This case was last updated from Los Angeles County Superior Courts on 09/27/2019 at 00:07:33 (UTC).

DIVA LIMOUSINE, LTD VS. PEARL LIMOUSINE SERVICES, LLC, ET AL

Case Summary

On 01/30/2018 a Contract - Business case was filed by DIVA LIMOUSINE, LTD against PEARL LIMOUSINE SERVICES, LLC in the jurisdiction of Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7947

  • Filing Date:

    01/30/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

BENNY C. OSORIO

 

Party Details

Plaintiff and Cross Defendant

DIVA LIMOUSINE LTD A CALIFORNIA CORP.

Defendants and Not Yet Classified

HARTUTYUNYAN ANDY

HARTUTYUNYAN ANUSHAVAN

PEARL LIMOUSINE SERVICES LLC

Defendants, Cross Plaintiffs and Not Yet Classified

HARTUTYUNYAN ANUSHAVAN

PEARL LIMOUSINE SERVICES LLC

 

Court Documents

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

9/25/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice of Change of Address or Other Contact Information

7/11/2019: Notice of Change of Address or Other Contact Information

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

7/23/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Civil Case Cover Sheet

1/30/2018: Civil Case Cover Sheet

Notice of Case Management Conference

1/30/2018: Notice of Case Management Conference

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

3/1/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

3/1/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Notice of Case Reassignment and Order for Plaintiff to Give Notice

4/6/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

4/18/2018: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Legacy Document - LEGACY DOCUMENT TYPE: CROSS-COMPL FLD- NO SUMMONS ISSUED

4/23/2018: Legacy Document - LEGACY DOCUMENT TYPE: CROSS-COMPL FLD- NO SUMMONS ISSUED

Summons - SUMMONS CROSS-COMPLAINT FIRST AMENDED

6/6/2018: Summons - SUMMONS CROSS-COMPLAINT FIRST AMENDED

Legacy Document - LEGACY DOCUMENT TYPE: AMENDED CROSS-COMPLAINT

6/6/2018: Legacy Document - LEGACY DOCUMENT TYPE: AMENDED CROSS-COMPLAINT

Case Management Statement

6/21/2018: Case Management Statement

Minute Order - MINUTE ORDER ENTERED: 2018-08-28 00:00:00

8/28/2018: Minute Order - MINUTE ORDER ENTERED: 2018-08-28 00:00:00

Notice of Case Reassignment and Order for Plaintiff to Give Notice

11/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice of Rejection - Fax Filing - (Second Amended Summons on Cross-Complaint)

9/25/2018: Notice of Rejection - Fax Filing - (Second Amended Summons on Cross-Complaint)

Complaint -

9/13/2018: Complaint -

Miscellaneous - PLAINTIFF/CROSS-DEFENDANT DIVA LIMOUSINE, LTD.'S NOTICE OF DEMURRER AND DEMURRER TO DEFENDANTS/CROSS COMPLAINANTS PEARL LIMOUSINE SERVICES, LLC AND ANUSHAVAN HIARTUTYUNYAN, AKA A

7/3/2018: Miscellaneous - PLAINTIFF/CROSS-DEFENDANT DIVA LIMOUSINE, LTD.'S NOTICE OF DEMURRER AND DEMURRER TO DEFENDANTS/CROSS COMPLAINANTS PEARL LIMOUSINE SERVICES, LLC AND ANUSHAVAN HIARTUTYUNYAN, AKA A

19 More Documents Available

 

Docket Entries

  • 09/25/2019
  • Docketat 09:41 AM in Department B; Nunc Pro Tunc Order

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  • 09/25/2019
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: Dismissal (Settlement) - Held

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  • 09/25/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 09/25/2019
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 09/25/2019
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal (Settlement)) of 09/25/2019); Filed by Clerk

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  • 07/29/2019
  • Docketat 08:30 AM in Department B; Jury Trial - Not Held - Advanced and Vacated

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  • 07/23/2019
  • Docketat 09:30 AM in Department B; Final Status Conference - Held

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  • 07/23/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 07/11/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Steven Abraham Wolvek (Attorney)

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  • 06/19/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Diva Limousine, LTD, a California corp. (Legacy Party)

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24 More Docket Entries
  • 04/06/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 04/06/2018
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 03/01/2018
  • DocketNotice; Filed by Diva Limousine, LTD, a California corp. (Legacy Party)

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  • 03/01/2018
  • DocketNotice; Filed by Diva Limousine, LTD, a California corp. (Legacy Party)

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  • 02/20/2018
  • Docketat 08:30 AM in Department B; Unknown Event Type

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  • 01/30/2018
  • DocketSummons; Filed by null

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  • 01/30/2018
  • DocketComplaint filed-Summons Issued; Filed by Diva Limousine, LTD, a California corp. (Legacy Party)

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  • 01/30/2018
  • DocketCivil Case Cover Sheet; Filed by Diva Limousine, LTD, a California corp. (Legacy Party)

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  • 01/30/2018
  • DocketNotice of Case Management Conference; Filed by Court

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  • 01/30/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Court

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Tentative Rulings

Case Number: EC067947    Hearing Date: February 28, 2020    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

diva limousine, ltd.,

Plaintiff,

v.

PEARL LIMOUSINE SERVICES, LLC, et al.,

Defendants.

Case No.: EC067947

Hearing Date: February 28, 2020

[TENTATIVE] order RE:

motion to vacate dismissal for the limited purpose of filing a stipulation for entry of judgment and judgment

BACKGROUND

A. Allegations

Plaintiff Diva Limousine, Ltd. (“Diva”) commenced this action on January 30, 2018, alleging causes of action for: (1) intentional interference with economic relationship; and (2) preliminary and permanent injunction. Diva alleges that it provides transportation services to both individuals and businesses throughout the United States. It alleges that during peak travel seasons, it utilizes the services of its Affiliate Business Partners in its “Affiliate Program.” Diva alleges that Defendant Anusha Van Hartutyunan aka Andy Hartutyunyan (“Hartutyunyan”), on behalf of Defendant Pearl Limousine Services, LLC (“Pearl”), submitted an application to become one of Diva’s Affiliate Business Partners. Diva alleges it retained Pearl’s services in 2015 to 2017, but in late-2017, a disagreement arose. Diva alleges that Hartutyunyan demanded payment for what he claimed were unpaid invoices and that he contacted Diva’s customers to discredit and disrupt Diva’s business.

Pearl filed the Second Amended Cross-Complaint (“SACC”) against Diva on September 13, 2018 for: (1) breach of contract; and (2) common counts. Pearl alleges that the parties entered into a written Affiliate Application and that, pursuant to the terms, Diva promised to pay all invoices submitted by Pearl. Pearl alleges that in January 2018, Diva failed to pay on the submitted invoices from August to December 2017. Thus, Pearl alleges total damages in an amount exceeding $85,000.00.

B. Relevant Background and Motion on Calendar

On July 23, 2019, defense counsel represented to the Court that the case had settled.

On September 25, 2019, the Court noted that no appearances had been made by Plaintiff or Defendants. Taking into consideration the parties’ failure to appear and their representations that the case had settled, the Court ordered the complaint filed by Plaintiff Diva on January 30, 2018 to be dismissed without prejudice.

On December 6, 2019, Pearl filed a proposed Judgment by Court on Stipulation, pursuant to a CCP §664.6 request that the Court retain jurisdiction of the matter. That same day, a Stipulation for Civil Judgment was filed such that judgment would be entered in favor of Cross-Complainant Pearl against Diva in the amount of $85,000, and that Diva would take nothing against Defendants by way of the complaint. Neither of these documents are signed by the Court.

On January 14, 2020, Pearl filed a motion to vacate the dismissal for the limited purpose of filing a stipulation for entry of judgment and judgment.

The Court is not in receipt of an opposition brief.

DISCUSSION

Pearl moves pursuant to CCP §473(b) to vacate the dismissal entered in this action for the limited purpose to allow the filing of a stipulation for entry of judgment and judgment.

In support of the motion, Pearl provides the declaration of its counsel, Steven A. Wolvek. Mr. Wolvek states that he appeared at the July 23, 2019 final status conference to advise the Court that the matter had been settled and a settlement agreement was being prepared. (Wolvek Decl., ¶2.) The Court then set an OSC re Dismissal on September 25, 2019. (Id.) Confusingly, Mr. Wolvek states that he had a family law case on that same day so he was unaware of when the Court set the OSC hearing date. (Id., ¶3.) It is unclear if Mr. Wolvek meant the family law hearing was on July 23, 2019 (FSC) or September 25, 2019 (OSC). Regardless, it appears that he knew of the OSC re Dismissal date because he was present at the July 23, 2019 FSC.

Mr. Wolvek then states that the parties eventually drafted and entered into a settlement agreement, but Diva breached the agreement. (Id., ¶¶4-5, Ex. A.) He states that after Diva failed to cure the breach, he prepared a judgment in this case and sent a copy to the appearance attorney who would attend the OSC on his behalf. (Id., ¶6.) He states that it was his intention that the appearance attorney request a 30-day continuance of the OSC so that he could file a judgment to conclude the case. (Id.) Mr. Wolvek later discovered that the appearance attorney had failed to appear at the OSC and this case was subsequently dismissed. (Id.)

While the declaration is somewhat confusingly written, it appears that Mr. Wolvek intended to appear through an appearance counsel to the September 25, 2019 OSC re Dismissal hearing, but the appearance counsel failed to attend the hearing, which resulted in the dismissal being entered in this case. Pearl seeks to set aside the dismissal for the limited purpose of filing a Stipulation for Civil Judgment. The Court finds that there is substantive merit to granting this motion based on attorney fault and the timeliness of the request.

Thus, the Court will set aside the dismissal.

CONCLUSION AND ORDER

The Court grants the motion to vacate the dismissal entered on September 25, 2019.

A Case Management Conference is set on March 26, 2020, at 8:30 a.m. in this department.

Pearl shall provide notice of this order.