This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 19:45:07 (UTC).

ELECTRIC TURN INVESTMENTS LIMITED VS GREGOR D STRAUSE

Case Summary

On 12/01/2017 ELECTRIC TURN INVESTMENTS LIMITED filed a Contract - Other Contract lawsuit against GREGOR D STRAUSE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RANDOLPH M. HAMMOCK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5146

  • Filing Date:

    12/01/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff and Petitioner

ELECTRIC TURN INVESTMENTS LIMITED

Defendants and Respondents

STRAUSE GREGOR D.

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SPRECHER MAX J. ESQ.

SPRECHER MAX JOSEPH

Defendant Attorney

ECOFF LAWRENCE CRAIG

 

Court Documents

Unknown

2/22/2018: Unknown

NOTICE OF RULING RE: INITIAL CASE MANAGEMENT CONFERENCE

3/2/2018: NOTICE OF RULING RE: INITIAL CASE MANAGEMENT CONFERENCE

DEFENDANT'S ANSWER TO COMPLAINT

3/13/2018: DEFENDANT'S ANSWER TO COMPLAINT

PLAINTIFF'S NOTICE OF DEMURRERS AND DEMURRERS TO DEFENDANT'S ANSWER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MAX J. SPRECHER PURSUANT TO C.C.P. ?430.41

3/27/2018: PLAINTIFF'S NOTICE OF DEMURRERS AND DEMURRERS TO DEFENDANT'S ANSWER TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MAX J. SPRECHER PURSUANT TO C.C.P. ?430.41

Minute Order

4/19/2018: Minute Order

DEFENDANT'S OPPOSITION TO PLAINTIFF'S DEMURRER TO ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES

4/23/2018: DEFENDANT'S OPPOSITION TO PLAINTIFF'S DEMURRER TO ANSWER; MEMORANDUM OF POINTS AND AUTHORITIES

NOTICE OF RESCHEDULING AND RE-SERVICE OF PLAINTIFF'S DEMURRERS TO DEFENDANT'S ANSWER TO COMPLAINT

4/24/2018: NOTICE OF RESCHEDULING AND RE-SERVICE OF PLAINTIFF'S DEMURRERS TO DEFENDANT'S ANSWER TO COMPLAINT

Minute Order

5/24/2018: Minute Order

DEFENDANT'S AMENDED ANSWER TO COMPLAINT

6/29/2018: DEFENDANT'S AMENDED ANSWER TO COMPLAINT

Motion for Summary Judgment

11/16/2018: Motion for Summary Judgment

Request for Judicial Notice

11/16/2018: Request for Judicial Notice

Other -

11/16/2018: Other -

Proof of Personal Service

11/21/2018: Proof of Personal Service

Notice

2/28/2019: Notice

Notice of Ruling

3/8/2019: Notice of Ruling

Unknown

12/1/2017: Unknown

SUMMONS

12/1/2017: SUMMONS

NOTICE OF CASE MANAGEMENT CONFERENCE

12/11/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

20 More Documents Available

 

Docket Entries

  • 06/06/2019
  • Notice ( OF RESCHEDULING DATES); Filed by Electric Turn Investments Limited (Plaintiff)

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  • 03/08/2019
  • Notice of Ruling; Filed by Electric Turn Investments Limited (Plaintiff)

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  • 03/07/2019
  • at 08:35 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion for Summary Judgment - Held - Continued

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  • 03/07/2019
  • Minute Order ( (Hearing on Motion for Summary Judgment)); Filed by Clerk

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  • 02/28/2019
  • Notice (OF NON-OPPOSITION AND REPLY IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT; DECLARATION OF BARNEY BALONICK); Filed by Electric Turn Investments Limited (Plaintiff)

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  • 11/21/2018
  • Proof of Personal Service ([re Motion for Summary Judgment]); Filed by Electric Turn Investments Limited (Plaintiff)

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  • 11/16/2018
  • Other - (appendix Of Evidence In Support Of Motion For Summay Judgment); Filed by Electric Turn Investments Limited (Plaintiff)

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  • 11/16/2018
  • Separate Statement; Filed by Electric Turn Investments Limited (Plaintiff)

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  • 11/16/2018
  • Motion for Summary Judgment

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  • 06/29/2018
  • Amended Answer; Filed by Gregor D. Strause (Defendant)

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40 More Docket Entries
  • 02/14/2018
  • Case Management Statement; Filed by Electric Turn Investments Limited (Plaintiff)

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  • 12/21/2017
  • Proof-Service/Summons; Filed by Electric Turn Investments Limited (Plaintiff)

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  • 12/21/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/11/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 12/11/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/01/2017
  • Notice of Related Cases

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  • 12/01/2017
  • Notice of Related Case; Filed by Electric Turn Investments Limited (Plaintiff)

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  • 12/01/2017
  • Complaint; Filed by Electric Turn Investments Limited (Plaintiff)

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  • 12/01/2017
  • COMPLAINT FOR BREACH OF CONTRACT/GUARANTY

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  • 12/01/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC685146    Hearing Date: January 07, 2020    Dept: 47

Electric Turn Investments Limited v. Gregor D. Strause

 

MOTION FOR SUMMARY JUDGMENT

MOVING PARTY: Plaintiff Electric Turn Investments, Limited

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action for Defendant’s breach of personal guarantee of a debt reduced to judgment after an arbitration award in Plaintiff’s favor.

Plaintiff Electric Turn Investments, Limited moves for summary judgment.

TENTATIVE RULING:

Plaintiff’s motion for summary judgment is GRANTED. Judgment is hereby entered in favor of Plaintiff and against Defendant in the amount of $_____________,[1] including agreed-upon attorney’s fees and costs.

DISCUSSION:

Motion for Summary Judgment

The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)

Here, Plaintiff Electric Turn Investments Limited moves for summary judgment on Plaintiff’s sole cause of action for breach of guaranty agreement.

“A cause of action for breach of contract requires proof of the following elements: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant’s breach; and (4) damages to plaintiff as a result of the breach.” (CDF Firefighters v. Maldonado (2008) 158 Cal.App.4th 1226, 1239.)

Plaintiff has supplied evidence of a written guaranty agreement with Defendant Gregor D. Strause. (Plaintiff’s Separate Statement of Undisputed Material Facts (“UF”) No. 4; Exhs. A, C.) Plaintiff has also supplied evidence that it performed its obligations under the contract. (UF No. 7; Exhs. E, F.) It has also supplied evidence that Defendant has not repaid the loan that was the subject of the guaranty. (UF No. 11; Declaration of Allen Liu ¶ 7; Declaration of Howard Frumes ¶ 5; Declaration of Max J. Sprecher ¶ 12; Exh. R, Responses to RFAs 1, 2.)

In terms of Plaintiff’s damages, the final element of breach of contract, Plaintiff was awarded the outstanding balance of the loan plus costs, attorney’s fees, and interest in an arbitration proceeding it had issued against Avongard Products U.S.A. Ltd. dba Hydraulx, the other party to the loan agreement. (UF Nos. 1, 12, 13.) On October 25, 2017, the arbitration award was confirmed by Department 56 of this Court in the total amount of $642,116. (UF No. 14; Sprecher Decl. ¶ 11 & Exh. Q.) Thus, the amount due under the guaranty agreement includes the principal under the loan agreement, collection costs, attorney’s fees, and interest. (UF Nos. 15-17.)

“On a motion for summary judgment, the initial burden is always on the moving party to make a prima facie showing that there are no triable issues of material fact.” (Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519.) Here, Plaintiff has met its burden to show that there are no triable issues of material fact as to the elements of breach of contract.

Once the moving party has met that burden, section 437c shifts the burden to the opposing party to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. If the opposing party cannot do so, summary judgment should be granted. (Avivi v. Centro Medico Urgente Med. Ctr. (2008) 159 Cal.App.4th 463, 467.)

Here, the motion is unopposed, and Plaintiff has indicated that Defendant has acknowledged that has no opposition to this motion. (Notice to Court Re: Status of Action, 12/4/19, at p. 3.)

Accordingly, the motion for summary judgment is GRANTED. Judgment is hereby entered in favor of Plaintiff and against Defendant in the amount of $_____________, including agreed-upon attorney’s fees and costs.

Moving party to give notice, unless waived.

IT IS SO ORDERED.

Dated: January 7, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org

[1] Plaintiff provided a calculation through the previous hearing date of December 11 but not through the continued hearing date.

Case Number: BC685146    Hearing Date: December 11, 2019    Dept: 47

Electric Turn Investments Limited v. Gregor D. Strause

 

MOTION FOR SUMMARY JUDGMENT

MOVING PARTY: Plaintiff Electric Turn Investments, Limited

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action for Defendant’s breach of personal guarantee of a debt reduced to judgment after an arbitration award in Plaintiff’s favor.

Plaintiff Electric Turn Investments, Limited moves for summary judgment.

TENTATIVE RULING:

On the Court’s own motion, Plaintiff Electric Turn Investments, Limited’s motion for summary judgment is CONTINUED to January 7, 2020, at 8:30 a.m.

The Trial Setting Conference calendared for December 11, 2019 is advanced to this date and CONTINUED to January 7, 2020, at 8:30 a.m.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: December 11, 2019 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org