This case was last updated from Los Angeles County Superior Courts on 06/03/2020 at 17:05:01 (UTC).

CRESTBROOK INSURANCE COMPANY VS CITY OF BEVERLY HILLS

Case Summary

On 05/26/2017 CRESTBROOK INSURANCE COMPANY filed a Property - Eminent Domain lawsuit against CITY OF BEVERLY HILLS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELIZABETH ALLEN WHITE, DEIRDRE HILL and MONICA BACHNER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3164

  • Filing Date:

    05/26/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Eminent Domain

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELIZABETH ALLEN WHITE

DEIRDRE HILL

MONICA BACHNER

 

Party Details

Plaintiffs and Petitioners

CRESTBROOK INSURANCE COMPANY

SCOTTSDALE INSURANCE COMPANY

RAHIMIAN MOJGAN KACHAN

KACHAN SAM

Defendants, Respondents and Cross Plaintiffs

BEVERLY HILLS CITY OF

DOES 1 THROUGH 50

BEHNAM GHODSIAN

GHODSIAN BENHAM

CITY OF BEVERLY HILLS

GHODSIAN BEHNAM

Cross Defendants and Cross Plaintiffs

MOES 1-10 INCLUSIVE

ROES 1-25 INCLUSIVE

GHODSIAN BEHNAM

BEHNAM GHODSIAN

HOBBS JANIE B.

GHODSIAN BENHAM

CITY OF BEVERLY HILLS

MOES 1 THROUGH 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF JEFFREY C. SPARKS

BROWN MICHAEL W. ESQ.

DORENFELDLAW INC.

DORENFELD DAVID K.

SPARKS JEFFREY C.

Defendant and Cross Plaintiff Attorneys

RICHARDS WATSON & GERSHON LAW O/O

BOGGS JOSIAH C. ESQ.

ASAMURA SASKIA T.

WIENER LAURENCE S.

YANG REY S.

Cross Plaintiff and Cross Defendant Attorneys

YANG REY S.

ZOLFAGHARI DARYOUSH ESQ.

 

Court Documents

Summons - SUMMONS ON CROSS COMPLAINT

9/25/2019: Summons - SUMMONS ON CROSS COMPLAINT

Objection - OBJECTION CITY OF BEVERLY HILLS' OBJECTIONS TO DECLARATION OF REY S. YANG

11/7/2019: Objection - OBJECTION CITY OF BEVERLY HILLS' OBJECTIONS TO DECLARATION OF REY S. YANG

Objection - OBJECTION TO EVIDENCE OFFERED BY DEFENDANT GHODSIAN IN SUPPORT OF THE MOTION FOR JUDGMENT ON THE PLEADINGS

12/24/2019: Objection - OBJECTION TO EVIDENCE OFFERED BY DEFENDANT GHODSIAN IN SUPPORT OF THE MOTION FOR JUDGMENT ON THE PLEADINGS

Order - RULING: MOTION FOR JUDGMENT ON THE PLEADINGS

1/10/2020: Order - RULING: MOTION FOR JUDGMENT ON THE PLEADINGS

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE MOTION BY DEFENDA...)

1/29/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE MOTION BY DEFENDA...)

Opposition - OPPOSITION TO CROSS-DEFENDANT HOBBS' EX PARTE MOTION TO CONTINUE THE TRIAL

2/14/2020: Opposition - OPPOSITION TO CROSS-DEFENDANT HOBBS' EX PARTE MOTION TO CONTINUE THE TRIAL

Opposition - OPPOSITION TO DEFENDANT GHODSIAN'S MOTION FOR UNDERTAKING, FILED CONCURRENTLY WITH OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

3/11/2020: Opposition - OPPOSITION TO DEFENDANT GHODSIAN'S MOTION FOR UNDERTAKING, FILED CONCURRENTLY WITH OPPOSITION TO MOTION FOR SUMMARY JUDGMENT

Declaration - DECLARATION OF JON WREN, PH.D., P.E., IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT/UNDERTAKING

3/11/2020: Declaration - DECLARATION OF JON WREN, PH.D., P.E., IN SUPPORT OF OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT/UNDERTAKING

KACHANS' OBJECTION TO NEW EVIDENCE SUBMITTED BY THE CITY OF BEVERLY HILLS WITH THE CITY'S REPLY IN SUPPORT OF MOTION FOR STAY

8/22/2018: KACHANS' OBJECTION TO NEW EVIDENCE SUBMITTED BY THE CITY OF BEVERLY HILLS WITH THE CITY'S REPLY IN SUPPORT OF MOTION FOR STAY

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER SETTING MANDATORY SETTLEMENT CONFERENCE) OF 09/10/2019

9/10/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER SETTING MANDATORY SETTLEMENT CONFERENCE) OF 09/10/2019

Ex Parte Application - EX PARTE APPLICATION NOTICE OF EX PARTE APPLICATION AND EX PARTE APPLICATION BY DEFENDANT BEHNAM GHODSIAN FOR LEAVE TO HAVE HIS MOTION FOR SUMMARY JUDGMENT HEARD LESS THAN 30 DA

10/15/2019: Ex Parte Application - EX PARTE APPLICATION NOTICE OF EX PARTE APPLICATION AND EX PARTE APPLICATION BY DEFENDANT BEHNAM GHODSIAN FOR LEAVE TO HAVE HIS MOTION FOR SUMMARY JUDGMENT HEARD LESS THAN 30 DA

Objection - OBJECTION TO EVIDENCE SUBMITTED IN SUPPLEMENTAL DECLARATION OF PLAINTIFF'S ATTORNEY JEFFREY C. SPARKS

12/20/2019: Objection - OBJECTION TO EVIDENCE SUBMITTED IN SUPPLEMENTAL DECLARATION OF PLAINTIFF'S ATTORNEY JEFFREY C. SPARKS

Declaration - DECLARATION OF REY S. YANG IN SUPPORT OF MOTION BY DEFENDANT BEHNAM GHODSIAN FOR SUMMARY JUDGMENT

1/3/2020: Declaration - DECLARATION OF REY S. YANG IN SUPPORT OF MOTION BY DEFENDANT BEHNAM GHODSIAN FOR SUMMARY JUDGMENT

CITY OF BEVERLY HILLS' REQUEST FOR JUDICIAL NOTICE AND EXHIBITS IN SUPPORT OF REPLY TO OPPOSITIONS BY PLAINTIFFS TO MOTION BY CITY OF BEVERLY HILLS

8/20/2018: CITY OF BEVERLY HILLS' REQUEST FOR JUDICIAL NOTICE AND EXHIBITS IN SUPPORT OF REPLY TO OPPOSITIONS BY PLAINTIFFS TO MOTION BY CITY OF BEVERLY HILLS

Minute Order -

11/2/2017: Minute Order -

CITY OF BEVERLY HILLS' ANSWER TO FIRST AMENDED COMPLAINT FILED BY PLAINTIFFS SAM KACHAN AND MOJGAN KACHAN RAHIMIAN

11/9/2017: CITY OF BEVERLY HILLS' ANSWER TO FIRST AMENDED COMPLAINT FILED BY PLAINTIFFS SAM KACHAN AND MOJGAN KACHAN RAHIMIAN

CROSS-DEFENDANT/CROSS-COMPLAINANT BEHNAM GHODSIAN'S CROSS-COMPLAINT EOR EQUITABLE INDEMNITY AND DECLARATORY RELIEF

9/14/2017: CROSS-DEFENDANT/CROSS-COMPLAINANT BEHNAM GHODSIAN'S CROSS-COMPLAINT EOR EQUITABLE INDEMNITY AND DECLARATORY RELIEF

203 More Documents Available

 

Docket Entries

  • 10/26/2020
  • Hearing10/26/2020 at 10:00 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/21/2020
  • Hearing10/21/2020 at 10:00 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/21/2020
  • Hearing07/21/2020 at 10:00 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other Motion for Undertaking to Secure and Award of Costs

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  • 07/21/2020
  • Hearing07/21/2020 at 10:00 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 06/02/2020
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 04/21/2020
  • Docketat 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial ((estimate5-7-days)) - Not Held - Advanced and Continued - by Court

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  • 04/20/2020
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion - Other (Motion for Undertaking to Secure and Award of Costs) - Not Held - Advanced and Continued - by Court

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  • 04/20/2020
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Summary Judgment - Not Held - Advanced and Continued - by Court

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  • 04/20/2020
  • DocketNotice (OF CONTINUANCE OF HEARING ON MOTION BY DEFENDANT BEHNAM GHODSIAN FOR AN ORDER REQUIRING PLAINTIFF TO FILE AN UNDERTAKING OF $100,000 TO SECURE AN AWARD OF COSTS); Filed by Benham Ghodsian (Defendant)

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  • 04/20/2020
  • DocketNotice (OF CONTINUANCE OF HEARING ON MOTION BY DEFENDANT BEHNAM GHODSIAN FOR SUMMARY JUDGMENT); Filed by Benham Ghodsian (Defendant)

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323 More Docket Entries
  • 06/15/2017
  • DocketNotice of Case Management Conference; Filed by Crestbrook Insurance Company (Plaintiff)

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  • 06/08/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 06/08/2017
  • DocketOSC-RE Other (Miscellaneous); Filed by Clerk

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  • 06/08/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/08/2017
  • DocketORDER TO SHOW CAUSE HEARING

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  • 06/06/2017
  • DocketProof-Service/Summons; Filed by Crestbrook Insurance Company (Plaintiff)

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  • 06/06/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 05/26/2017
  • DocketSUMMONS

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  • 05/26/2017
  • DocketComplaint; Filed by Crestbrook Insurance Company (Plaintiff); Sam Kachan (Plaintiff); Mojgan Kachan Rahimian (Plaintiff) et al.

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  • 05/26/2017
  • DocketCOMPLAINT IN SUBROGATION FOR DAMAGES 1. INVERSE CONDEMNATION; ETC

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Tentative Rulings

Case Number: BC663164    Hearing Date: January 10, 2020    Dept: 48

MOTION FOR JUDGMENT ON THE PLEADINGS

MOVING PARTY: Defendant Behnam Ghodsian

RESPONDING PARTY(S): Plaintiff Crestbrook Insurance Company

PROOF OF SERVICE:

Discussion

1. Fourth Cause of Action (Negligence/Negligence Per Se).

The question of whether Plaintiff or Defendant is primarily liable is a question of fact which cannot be determined on a motion for judgment on the pleadings.

Moreover, regardless of whether the Wastewater Ordinance of the City of Beverly Hills (BHMC § 6-1-301) applies to the duty of care question, a negligence per se cause of action is not a separate cause of action for violation of the ordinance. Rather, it is a common law action for negligence, and the ordinance merely affects the evidentiary burden at trial.

Generally, “ ‘[t]he doctrine of negligence per se is not a separate cause of action, but creates an evidentiary presumption that affects the  [*738] standard of care in a cause of action for negligence.’ [Citation.] [¶] The doctrine of negligence per se does not provide a private right of action for violation of a statute. [Citation.]” (Johnson v. Honeywell Internat. Inc. (2009) 179 Cal.App.4th 549, 555–556 [101 Cal. Rptr. 3d 726], quoting Millard v. Biosources, Inc., supra, 156 Cal.App.4th at p. 1353, fn. 2.) Under the doctrine, “the plaintiff ‘borrows’ statutes to prove duty of care and standard of care.” (179 Cal.App.4th at p. 558.)

Evidence Code section 669 provides that “negligence is presumed if the plaintiff establishes four elements: (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence … the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. The first two elements are normally questions for the trier of fact, while the latter two elements are determined by the trial court as a matter of law. [Citation.]” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420 [107 Cal. Rptr. 2d 50].)

Das v. Bank of America, N.A. (2010) 186 Cal.App.4th 727, 737-38.

In any event, BHMC § 6.1.307(G) is alleged in the 1AC to provide in part: “Maintenance and repair of house connection sewers . . . from the point of connection with the internal facility plumbing to the connection to the public sewer shall be the sole responsibility of the property owner.” 1AC, ¶ 25. The 1AC alleges that Doe 1 (demurring Defendant herein) was negligent in failing to properly maintain and repair the sewer lateral connection from the property, allowing penetration of tree roots and/or foreign materials to enter the City’s sewer system. 1AC, ¶¶ 25, 26. The allegations of the 1AC are taken to be true for purposes of a motion for judgment on the pleadings. County of Orange v. Association of Orange County Deputy Sheriffs (2011) 192 Cal.App.4th 21, 32-33. The allegations are sufficient to give rise to a duty on the part of Defendant to maintain the sewer lateral connection on Defendant’s property.

Defendant did not request that the Court take judicial notice of the BHMC. Further, Defendant’s argument that Defendant had no independent access to the areas underneath the alley does not address Defendant’s ability to access the sewer lateral connection beneath his property (i.e., for instance by way of a scope inspection).

The motion for judgment on the pleadings as to the fourth cause of action is DENIED.

Case Number: BC663164    Hearing Date: January 03, 2020    Dept: 48

MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

MOVING PARTY: Plaintiff Crestbrook Insurance Company

RESPONDING PARTY(S): Defendant Behnam Ghodsian

PROOF OF SERVICE:

Case Number: BC663164    Hearing Date: November 21, 2019    Dept: 48

MOTION TO CONTEST APPLICATION FOR GOOD FAITH DETERIMINATION OF SETTLEMENT

MOVING PARTY: Defendant Benham Ghodsian

RESPONDING PARTY(S): Defendant/Cross-Complainant City of Beverly Hills

PROOF OF SERVICE: