This case was last updated from Los Angeles County Superior Courts on 06/30/2020 at 10:12:51 (UTC).

DAYAN | HOUMAN VS CARLO O REYES ESQ ET AL

Case Summary

On 05/21/2018 DAYAN HOUMAN filed a Property - Other Property Fraud lawsuit against CARLO O REYES ESQ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SAMANTHA P. JESSNER, ALAN S. ROSENFIELD and YOLANDA OROZCO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6873

  • Filing Date:

    05/21/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

SAMANTHA P. JESSNER

ALAN S. ROSENFIELD

YOLANDA OROZCO

 

Party Details

Plaintiffs and Petitioners

DAYAN | HOUMAN

HOUMAN DAYAN |

Defendants, Respondents and Not Classified By Court

DOES 1-20

CARLO O. REYES LAW OFFICE

CARLO O. REYES ESQ.

THE LAW OFFICES OF CARLO O. REYES

CARLO O. REYES CARLO O.

CARLO O. REYES CARLO O. DBA THE LAW OFFICES OF CARLO O. REYES AKA CARLO O. REYES LAW OFFICE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

THE LAW OFFICE OF WHITNEY D. ACKERMAN

ACKERMAN WHITNEY D. ESQ.

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DEFAULT JUDGMENT) OF 02/28/2020

2/28/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DEFAULT JUDGMENT) OF 02/28/2020

Declaration Pursuant to 585 CCP in Support of Default Judgment

1/2/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration - DECLARATION OF PREJUDGMENT INTEREST BY WHITNEY D. ACKERMAN ESQ.

1/2/2020: Declaration - DECLARATION OF PREJUDGMENT INTEREST BY WHITNEY D. ACKERMAN ESQ.

Declaration Pursuant to 585 CCP in Support of Default Judgment

1/2/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration - DECLARATION FOR PREJUDGMENT INTEREST

10/25/2019: Declaration - DECLARATION FOR PREJUDGMENT INTEREST

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/06/2019

11/6/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/06/2019

Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER)

5/31/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER)

Declaration - DECLARATION PER CCP 435.5 BY WDA IN SUPPORT OF MOTION TO STRIKE ANSWER

3/25/2019: Declaration - DECLARATION PER CCP 435.5 BY WDA IN SUPPORT OF MOTION TO STRIKE ANSWER

Declaration - DECLARATION OF WDA IN SUPPORT OF MOTION TO DEEM ADMITTED AND COMPEL RESPONSES

3/27/2019: Declaration - DECLARATION OF WDA IN SUPPORT OF MOTION TO DEEM ADMITTED AND COMPEL RESPONSES

Minute Order - Minute Order (Case Management Conference; Order to Show Cause Re: Sanctio...)

1/16/2019: Minute Order - Minute Order (Case Management Conference; Order to Show Cause Re: Sanctio...)

Notice - Notice Notice of CMC and OSC Re Sanctions on Defendant for Failure to Appear

1/2/2019: Notice - Notice Notice of CMC and OSC Re Sanctions on Defendant for Failure to Appear

Notice - Notice of continued CMC

11/29/2018: Notice - Notice of continued CMC

CASE MANAGEMENT STATEMENT -

8/10/2018: CASE MANAGEMENT STATEMENT -

PROOF OF SERVICE OF SUMMONS

8/15/2018: PROOF OF SERVICE OF SUMMONS

Answer

11/15/2018: Answer

Request for Entry of Default / Judgment -

9/26/2018: Request for Entry of Default / Judgment -

Minute Order -

9/24/2018: Minute Order -

SUMMONS -

5/21/2018: SUMMONS -

52 More Documents Available

 

Docket Entries

  • 02/28/2020
  • Docketat 08:30 AM in Department 31, Yolanda Orozco, Presiding; Order to Show Cause Re: (Default Judgment) - Held

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  • 02/28/2020
  • DocketMinute Order ( (Order to Show Cause Re: Default Judgment)); Filed by Clerk

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  • 02/28/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Default Judgment) of 02/28/2020); Filed by Clerk

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  • 02/28/2020
  • DocketDefault Judgment; Filed by Dayan | Houman (Plaintiff)

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  • 01/28/2020
  • Docketat 2:27 PM in Department 31, Yolanda Orozco, Presiding; Court Order

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  • 01/28/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 01/28/2020
  • DocketCertificate of Mailing for ((Court Order) of 01/28/2020); Filed by Clerk

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  • 01/02/2020
  • Docketat 08:30 AM in Department 31, Yolanda Orozco, Presiding; Order to Show Cause Re: (Request for Entry of Default/Default Judgment) - Held

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  • 01/02/2020
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by Dayan | Houman (Plaintiff)

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  • 01/02/2020
  • DocketRequest for Entry of Default / Judgment; Filed by Dayan | Houman (Plaintiff)

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73 More Docket Entries
  • 07/30/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Plaintiff/Petitioner

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  • 06/20/2018
  • DocketProof-Service/Summons

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  • 06/20/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 05/25/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/25/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 05/25/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/25/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 05/21/2018
  • DocketSUMMONS

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  • 05/21/2018
  • DocketComplaint; Filed by Dayan | Houman (Plaintiff)

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  • 05/21/2018
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. BREACH OF FIDUCIARY DUTY ;ETC

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Tentative Rulings

Case Number: BC706873    Hearing Date: February 28, 2020    Dept: 31

REQUEST FOR ENTRY OF JUDGMENT GRANTED; CORRECTED JUDGMENT NEEDED.

On May 21, 2018, Plaintiff Dayan | Houman, PLC filed the instant action against Defendant Carlo O. Reyes, Esq. dba The Law Offices of Carlo O. Reyes aka Carlo O. Reyes Law Office and Does 1 through 20. The Complaint asserts causes of action for:

  1. Breach of Fiduciary Duty;

  2. Fraud, Deceit, Intentional Misrepresentation;

  3. Conversion;

  4. Intentional Interference with Perspective Economic Advantage;

  5. Violation of Penal Code § 496; and

  6. Common Counts.

    On August 5, 2019, default was entered as to Defendant Carlo O. Reyes (hereinafter Defendant). On November 14, 2019, Plaintiff dismissed Does 1 through 20 without prejudice. On January 2, 2020, the Court denied without prejudice Plaintiff’s request for entry of default judgment, holding that Plaintiff had failed to submit evidence sufficient to support its request for punitive damages.

    Plaintiff now seeks judgment against Defendant in the total amount of $146,336.15 consisting of $33,988.33 in damages, $101,964.99 in punitive and treble damages, $7,647.37 in prejudgment interest, $1,409.65 in attorneys’ fees, and $1,409.65 in costs.

    Plaintiff has corrected the deficiencies noted in the Court’s January 2, 2020 Minute Order and has provided sufficient evidence to support the judgment sought. However, the Court notes that pre-judgment interest from September 22, 2017 to the date of entry of judgment, February 28, 2020 is $8,278.25.

    Based on the foregoing, Plaintiff’s request for entry of default judgment is GRANTED. Default judgment is entered in the amount of $146,967.03 consisting of $33,988.33 in damages, $101,964.99 in punitive and treble damages, $8,278.25 in prejudgment interest, $1,409.65 in attorneys’ fees, and $1,325.81 in costs. Plaintiff must bring a corrected proposed judgment to the hearing.

Case Number: BC706873    Hearing Date: January 02, 2020    Dept: 31

REQUEST FOR ENTRY OF DEFAULT JUDGMENT IS DENIED WITHOUT PREJUDICE.

On May 21, 2018, Plaintiff Dayan | Houman, PLC filed the instant action against Defendant Carlo O. Reyes, Esq. dba The Law Offices of Carlo O. Reyes aka Carlo O. Reyes Law Office and Does 1 through 20. The Complaint asserts causes of action for:

  1. Breach of Fiduciary Duty;

  2. Fraud, Deceit, Intentional Misrepresentation;

  3. Conversion;

  4. Intentional Interference with Perspective Economic Advantage;

  5. Violation of Penal Code § 496; and

  6. Common Counts.

    On August 5, 2019, default was entered as to Defendant Carlo O. Reyes (hereinafter Defendant). On November 14, 2019, Plaintiff dismissed Does 1 through 20 without prejudice.

    Plaintiff seeks judgment against Defendant in the total amount of $1,155,575.15 consisting of $33,988.33 in damages, $1,101,964.99 in punitive and treble damages, $6,797.52 in prejudgment interest, $11,512.50 in attorneys’ fees, and $1,311.81 in costs.

    Plaintiff has failed to submit evidence sufficient to support its request for punitive damages. Although treble damages are recoverable under Penal Code § 496, Plaintiff has failed to substantiate the amount of punitive damages in excess of that amount. Moreover, although Plaintiff is entitled to recover reasonable attorneys’ fees pursuant to Penal Code § 496, Local Rule 3.214 limits the amount that may be awarded. Accordingly, Plaintiff is entitled only to $1,409.65 in attorneys’ fees.

    Based on the foregoing, Plaintiff’s request for entry of default judgment is DENIED without prejudice.