This case was last updated from Los Angeles County Superior Courts on 01/02/2023 at 05:26:14 (UTC).

CALCULATED RISK ANALYTICS LLC DBA EXCELERATE CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY VS ANASTASIIA VERESHCHAK, ET AL.

Case Summary

On 10/15/2020 CALCULATED RISK ANALYTICS LLC DBA EXCELERATE CAPITAL, A CALIFORNIA LIMITED LIABILITY COMPANY filed a Property - Other Property Fraud lawsuit against ANASTASIIA VERESHCHAK,. This case was filed in Los Angeles County Superior Courts, Alhambra Courthouse located in Los Angeles, California. The Judges overseeing this case are COLIN P. LEIS and RALPH C. HOFER. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0868

  • Filing Date:

    10/15/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

COLIN P. LEIS

RALPH C. HOFER

 

Party Details

Plaintiff

CALCULATED RISK ANALYTICS LLC DBA EXCELERATE CAPITAL A CALIFORNIA LIMITED LIABILITY COMPANY

Cross Plaintiffs and Defendants

KADIMYAN HASMIK

DADYAN TAMARA

VERESHCHAK ANASTASIIA

BARKHORDARIAN EDWIN

BOULEVARD ESCROW SERVICES INC. A CALIFORNIA CORPORATION

GHOREISHI GOLIE

HARITUNIAN ARA

AVETIKIAN AVITIS

1432 AVETIKYAN FAMILY TRUST A BUSINESS TRUST FORM UNKNOWN "TRUST DEFENDANT"

AVETIS AVETIKIAN AND NARINE AVETIKYAN TRUSTEES OF THE 1432 AVETIKIAN FAMILY TRUST

Cross Defendants and Defendants

AVETIKIAN AVITIS

ARTISTIC METAL ROE 6

J HO PLUMBING INC. ROE 5

NEW CENTURY HEATING AND AIR CONDITIONING ROE 3

RAMAY AIR CONDITIONING ROE 2

THE ROOFING COMPANY ROE 1

UNITED FIRE ROE 7

WONDERFUL POOLS AND SPAS ROE 4

3 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

BRANES LARISSA ANN

Defendant Attorneys

MILLER WARREN K

SCHORR ZACHARY DAVID

Cross Plaintiff Attorney

BOULGOURJIAN RAFFY

Cross Defendant Attorney

HELLER BENJAMIN WILLIAM

 

Court Documents

Motion to Be Relieved as Counsel

11/21/2022: Motion to Be Relieved as Counsel

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

11/21/2022: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

10/20/2022: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice - NOTICE OF STATUS CONFERENCE AND TRIAL SETTING CONFERENCE

10/20/2022: Notice - NOTICE OF STATUS CONFERENCE AND TRIAL SETTING CONFERENCE

Status Report

10/14/2022: Status Report

Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR COURT TO RETAIN JURISDICTION PURSUANT TO CODE OFCIVIL PROCEDURE SECTION 664.6 TO ENFORCE SETTLEMENT AGREEMENT; [PROPOSED] ORDER THEREON

7/28/2022: Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR COURT TO RETAIN JURISDICTION PURSUANT TO CODE OFCIVIL PROCEDURE SECTION 664.6 TO ENFORCE SETTLEMENT AGREEMENT; [PROPOSED] ORDER THEREON

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: SETTLEMENT)

7/27/2022: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: SETTLEMENT)

Notice of OSC - NOTICE OF OSC (NAME EXTENSION) DISMISSAL (SETTLEMENT)

7/27/2022: Notice of OSC - NOTICE OF OSC (NAME EXTENSION) DISMISSAL (SETTLEMENT)

Status Report

7/12/2022: Status Report

Notice - NOTICE OF STATUS CONFERENCE RE SETTLEMENT

5/10/2022: Notice - NOTICE OF STATUS CONFERENCE RE SETTLEMENT

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: STATUS OF STAY)

5/10/2022: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: STATUS OF STAY)

Declaration - DECLARATION OF LARISSA A. BRANES RE: ORDER TO SHOW CAUSE-STATUS OF STAY

4/28/2022: Declaration - DECLARATION OF LARISSA A. BRANES RE: ORDER TO SHOW CAUSE-STATUS OF STAY

Notice of Continuance

3/10/2022: Notice of Continuance

Proof of Service (not Summons and Complaint)

3/10/2022: Proof of Service (not Summons and Complaint)

Notice Re: Continuance of Hearing and Order

3/7/2022: Notice Re: Continuance of Hearing and Order

Notice - NOTICE : STATUS CONFERENCE RULING RE: STAY IN RELATION TO DEFENDANT TAMARA DADYAN"S FEDERAL CASE AND NOTICE OF OSC

3/2/2022: Notice - NOTICE : STATUS CONFERENCE RULING RE: STAY IN RELATION TO DEFENDANT TAMARA DADYAN"S FEDERAL CASE AND NOTICE OF OSC

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE STAY IN RELATION TO DEFENDANT TAMARA DAD...)

3/1/2022: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE STAY IN RELATION TO DEFENDANT TAMARA DAD...)

Declaration - DECLARATION OF LARISSA A. BRANES RE: STATUS CONFERENCE

2/28/2022: Declaration - DECLARATION OF LARISSA A. BRANES RE: STATUS CONFERENCE

117 More Documents Available

 

Docket Entries

  • 01/24/2023
  • Hearing01/24/2023 at 08:30 AM in Department 3 at 150 West Commonwealth, Alhambra, CA 91801; Case Management Conference

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  • 01/24/2023
  • Hearing01/24/2023 at 08:30 AM in Department 3 at 150 West Commonwealth, Alhambra, CA 91801; Trial Setting Conference

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  • 01/19/2023
  • Hearing01/19/2023 at 08:30 AM in Department 3 at 150 West Commonwealth, Alhambra, CA 91801; Hearing on Motion to be Relieved as Counsel

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  • 11/21/2022
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney

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  • 11/21/2022
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Avitis Avetikian (Defendant)

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  • 11/21/2022
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 01/19/2023 at 08:30 AM in Alhambra Courthouse at Department 3

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  • 10/20/2022
  • DocketNotice of Status Conference and Trial Setting Conference; Filed by: Calculated Risk Analytics LLC dba Excelerate Capital, a California limited liability company (Plaintiff); As to: Calculated Risk Analytics LLC dba Excelerate Capital, a California limited liability company (Plaintiff); Anastasiia Vereshchak (Defendant); Hasmik Kadimyan (Defendant) et al.

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  • 10/20/2022
  • DocketCase Management Conference scheduled for 01/24/2023 at 08:30 AM in Alhambra Courthouse at Department 3

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  • 10/20/2022
  • DocketTrial Setting Conference scheduled for 01/24/2023 at 08:30 AM in Alhambra Courthouse at Department 3

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  • 10/20/2022
  • DocketMinute Order (Order to Show Cause Re: Dismissal (Settlement))

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197 More Docket Entries
  • 10/16/2020
  • DocketCase assigned to Hon. Ralph C. Hofer in Department D Glendale Courthouse

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  • 10/16/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by: Clerk

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  • 10/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/07/2021 at 08:30 AM in Glendale Courthouse at Department D

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  • 10/16/2020
  • DocketNotice of Case Management Conference; Filed by: Clerk

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  • 10/16/2020
  • DocketCase Management Conference scheduled for 03/17/2021 at 08:30 AM in Glendale Courthouse at Department D

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  • 10/15/2020
  • DocketComplaint; Filed by: Calculated Risk Analytics LLC dba Excelerate Capital, a California limited liability company (Plaintiff); As to: Anastasiia Vereshchak (Defendant); Hasmik Kadimyan (Defendant); Edwin Barkhordarian (Defendant) et al.

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  • 10/15/2020
  • DocketNotice Notice of Related Case; Filed by: Calculated Risk Analytics LLC dba Excelerate Capital, a California limited liability company (Plaintiff); As to: Anastasiia Vereshchak (Defendant); Hasmik Kadimyan (Defendant); Edwin Barkhordarian (Defendant) et al.

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  • 10/15/2020
  • DocketCivil Case Cover Sheet; Filed by: Calculated Risk Analytics LLC dba Excelerate Capital, a California limited liability company (Plaintiff); As to: Anastasiia Vereshchak (Defendant); Hasmik Kadimyan (Defendant); Edwin Barkhordarian (Defendant) et al.

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  • 10/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Calculated Risk Analytics LLC dba Excelerate Capital, a California limited liability company (Plaintiff); As to: Anastasiia Vereshchak (Defendant); Hasmik Kadimyan (Defendant); Edwin Barkhordarian (Defendant) et al.

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  • 10/15/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: *******0868 Hearing Date: January 19, 2023 Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

CALCULATED RISK ANALYTICS LLC,

Plaintiff,

vs.

VERESHCHAK, et al.

Defendants.

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CASE NO.: *******0868

[TENTATIVE] ORDER RE: ZACHARY SCHORR AND STEPHANIE GOLDSTEIN’S MOTION TO BE RELIEVED AS COUNSEL

Dept. 3

8:30 a.m.

January 19, 2023

I. BACKGROUND

On October 15, 2020, plaintiff Calculated Risk Analytics LLC dba Excelerate Capital (“Plaintiff”) brought this action against defendants Anastasia Vereshchak, Hasmik Kadimyan, Edwin Barkhordarian, Golie Ghoreishi, Ara Haritunian, Tamara Dadyan, and Boulevard Escrow Services, Inc., asserting causes of action for fraud, negligence, and breach of fiduciary duty. On July 7, 2021, Avitis Avetikian (“Avetikian”) was added as a defendant.

In July of 2022 the parties reached a settlement agreement to refinance the loan in dispute. Pursuant to the terms of the settlement agreement, the loan at issue was to be refinanced no later than September 15, 2022, and the action dismissed thereafter. However, Defendant Avetikian, who was a party to the settlement agreement, requested an extension of the loan refinance date to October 14, 2022. An amendment to the settlement agreement was sent to the parties. Unfortunately, Avetikian has since passed away.

On November 21, 2022, Zachary Schorr and Stephanie Goldstein (“Counsel”) filed this motion to be relieved as counsel for Avetikian. The motion is unopposed.

II. LEGAL STANDARD

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code of Civ. Proc., 284(b).) An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation. (See Cal. Rules of Prof. Conduct 3-700(C)(1).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.)

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires: (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).

III. DISCUSSION

Here, Counsel filed notice and a motion to be relieved as counsel on Form MC-051. Counsel also filed a declaration in support of their motion on Form MC-052. Proof of service indicates that both forms were properly served on all parties who have appeared in this action. In their declaration, Counsel states that they recently learned Mr. Avetikian passed away, that they do not have any contact information for the representative of his estate, and that no one has reached out to retain their services on behalf of the estate. Counsel further states there is an outstanding balance that remains unpaid.

Counsel provides valid reason for withdrawing their representation. Mr. Avetikian has passed away and will not be prejudiced. However, Counsel has not filed a proposed order on Form MC-053 as required by California Rule of Court rule 3.1362.

Accordingly, Counsel’s motion to be relieved as counsel is DENIED without prejudice. Counsel must serve Form MC-053 on all parties and file it with the Court. In preparing that order, counsel should be mindful of dates set at the upcoming Case Management and Trial Setting Conference in this matter. The date currently on the docket for those is January 24, 2023, but that date will be modified and counsel should check the docket of this case for the new date.

IV. CONCLUSION

Zachary Schorr and Stephanie Goldstein’s motion to be relieved as counsel for Defendant Avitis Avetikian is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at alhdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.



Case Number: *******0868    Hearing Date: March 26, 2021    Dept: D

TENTATIVE RULING
Calendar: 8
Date: 3/26/2021
Case No: *******0868 Trial Date:   None Set 
Case Name: Calculated Risk Analytics LLC dba Excelerate Capital v. Vereshchak, et al. 
MOTION TO SET ASIDE DEFAULT 
Moving Party: Defendant Ara T. Haritunian    
Responding Party: Plaintiff Calculated Risk Analytics LLC     
VACATE OR SET ASIDE:
Default (entered December 4, 2020) 
FACTUAL AND PROCEDURAL BACKGROUND:
This is an action brought by plaintiff Calculated Risk Analytics LLC dba Excelerate Capital alleging that defendants engaged in loan fraud with respect to transactions involving residential real property in Pasadena. 
On December 4, 2020, plaintiff filed a Request for Entry of Default as to defendant Ara Haritunian, which was entered as requested the same date. 
On December 17, 2020, defendant Haritunian, in pro per, filed this motion to set aside the default. 
On March 8, 2021, plaintiff filed a Stipulation and Proposed Order to Set Aside Default of Defendant Ara Haritunian, in which the parties stipulated to set aside the default entered against defendant Ara Haritunian on December 4, 2020.   The parties further stipulated that defendant’s answer shall be filed within five days of entry of the order.   The Order submitted with the stipulation was signed by the court on March 8, 2021, and the default has been ordered set aside. 
ANALYSIS:
As set forth above, the parties have entered into a stipulation to set aside the default which is the subject of this motion, and the court has entered an order setting aside the default of December 4, 2021.  The motion accordingly is deemed MOOT. 
 
RULING:
Motion to Set Aside Default and Default Judgment is MOOT in light of the entry on March 8, 2021 of an Order, based on a stipulation of the parties, pursuant to which the default of moving defendant Ara Haritunian entered on December 4, 2020 was ordered set aside.   
GIVEN THE CORONAVIRUS CRISIS, AND TO PROMOTE APPROPRIATE SOCIAL DISTANCING, UNTIL FURTHER ORDERED, DEPARTMENT D IS ENCOURAGING AUDIO OR VIDEO APPEARANCES 
Please make arrangements in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org, and scheduling a remote appearance.  Please note that LACourtConnect offers an audio-only appearance option at a current cost of $15.00 and a video appearance option at a cost of $23.00.   Counsel and parties (including self-represented litigants) are encouraged not to personally appear, unless they have obtained advance permission of the Court.  Anyone who appears in person for the hearing will be required to comply with strict social distancing measures, including, but not limited to, assigned seating, capacity limitations in the courtroom, designated waiting areas, and strictly enforced spacing in line to communicate with court staff.  If no appearance is set up through LACourtConnect, or otherwise, then the Court will assume the parties are submitting on the tentative. 


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