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 Judges overseeing this case are WILLIAM F. FAHEY and DEIRDRE HILL. 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

WILLIAM F. FAHEY

DEIRDRE HILL

 

Party Details

Plaintiffs and Petitioners

ARI DESIGN AND CONSTRUCTION INC

GUTTMAN JOSEF

Defendants, Respondents and Cross Plaintiffs

DOES 1 TO 50

JDN BROOKS LLC

GUTTMAN JONATHAN

Defendants, Respondents and Cross Defendants

GUTTMAN JONATHAN

GUTTMAN JOSEF

ARI DESIGN AND CONSTRUCTION INC.

SPIKE CONSTRUCTION INC. A NEVADA CORPORATION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VAROZIAN ROUBEN

Defendant and Respondent Attorneys

FREEMAN FREEMAN & SMILEY LLP

GRAHAM CURTIS ALLAN

KRAUSE-LEEMON DAVID RUSSELL

 

Court Documents

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

Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) (AMENDED)

6/19/2019: Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) (AMENDED)

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

6/19/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Notice of Ruling

6/21/2019: Notice of Ruling

CROSS-COMPLAINT FOR BREACH OF CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, FRAUD AND NEGLIGENT MISREPRESENTATION

3/21/2018: CROSS-COMPLAINT FOR BREACH OF CONTRACT, NEGLIGENCE, PROFESSIONAL NEGLIGENCE, FRAUD AND NEGLIGENT MISREPRESENTATION

SUMMONS -

3/21/2018: SUMMONS -

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/20/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

NOTICE OF RULING RE MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR DEFENDANT AND CROSS-COMPLAINANT JDN BROOKS, LLC

8/16/2018: NOTICE OF RULING RE MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR DEFENDANT AND CROSS-COMPLAINANT JDN BROOKS, LLC

Minute Order -

5/23/2018: Minute Order -

CROSS-DEFENDANTS ARI DESIGN CONSTRUCTION, INC., JONATHAN GUTTMAN, AND JOSEF GUTTMAN'S ANSWER TO DEFENDANT JDN BROOKS, LLC'S CROSS-COMPLAINT

6/1/2018: CROSS-DEFENDANTS ARI DESIGN CONSTRUCTION, INC., JONATHAN GUTTMAN, AND JOSEF GUTTMAN'S ANSWER TO DEFENDANT JDN BROOKS, LLC'S CROSS-COMPLAINT

PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., SECTION 170.6)

6/8/2018: PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC., SECTION 170.6)

REQUEST FOR DISMISSAL -

7/6/2018: REQUEST FOR DISMISSAL -

DECLARATION OF ROUBEN VAROZIAN IN SUPPORT OF CCP 170.6

7/13/2018: DECLARATION OF ROUBEN VAROZIAN IN SUPPORT OF CCP 170.6

NOTICE OF CONTINUANCE OF STATUS CONFERENCE AND OSC HEARING

7/20/2018: NOTICE OF CONTINUANCE OF STATUS CONFERENCE AND OSC HEARING

NOTICE ENTRY JUDGMENT/ORDER FILING DISMISS & PROOF OF SERVICE -

7/25/2018: NOTICE ENTRY JUDGMENT/ORDER FILING DISMISS & PROOF OF SERVICE -

NOTICE OF RULING AT ORDER TO SHOW CAUSE RE DISMISAL

1/9/2018: NOTICE OF RULING AT ORDER TO SHOW CAUSE RE DISMISAL

DEFENDANT JDN BROOKS, LLC?S ANSWER TO PLAINTIFF ARI DESIGN AND CONSTRUCTION, INC.?S SECOND AMENDED COMPLAINT

3/21/2018: DEFENDANT JDN BROOKS, LLC?S ANSWER TO PLAINTIFF ARI DESIGN AND CONSTRUCTION, INC.?S SECOND AMENDED COMPLAINT

PROOF OF SERVICE OF SUMMONS

8/11/2017: PROOF OF SERVICE OF SUMMONS

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: BC669106    Hearing Date: June 30, 2020    Dept: 49

Superior Court of California

County of Los Angeles

Ari Design and Construction, Inc.

Plaintiff,

Case No.

BC669106

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