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This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 08:47:43 (UTC).

FARZAD BIBAYAN VS. ENCINO SOUTH TOWER CONDOMINIUMS HOA

Case Summary

On 03/15/2017 FARZAD BIBAYAN filed a Contract - Other Contract lawsuit against ENCINO SOUTH TOWER CONDOMINIUMS HOA. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judge overseeing this case is VIRGINIA KEENY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5416

  • Filing Date:

    03/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

VIRGINIA KEENY

 

Party Details

Plaintiff

BIBAYAN FARZAD

Defendants and Cross Plaintiffs

DOES 1-10

PASCO INC.

SHARON MICHAEL

ENCINO SOUTH TOWER CONDOMINIUM HOMEOWNERS

PASCOE DAVE

ELEMENT RESTORATION

PASCOE INC.

ELEMENT RESTORATION A CORPORATE ENTITY

Cross Defendant

1 THROUGH 100 ROES

Attorney/Law Firm Details

Plaintiff Attorneys

HAROUT GREG KEOSIAN

KEOSIAN HAROUT GREG

Defendant Attorneys

REAGAN BARRY JAMES

ETKIN ALLISON BROOKE

Cross Plaintiff Attorney

BARGER GLENN THEODORE

 

Court Documents

Minute Order

8/8/2019: Minute Order

Proof of Service of Summons and Complaint

4/3/2017: Proof of Service of Summons and Complaint

Proof of Service of Summons and Complaint

4/5/2017: Proof of Service of Summons and Complaint

Proof of Service of Summons and Complaint

4/5/2017: Proof of Service of Summons and Complaint

Answer

5/9/2017: Answer

Cross-Complaint

5/9/2017: Cross-Complaint

Notice of Case Reassignment and Order for Plaintiff to Give Notice

6/27/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Separate Statement

8/17/2018: Separate Statement

Proof of Service by Mail

8/17/2018: Proof of Service by Mail

Motion to Compel

8/17/2018: Motion to Compel

Motion to Compel

8/17/2018: Motion to Compel

Notice of Motion

8/17/2018: Notice of Motion

Order

8/20/2018: Order

Proof of Personal Service

2/13/2019: Proof of Personal Service

Motion in Limine

2/15/2019: Motion in Limine

Notice

3/15/2019: Notice

Stipulation and Order

3/28/2019: Stipulation and Order

Motion in Limine

6/5/2019: Motion in Limine

53 More Documents Available

 

Docket Entries

  • 09/23/2019
  • Hearingat 08:30 AM in Department W at 6230 Sylmar Ave., Van Nuys, CA 91401; Order to Show Cause - Hearing (name extension)

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  • 08/08/2019
  • Docketat 08:30 AM in Department W, Virginia Keeny, Presiding; Order to Show Cause - Hearing (reDismissal Date) - Held - Continued

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  • 08/08/2019
  • DocketMinute Order ( (Order to Show Cause - Hearing re: Dismissal Date)); Filed by Clerk

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  • 07/15/2019
  • Docketat 09:30 AM in Department W, Virginia Keeny, Presiding; Jury Trial - Not Held - Vacated by Court

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  • 06/28/2019
  • Docketat 09:30 AM in Department W, Virginia Keeny, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 06/18/2019
  • DocketNotice of Settlement; Filed by Farzad Bibayan (Plaintiff)

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  • 06/18/2019
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by Clerk

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  • 06/06/2019
  • DocketJoinder; Filed by Dave Pascoe (Defendant); Pascoe, Inc. (Defendant)

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  • 06/06/2019
  • DocketJoinder; Filed by Dave Pascoe (Defendant); Pascoe, Inc. (Defendant)

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  • 06/05/2019
  • DocketMotion in Limine (Defendants' Motion in Limine No. 4); Filed by Encino South Tower Condominium Homeowners (Defendant); Michael Sharon (Defendant)

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84 More Docket Entries
  • 05/09/2017
  • DocketCross-Complaint; Filed by Pascoe, Inc. (Cross-Complainant); Dave Pascoe (Cross-Complainant)

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  • 04/26/2017
  • DocketProof of Service of Summons and Complaint; Filed by Farzad Bibayan (Plaintiff)

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  • 04/05/2017
  • DocketProof of Service of Summons and Complaint; Filed by Farzad Bibayan (Plaintiff)

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  • 04/05/2017
  • DocketProof of Service of Summons and Complaint; Filed by Farzad Bibayan (Plaintiff)

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  • 04/03/2017
  • DocketProof of Service by Mail; Filed by Farzad Bibayan (Plaintiff)

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  • 04/03/2017
  • DocketProof of Service of Summons and Complaint; Filed by Farzad Bibayan (Plaintiff)

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  • 03/15/2017
  • DocketCivil Case Cover Sheet; Filed by Farzad Bibayan (Plaintiff)

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  • 03/15/2017
  • DocketSummons; Filed by Farzad Bibayan (Plaintiff)

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  • 03/15/2017
  • DocketComplaint; Filed by Farzad Bibayan (Plaintiff)

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  • 03/15/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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Tentative Rulings

Case Number: LC105416    Hearing Date: December 17, 2020    Dept: W

FARZAD BIBAYAN V. ENCINO SOUTH TOWER CONDOMINIUMS HOA

MOTION FOR determination of good faith settlement

Date of Hearing: December 17, 2020 Trial Date: None set.

Department: W Case No.: LC105416

Moving Party: Defendants David Pascoe, Pascoe Inc. dba Element Restoration and Plaintiff Farzad Bibayan

Responding Party: No opposition

BACKGROUND

This matter arises from Plaintiff’s attempt to enforce a prior settlement agreement with Defendant to repair Plaintiff’s condominium unit. Plaintiff is the owner of Unit 14 at the Encino South Towner Condominium and alleges that the repairs were untimely, mismanaged, and below the standard of care.

The instant lawsuit is a companion/follow-up lawsuit to a prior action brought by Plaintiff against the Encino HOA, (Case No.LC092378). As part of the settlement, the HOA paid Plaintiff a certain sum and agreed to repair portions of the Subject Property.

On March 15, 2017, Plaintiff filed the instant complaint against Encino HOA, Michael Sharon, and the Pascoe Defendants. Plaintiff alleges that the HOA failed to carry out and complete repairs in accordance with the settlement agreement, and further, that the Pascoe Defendants were negligent in their repair and restoration of the Subject Property. According to the Complaint, Element performed work at the Subject Property on and off from 2011 through late-2016.

[Tentative] Ruling

Defendants David Pascoe, Pascoe Inc. dba Element Restoration and Plaintiff Farzad Bibayan’s Motion for Determination of Good Faith Settlement is GRANTED.

DISCUSSION

Defendants David Pascoe, Pascoe Inc. dba Element Restoration and Plaintiff Farzad Bibayan move for an order determining the settlement was made in good faith, pursuant to Code of Civil Procedure section 877.6.

The motion for determination of good faith settlement is unopposed. The instant motion and declaration by Plaintiff’s counsel, Allison B. Etkin, sets forth the ground of good faith and the background of the case.

Without admitting fault, the Pascoe Defendants, have agreed to pay Plaintiff the total sum of $70,000 in exchange for a general release of all claims against the Pascoe Defendants, a Code of Civil Procedure section 1542 waiver, a dismissal with prejudice of the Complaint filed by Plaintiff as to the Pascoe Defendants, and the Settling Parties' agreement to each bear their own costs and fees. (Etkin Decl. ¶6.) The settlement was made on the basis of information available to all parties at the time of the settlement and the settlement was reached after extensive arm’s length negotiations. (Etkin Decl. ¶¶7-8.) Moreover, no evidence of collusion, fraud, or tortious conduct and the settlement is not grossly disproportionate to a rough approximation of Plaintiff’s total recovery. (Etkin Decl. ¶10.)

Twenty-five days have passed since the filing of the application or good faith determination without any party filing a noticed motion opposing Defendants application for good faith settlement determination. (Partida Decl. ¶3.) Because no oppositions were filed, the Motion may be granted without consideration of the Tech-Bilt factors and on the basis of setting forth the ground for good faith determination and a brief background of the case. (See City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261 [“[W]e . . . conclude that only when the good faith nature of a settlement is disputed, it is incumbent upon the trial court to consider and weigh the Tech-Bilt factors. That is to say, when no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.”)

The court notes service was completed by certified mail and return receipt requested. (Partida Decl. ¶3, Exh. A.)

Based on the foregoing, the motion is GRANTED.

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