Defendant

JDN BROOKS LLC

Cross Defendants

GUTTMAN JONATHAN

GUTTMAN JOSEF

ARI DESIGN AND CONSTRUCTION INC.

SPIKE CONSTRUCTION INC. A NEVADA CORPORATION

Attorney/Law Firm Details

Defendant Attorney

KRAUSE-LEEMON DAVID RUSSELL

 

Court Documents

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

6/30/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ATTORNEY FEES AS PREVAILING PARTY)

Notice of Ruling

6/30/2020: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

4/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/15/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ATTORNEYS' FEES

4/20/2020: Notice - NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR ATTORNEYS' FEES

Motion for Attorney Fees

1/6/2020: Motion for Attorney Fees

Notice of Change of Address or Other Contact Information

1/2/2020: Notice of Change of Address or Other Contact Information

Judgment

11/6/2019: Judgment

Order - ORDER RULING

10/30/2019: Order - ORDER RULING

Trial Brief

11/5/2019: Trial Brief

Declaration - DECLARATION OF DAVID MALDOFF REGARDING JDN BROOKS, LLC'S DAMAGES

11/5/2019: Declaration - DECLARATION OF DAVID MALDOFF REGARDING JDN BROOKS, LLC'S DAMAGES

Notice - NOTICE OF ENTRY OF JUDGMENT

11/6/2019: Notice - NOTICE OF ENTRY OF JUDGMENT

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE (C/F 7-18 PER EX PARTE OF 6-21-19); J...)

11/6/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE (C/F 7-18 PER EX PARTE OF 6-21-19); J...)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED)

10/30/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED)

Notice of Ruling

10/30/2019: Notice of Ruling

Motion to Deem RFA's Admitted

9/30/2019: Motion to Deem RFA's Admitted

Notice of Ruling

8/16/2019: Notice of Ruling

Proof of Service by Mail

8/19/2019: Proof of Service by Mail

72 More Documents Available

 

Docket Entries

  • 06/30/2020
  • Docketat 2:00 PM in Department 49; Hearing on Motion for Attorney Fees (as Prevailing Party) - Held - Motion Granted

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  • 06/30/2020
  • DocketOrder (RULING); Filed by Clerk

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  • 06/30/2020
  • DocketNotice of Ruling; Filed by JDN Brooks LLC (Defendant)

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  • 06/30/2020
  • DocketMinute Order ( (Hearing on Motion for Attorney Fees as Prevailing Party)); Filed by Clerk

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  • 04/22/2020
  • Docketat 08:31 AM in Department 49; Hearing on Motion for Attorney Fees - Not Held - Continued - Court's Motion

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  • 04/20/2020
  • DocketNotice (of Continuance of Hearing on Motion for Attorneys' Fees); Filed by JDN Brooks LLC (Defendant)

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  • 04/15/2020
  • Docketat 08:30 AM in Department 49; Court Order

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  • 04/15/2020
  • DocketCertificate of Mailing for ((Court Order) of 04/15/2020); Filed by Clerk

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  • 04/15/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 01/16/2020
  • Docketat 08:31 AM in Department 49; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Vacated

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145 More Docket Entries
  • 08/11/2017
  • DocketProof-Service/Summons

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  • 08/11/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 08/03/2017
  • DocketNOTICE OF PENDENCY OF ACTION

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  • 08/03/2017
  • DocketNotice; Filed by ARI Design and Construction Inc (Plaintiff)

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  • 07/24/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 07/24/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/24/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 07/19/2017
  • DocketSUMMONS

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  • 07/19/2017
  • DocketCOMPLAINT FOR: 1. BREACH OF CONTACT; 2. INDEBITATUS ASSUMPSIT; ETC

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  • 07/19/2017
  • DocketComplaint; Filed by ARI Design and Construction Inc (Plaintiff)

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Tentative Rulings

Case Number: ****9106    Hearing Date: June 30, 2020    Dept: 49

Superior Court of California

County of Los Angeles

Ari Design and Construction, Inc.

Plaintiff,

Case No.

****9106

v.

[Tentative] Ruling

JDN Brooks, LLC, et al.

Defendants.

Department 49, Judge Stuart M. RiceHearing Date: June 30, 2020

(1) Defendant/Cross-Complainant’s Motion for Attorney Fees

Moving Party:  Defendant/Cross-Complainant JDN Brooks, LLC

Responding Party:      none

Ruling: JDN’s unopposed motion for attorney fees is granted. JDN is awarded $57,685.25 against cross-defendants Ari Design and Construction, Inc., Jonathan Guttman, Josef Guttman, and Spike Construction, Inc., jointly and severally.

Defendant/cross-complainant JDN Brooks, LLC (JDN) moves for attorney fees in the amount of $57,685.25 as the prevailing party under Civil Code section 1717. Cross-defendants filed no opposition to this motion.

Civil Code section 1717, subdivision (a) states: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.”

Here, there is an indemnification provision in the subject contract which provides for attorney fees arising or resulting from the performance of the work. (See Motion, Exhibit B at p. 18, ; 3.18.1.) The court granted JDN’s motion to deem requests for admissions admitted on October, 30, 2019. On November 6, 2019, JDN proved up its damages and obtained a judgment  against cross-defendants, jointly and severally, in the total amount of $464,000 based on fraud. There is no dispute that JDN is entitled to attorney fees under the subject attorney fee provision.

The first attorney who represented JDN was Robert P. Friedman, who billed $6,894 for his work (about 19.7 hours at a rate of $350/hour). (Declaration of David Krause-Leemon ¶ 11.) JDN was then represented by Freeman, Freeman & Smiley, LLP, which invoiced JDN for $22,726.25 for its representation from July 2017 through September 2018 (about 50.50 hours at $450/hour), when Krause-Leemon was substituted into this action. (Id.) Krause-Leemon seeks $28,065 based on his hourly rate of $450, which indicates he spent about 62.37 hours on this case. (Krouse-Leemon Decl. ¶¶ 8-10, Exhibit C.) The court finds reasonable all the fee rates and the hours spent on this matter by each firm. Therefore, JDN’s motion for attorney fees in the amount of $57,685.25 is granted in full.

JDN is ordered to give notice of this ruling.

Date: June 30, 2020

Honorable Stuart M. Rice

Judge of the Superior Court



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