On 02/14/2017 CHRISTIAN SPANNHOFF, filed a Property - Other Real Property lawsuit against DEREK AGHCHAY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
NANCY L. NEWMAN
10 NB PARTNERSHIP
01 BH PARTNERSHIP
BANK OF AMERICA N.A.
FELDMAN STEPHEN M.
GAVRILOV & BROOKS
LIPPA ALISON V.
LAWRENCE A. AJALAT
6/6/2017: Minute Order
6/7/2017: Case Management Statement
6/27/2017: Notice of Ruling
7/3/2017: Minute Order
7/7/2017: Proof of Service (not Summons and Complaint)
8/9/2017: Legacy Document
1/12/2018: Proof of Service (not Summons and Complaint)
5/10/2018: Notice of Stay of Proceedings
6/4/2018: Minute Order
6/13/2018: Proof of Service (not Summons and Complaint)
9/13/2018: Request for Dismissal
5/10/2019: Minute Order
5/31/2019: Proof of Personal Service
Proof of Personal Service; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)Read MoreRead Less
Notice (of Application for Mandatory Injunction); Filed by Derek Aghchay (Defendant)Read MoreRead Less
Application (For Mandatory Injunction); Filed by Derek Aghchay (Defendant)Read MoreRead Less
Notice of Ruling; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)Read MoreRead Less
at 10:00 AM in Department P; Contempt Hearing (with a one day estimate) - Held - ContinuedRead MoreRead Less
at 09:00 AM in Department P; Order to Show Cause Re: (defendant's failure to appear) - HeldRead MoreRead Less
at 09:00 AM in Department P; Case Management Conference - Held - ContinuedRead MoreRead Less
at 09:00 AM in Department P; Hearing on Motion to be Relieved as Counsel - HeldRead MoreRead Less
Order Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Ognian A Gavrilov (Attorney)Read MoreRead Less
Other - (Substitution of Attorney - Civil); Filed by Derek Aghchay (Defendant)Read MoreRead Less
Answer to Complaint Filed (BEHALF OF: DEFENDANT DEREK AGHCHAY ); Filed by Attorney for DefendantRead MoreRead Less
Answer; Filed by Derek Aghchay (Defendant)Read MoreRead Less
Notice-Related Cases (W/BC651893 DEPT. 36 ); Filed by Attorney for PlaintiffRead MoreRead Less
Proof-Service/Summons; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)Read MoreRead Less
Proof-Service/Summons; Filed by Attorney for PlaintiffRead MoreRead Less
Complaint; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)Read MoreRead Less
Civil Case Cover SheetRead MoreRead Less
Complaint FiledRead MoreRead Less
Summons Filed; Filed by Attorney for PlaintiffRead MoreRead Less
Summons; Filed by PlaintiffRead MoreRead Less
Case Number: SC127072 Hearing Date: October 05, 2020 Dept: P
Spannhoff v. Aghchay et al., Case No. SC127072
Hearing Date October 5, 2020
Aghchay’s Motion for Mandatory Injunction; Spannhoff’s Motion for Order of Contempt
Aghchay alleges his neighbor Spannhoff’s property contains an unsafe structure, and a wall on Spannhoff’s property collapsed onto Aghchay’s vehicle. Aghchay seeks an order requiring defendants to retrofit or tear down the structure. Spannhoff seeks an order of contempt, alleging Aghchay repeatedly violated an order not to park on Spannhoff’s property.
Aghchay’s Motion for Mandatory Injunction
When determining whether to grant a preliminary injunction, courts evaluate two interrelated factors: likelihood plaintiff will prevail and interim harm plaintiff is likely to sustain if the injunction were denied, versus harm defendant is likely to suffer if the injunction issued. Bd. of Supervisors of Butte County v. McMahon (1990) 219 Cal.App.3d 286. A mandatory injunction requiring a party to perform an affirmative act is “not permitted except in extreme cases where the right thereto is clearly established.” Shoemaker v. County of Los Angeles et. al. (1995) 37 Cal.App.4th 618, 625.
Aghchay alleges potential harm to his property and family, arguing Spannhoff’s property is dilapidated and has been damaged in recent earthquakes. Aghchay Decl. ¶¶15-19. Aghchay provides City of Los Angeles documents (including a misdemeanor complaint) regarding unpermitted conditions on Spannhoff’s property (Exh. A, C, L), along with photographs of the property and damage to Aghchay’s vehicle. Aghchay Decl. ¶20. Agchay’s evidence that damage is likely to occur due to earthquakes or deterioration is speculative and unsupported by expert opinion. The motion is silent as to the likelihood of prevailing prong. Given the deficiencies, and the significant burden were Spannhoff to be ordered to tear down his structure, Aghchay fails to meet the burden. DENIED.
Spanhnoff’s Motion for OSC Re: Contempt
When contempt occurs outside the presence of the court, the party seeking an order of contempt must present a declaration showing: (1) a valid order, (2) respondent’s knowledge of the order, (3) ability to comply, and (4) willful disobedience of the order. Conn v. Superior Court (1987) 196 Cal.App.3d 774.
On August 30, 2017 this court enjoined Aghchay from parking on Spannhoff’s property, blocking access from the property or interfering with Spannhoff’s “no parking” signs. Spannhoff exhibit B-2. Spannhoff provides declaratory and photographic evidence indicating Aghchay repeatedly violated the order by parking on the property, approximately 92 times between 8/18-4/19. See Feldman declaration ¶12, Spannhoff exhibit C. Aghchay argues the photographs are fabricated. This is not a compelling argument, given the number of violations and the length of time over which they occurred. The factors are met, and the tentative is to hold him in contempt, with sanctions of $5,000 (not the excessive $92,000 requested) and to decline Spannhoff’s request to imprison Aghchay. GRANTED.
DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR REMOTELY VIA LA COURT CONNECT.