This case was last updated from Los Angeles County Superior Courts on 01/05/2022 at 02:27:47 (UTC).

CREDITORS ADJUSTMENT BUREAU, INC. VS. HOMER CONSTRUCTION,INC

Case Summary

On 02/26/2018 CREDITORS ADJUSTMENT BUREAU, INC filed a Contract - Debt Collection lawsuit against HOMER CONSTRUCTION,INC. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are JOHN J. KRALIK, ELAINE W. MANDEL, PAUL A. BACIGALUPO and SHIRLEY K. WATKINS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6921

  • Filing Date:

    02/26/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JOHN J. KRALIK

ELAINE W. MANDEL

PAUL A. BACIGALUPO

SHIRLEY K. WATKINS

 

Party Details

Plaintiff

CREDITORS ADJUSTMENT BUREAU INC.

Defendants and Not Classified By Court

HOMER CONSTRUCTION INC

HOMER CONSTUCTION

HOMER CONSTRUCTION INC.

DOES 1 TO 10

CONSTUCTION HOMER

HOMER CONSTRUCTION INC. AKA HOMER CONSTRUCTION INC. AKA HOMER CONSTRUCTION

Attorney/Law Firm Details

Plaintiff Attorneys

FREED KENNETH JAY

WEEKS DAVID EDWARD

Defendant Attorneys

AYVAZI RAFIK .

AYVAZI RAFIK

 

Court Documents

Order - ORDER RE: MOTION FOR SUMMARY ADJUDICATION

12/2/2021: Order - ORDER RE: MOTION FOR SUMMARY ADJUDICATION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY ADJUDICATION) OF 12/02/2021

12/2/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR SUMMARY ADJUDICATION) OF 12/02/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY ADJUDICATION)

12/2/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR SUMMARY ADJUDICATION)

Memorandum of Costs (Summary)

12/6/2021: Memorandum of Costs (Summary)

Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

11/8/2021: Opposition - OPPOSITION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

Declaration - DECLARATION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

11/8/2021: Declaration - DECLARATION DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION

Reply - REPLY PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION

11/16/2021: Reply - REPLY PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION

Separate Statement

8/25/2021: Separate Statement

Motion for Summary Adjudication

8/24/2021: Motion for Summary Adjudication

Notice of Stay of Proceedings (Bankruptcy)

1/29/2021: Notice of Stay of Proceedings (Bankruptcy)

Declaration - DECLARATION OF KENNETH J. FREED RE STATUS OF DEFENDANT'S CHAPTER 7 BANKRUPTCY AND REQUEST TO RESCHEDULE TRIAL SETTING CONFERENCE

1/29/2021: Declaration - DECLARATION OF KENNETH J. FREED RE STATUS OF DEFENDANT'S CHAPTER 7 BANKRUPTCY AND REQUEST TO RESCHEDULE TRIAL SETTING CONFERENCE

Notice of Stay of Proceedings (Bankruptcy)

2/1/2021: Notice of Stay of Proceedings (Bankruptcy)

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW (RE: NOTICE OF STAY))

2/4/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW (RE: NOTICE OF STAY))

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW (RE: NOTICE OF STAY)) OF 02/04/2021

2/4/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW (RE: NOTICE OF STAY)) OF 02/04/2021

Request - REQUEST TO LIFT AUTOMATIC STAY

4/30/2021: Request - REQUEST TO LIFT AUTOMATIC STAY

Order - ORDER RE: LIFTING BANKRUPTCY STAY

5/28/2021: Order - ORDER RE: LIFTING BANKRUPTCY STAY

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER RE: LIFTING BANKRUPTCY STAY AND NOTICE OF TRIAL SETTING CONFERENCE]

6/2/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [ORDER RE: LIFTING BANKRUPTCY STAY AND NOTICE OF TRIAL SETTING CONFERENCE]

Status Report

6/4/2021: Status Report

51 More Documents Available

 

Docket Entries

  • 02/14/2022
  • Hearing02/14/2022 at 09:30 AM in Department T at 6230 Sylmar Ave., Van Nuys, CA 91401; Non-Jury Trial

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  • 02/04/2022
  • Hearing02/04/2022 at 08:30 AM in Department T at 6230 Sylmar Ave., Van Nuys, CA 91401; Final Status Conference

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  • 12/06/2021
  • DocketMemorandum of Costs (Summary); Filed by Creditors Adjustment Bureau, Inc. (Plaintiff)

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  • 12/02/2021
  • Docketat 08:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion for Summary Adjudication - Held - Motion Granted

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  • 12/02/2021
  • DocketOrder (Re: Motion for Summary Adjudication); Filed by Clerk

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  • 12/02/2021
  • DocketCertificate of Mailing for ((Hearing on Motion for Summary Adjudication) of 12/02/2021); Filed by Clerk

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  • 12/02/2021
  • DocketMinute Order ( (Hearing on Motion for Summary Adjudication)); Filed by Clerk

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  • 11/16/2021
  • DocketReply (PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO MOTION FOR SUMMARY ADJUDICATION); Filed by Creditors Adjustment Bureau, Inc. (Plaintiff)

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  • 11/08/2021
  • DocketDeclaration (DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION); Filed by Homer Construction, Inc. (Defendant)

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  • 11/08/2021
  • DocketOpposition (DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY ADJUDICATION); Filed by Homer Construction, Inc. (Defendant)

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80 More Docket Entries
  • 04/06/2018
  • DocketAnswer; Filed by Homer Construction, Inc. (Defendant)

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  • 04/04/2018
  • DocketProof of Service of Summons and Complaint; Filed by Creditors Adjustment Bureau, Inc. (Plaintiff)

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  • 03/19/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Creditors Adjustment Bureau, Inc. (Plaintiff)

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  • 03/09/2018
  • Docketat 00:00 AM in Department T; Unknown Event Type

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  • 03/09/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 03/09/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 02/26/2018
  • DocketCivil Case Cover Sheet; Filed by Creditors Adjustment Bureau, Inc. (Plaintiff)

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  • 02/26/2018
  • DocketNotice of Case Management Conference; Filed by null

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  • 02/26/2018
  • DocketComplaint; Filed by Creditors Adjustment Bureau, Inc. (Plaintiff)

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  • 02/26/2018
  • DocketSummons Filed

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Tentative Rulings

b"

Case Number: LC106921 Hearing Date: December 2, 2021 Dept: T

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CREDITORS ADJUSTMENT BUREAU, INC.,

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Plaintiff,

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vs.

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HOMER\r\n CONSTRUCTION, INC. etc., et al.,

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Defendants.

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CASE NO: LC106921

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[TENTATIVE]\r\n ORDER RE:

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MOTION\r\n FOR SUMMARY ADJUDICATION

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Dept. T

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8:30 a.m.

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December 2, 2021

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[TENTATIVE] ORDER: \r\nPlaintiff Creditors Adjustment Bureau Inc.’s Motion for Summary\r\nAdjudication on the First Cause of Action for Breach of Contract is GRANTED.

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Introduction\r\n

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Plaintiff Creditors Adjustment Bureau Inc. (“Plaintiff”)\r\nmoves for summary adjudication of the claim grounded in breach of contract\r\nagainst Defendant Homer Construction, Inc. (“Defendant.”) Plaintiff’s evidence provides for a prima facie case. The burden shifts to the defendant to establish\r\na triable issue of fact.

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Discussion

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Defendant argues protection of the\r\nbankruptcy proceedings. Only an\r\nindividual may receive a discharge under Chapter 7 Bankruptcy (11 USC sec.\r\n727(a)(1); NLRB v. Better Bldg. Supply Corp. (1988) 837 F.2d 377,\r\n378-379.) Defendant is a corporation and\r\nits argument has no merit.

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Defendant also argues its dissolved\r\nstatus as a defense which is also an unmerited argument. Dissolved corporations\r\nhave capacity to sue and be sued “in the process of winding up their affairs, prosecuting\r\nand defending actions by or against it and enabling it to collect and discharge\r\nobligations, dispose of and convey its property and collect and divide its\r\nassets, but not for the purpose of continuing business except so far as\r\nnecessary for the winding up thereof.” (See Penasquitos, Inc. v. Superior Court\r\n(Barbee) (1991) 53 Cal.3d 1180, 1185—dissolved corporations continue to\r\nexist for purposes of prosecuting and defending lawsuits.) Corps. C. sec. 2010(a) sets no time limit on\r\nsuits against dissolved corporations for injuries resulting from predissolution\r\nconduct. Rather, such suits are subject to the limitations periods applicable\r\nto each cause of action. (Greb v.\r\nDiamond Int'l Corp. (2013) 56 Cal.4th 243, 247.) Corp. C. sec. 2010(b) provides that actions\r\nfor or against corporations do not abate due to dissolution. Claims against the corporation, whether\r\narising (first discovered) before or after its dissolution, may be enforced against\r\nthe corporation itself to the extent of any undistributed assets, including\r\ninsurance (Corp. C. sec. 2011(a).)

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THE MOTION FOR SUMMARY ADJUDICATION\r\nOF THE FIRST CAUSE OF ACTION FOR BREACH OF CONTRACT IS GRANTED AND SHALL BE\r\nINCLUDED IN THE JUDGMENT. IT IS SO\r\nORDERED, MOVING PARTY TO GIVE NOTICE.

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