This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 10:29:35 (UTC).

CHRISTIAN SPANNHOFF, ET AL., VS DEREK AGHCHAY

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7072

  • Filing Date:

    02/14/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiffs

10 NB PARTNERSHIP

SPANNHOFF CHRISTIAN

01 BH PARTNERSHIP

Defendants

AGHCHAY DEREK

BANK OF AMERICA N.A.

Attorney/Law Firm Details

Plaintiff Attorney

FELDMAN STEPHEN M.

Defendant Attorneys

GAVRILOV & BROOKS

LIPPA ALISON V.

LAWRENCE A. AJALAT

 

Court Documents

Minute Order

6/6/2017: Minute Order

Case Management Statement

6/7/2017: Case Management Statement

Notice of Ruling

6/27/2017: Notice of Ruling

Minute Order

7/3/2017: Minute Order

Proof of Service (not Summons and Complaint)

7/7/2017: Proof of Service (not Summons and Complaint)

Legacy Document

8/9/2017: Legacy Document

Proof of Service (not Summons and Complaint)

1/12/2018: Proof of Service (not Summons and Complaint)

Notice of Stay of Proceedings

5/10/2018: Notice of Stay of Proceedings

Minute Order

6/4/2018: Minute Order

Proof of Service (not Summons and Complaint)

6/13/2018: Proof of Service (not Summons and Complaint)

Request for Dismissal

9/13/2018: Request for Dismissal

Reply

9/17/2018: Reply

Notice

10/11/2018: Notice

Notice

4/12/2019: Notice

Unknown

4/12/2019: Unknown

Declaration

5/8/2019: Declaration

Minute Order

5/10/2019: Minute Order

Proof of Personal Service

5/31/2019: Proof of Personal Service

65 More Documents Available

 

Docket Entries

  • 05/31/2019
  • Proof of Personal Service; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)

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  • 05/23/2019
  • Notice (of Application for Mandatory Injunction); Filed by Derek Aghchay (Defendant)

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  • 05/23/2019
  • Application (For Mandatory Injunction); Filed by Derek Aghchay (Defendant)

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  • 05/14/2019
  • Notice of Ruling; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)

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  • 05/10/2019
  • at 10:00 AM in Department P; Contempt Hearing (with a one day estimate) - Held - Continued

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  • 05/10/2019
  • at 09:00 AM in Department P; Order to Show Cause Re: (defendant's failure to appear) - Held

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  • 05/10/2019
  • at 09:00 AM in Department P; Case Management Conference - Held - Continued

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  • 05/10/2019
  • at 09:00 AM in Department P; Hearing on Motion to be Relieved as Counsel - Held

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  • 05/10/2019
  • Order Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Ognian A Gavrilov (Attorney)

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  • 05/10/2019
  • Other - (Substitution of Attorney - Civil); Filed by Derek Aghchay (Defendant)

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141 More Docket Entries
  • 04/12/2017
  • Answer to Complaint Filed (BEHALF OF: DEFENDANT DEREK AGHCHAY ); Filed by Attorney for Defendant

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  • 04/12/2017
  • Answer; Filed by Derek Aghchay (Defendant)

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  • 04/12/2017
  • Notice-Related Cases (W/BC651893 DEPT. 36 ); Filed by Attorney for Plaintiff

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  • 03/24/2017
  • Proof-Service/Summons; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)

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  • 03/24/2017
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 02/14/2017
  • Complaint; Filed by CHRISTIAN SPANNHOFF (Plaintiff); 10 NB PARTNERSHIP (Plaintiff); 01 BH PARTNERSHIP (Plaintiff)

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  • 02/14/2017
  • Civil Case Cover Sheet

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  • 02/14/2017
  • Complaint Filed

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  • 02/14/2017
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 02/14/2017
  • Summons; Filed by Plaintiff

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Tentative Rulings

Case Number: SC127072    Hearing Date: October 05, 2020    Dept: P

 

Tentative Ruling

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.