This case was last updated from Los Angeles County Superior Courts on 03/23/2021 at 12:30:09 (UTC).

GARY CONRAD OTTO VS KASSABIAN DEVELOPMENTS, INC., ET AL

Case Summary

On 07/23/2018 GARY CONRAD OTTO filed a Contract - Other Contract lawsuit against KASSABIAN DEVELOPMENTS, INC . This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9585

  • Filing Date:

    07/23/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

OTTO GARY CONRAD

OTTO HANNA LEE

Defendants and Cross Defendants

MAYA CONSTRUCTION INC.

KASSABIAN DEVELOPMENTS INC.

S & W WATERPROOFING INC.

BUILDER AND REMODELING CONSTRUCTION

KASSABIAN DIKRAN V.

FULL PEN WELDING

OLLIN INTERNATIONAL INC.

FIRE SAFE SYSTEMS INC.

HOT STUFF SHOWERPANS INC.

KASSABIAN GERARD V.

ALAN MAXTON INC.

MIDNIGHT ELECTRIC INC.

SCOTT DAVIS PLUMBING INC.

ACTION ROOFINGS INC.

LUXURY BUILDERS LLC

DAVE'S HEATING & AIR CONDITIONING INC.

DAVE'S HEATING & AIR CONDITIONING (DOE 1)

WELDING FULL PEN

Defendants, Cross Plaintiffs and Cross Defendants

KASSABIAN DEVELOPMENTS INC.

HOT STUFF SHOWERPANS INC.

ALAN MAXTON INC.

LUXURY BUILDERS LLC

DAVE'S HEATING & AIR CONDITIONING INC.

40 More Parties Available

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

KAPLAN JEFFREY S.

KAPLAN JEFFREY STUART

KAPLAN JONATHAN A.

KAPLAN JONATHAN A

KENT LARRY JOEL

Defendant, Plaintiff and Cross Plaintiff Attorneys

KIRK & MYERS

RESNICK & LOUIS

KAPLAN JEFFREY S.

LAW OFFICE OF JENNINGS & LEGASPI

ROPERS MAJESKI KOHN & BENTLEY

CLINTON DAVID ALLEN

ENDRES RICHARD STEPHEN

LAGMAN-LEGASPI CATHERINE CLAIRE

SOBEL STEVEN ALAN

JEFFERY MONA JANE

DILTS GREGORY ALLEN

KAPLAN JEFFREY STUART

HATEM RICHARD CHARLES

WYMAN SAMUEL ARNOLD

KENNEDY KEVIN PETER

FAIRCLOTH MICHAEL S.

MARCUCCI GERMAN ARIEL

Defendant, Cross Defendant and Cross Plaintiff Attorneys

JEFFERY MONA JANE

DILTS GREGORY ALLEN

KENNEDY KEVIN PETER

LAGMAN-LEGASPI CATHERINE CLAIRE

SOBEL STEVEN ALAN

FAIRCLOTH MICHAEL S.

13 More Attorneys Available

 

Court Documents

Notice - NOTICE NOTICE OF PROOF OF SERVICE OF ANSWER TO THIRD AMENDED COMPLAINT

12/18/2020: Notice - NOTICE NOTICE OF PROOF OF SERVICE OF ANSWER TO THIRD AMENDED COMPLAINT

Notice of Ruling

11/4/2020: Notice of Ruling

Motion for Leave - MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

9/29/2020: Motion for Leave - MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

Association of Attorney

5/4/2020: Association of Attorney

Answer

12/18/2019: Answer

Notice of Posting of Jury Fees

11/19/2019: Notice of Posting of Jury Fees

Answer

5/20/2019: Answer

Cross-Complaint

4/23/2019: Cross-Complaint

Case Management Statement

4/30/2019: Case Management Statement

Case Management Statement

4/17/2019: Case Management Statement

Case Management Statement

4/18/2019: Case Management Statement

Case Management Statement

4/18/2019: Case Management Statement

Answer - ANSWER OF DEFENDANT S&W WATERPROOFING, INC. TO PLAINTIFFS SECOND AMENDED COMPLAINT

4/2/2019: Answer - ANSWER OF DEFENDANT S&W WATERPROOFING, INC. TO PLAINTIFFS SECOND AMENDED COMPLAINT

Demand for Jury Trial - Demand for Jury Trial and Notice of Advanced Jury Fees

12/24/2018: Demand for Jury Trial - Demand for Jury Trial and Notice of Advanced Jury Fees

Other - - CIVIL DEPOSIT

9/20/2018: Other - - CIVIL DEPOSIT

Proof of Personal Service -

10/1/2018: Proof of Personal Service -

Demand for Jury Trial

11/2/2018: Demand for Jury Trial

Stipulation and Order - Stipulation and Order to set aside default and permit answer of Midnight Electric, Inc. to be filed

10/29/2018: Stipulation and Order - Stipulation and Order to set aside default and permit answer of Midnight Electric, Inc. to be filed

231 More Documents Available

 

Docket Entries

  • 03/28/2022
  • Hearing03/28/2022 at 09:30 AM in Department M at 1725 Main Street, Santa Monica, CA 90401; Jury Trial

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  • 03/21/2022
  • Hearing03/21/2022 at 09:00 AM in Department M at 1725 Main Street, Santa Monica, CA 90401; Final Status Conference

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  • 01/14/2021
  • Docketat 08:30 AM in Department M; Trial Setting Conference - Held

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  • 01/14/2021
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 01/14/2021
  • DocketNotice of Posting of Jury Fees; Filed by KASSABIAN DEVELOPMENTS, INC. (Defendant)

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  • 01/14/2021
  • DocketNotice of Ruling (Re: Final Status Conference and Trial Dates); Filed by GARY CONRAD OTTO (Plaintiff); HANNA LEE OTTO (Plaintiff); The Otto Family Inter Vivos Trust (Plaintiff)

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  • 12/18/2020
  • DocketNotice (Notice of Proof of Service of Answer to Third Amended Complaint); Filed by DAVE'S HEATING & AIR CONDITIONING, INC. (Defendant)

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  • 12/17/2020
  • DocketStatus Report; Filed by GARY CONRAD OTTO (Plaintiff); KASSABIAN DEVELOPMENTS, INC. (Defendant); LUXURY BUILDERS, LLC (Defendant)

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  • 12/16/2020
  • DocketAnswer; Filed by DAVE'S HEATING & AIR CONDITIONING (DOE 1) (Defendant)

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  • 12/10/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by GARY CONRAD OTTO (Plaintiff); HANNA LEE OTTO (Plaintiff); The Otto Family Inter Vivos Trust (Plaintiff)

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274 More Docket Entries
  • 07/23/2018
  • DocketComplaint Filed

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  • 07/23/2018
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 07/23/2018
  • DocketNotice (NOTICE OF CASE ASSIGNMENT ); Filed by Clerk

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  • 07/23/2018
  • DocketSummons

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  • 07/23/2018
  • DocketNotice; Filed by Clerk

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  • 07/23/2018
  • DocketCivil Case Cover Sheet

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  • 07/23/2018
  • DocketComplaint

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  • 07/23/2018
  • DocketComplaint; Filed by GARY CONRAD OTTO (Plaintiff); HANNA LEE OTTO (Plaintiff)

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  • 07/23/2018
  • DocketSummons; Filed by Plaintiff

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  • 07/23/2018
  • DocketNotice of Case Assignment

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Tentative Rulings

Case Number: SC129585    Hearing Date: November 03, 2020    Dept: M

Case Name: Gary Conrad Otto v. Kassabian Developments, Inc., et al.

Case No.: SC129585

Motion: Leave to File Third Amended Complaint (unopposed)

Hearing Date: 11/3/2020

Background

On September 29, 2020, Plaintiffs Gary Conrad Otto and Hanna Lee Otto, Trustees of The Otto Family Inter Vivos Trust, Dated October 24, 2002 (“Plaintiffs”), filed a motion for leave to file a third amended complaint (TAC). Plaintiffs included the proposed TAC as a stand alone filed document.

On July 23, 2018, Plaintiffs filed a complaint for breach of contract, breach of express warranties, breach of implied warranties and negligence related to construction defects at 32 Sixth Street, Manhattan Beach, California 90266. The complaint named the builder/developer/general Gerard V. Kassabian, (“Gerard”) and Dikran V. Kassabian, (“Dikran”), Kassabian Developments, Inc. (“Kassabian”) and Luxury Builders, LLC (“Luxury Builders”). The first amend complaint filed on August 2, 2018 also named these defendants.

Plaintiffs explain that on March 20, 2019, they filed a second amended complaint. Pursuant to an agreement between Plaintiffs’ counsel and former counsel for Gerard, Dikran, Kassabian, and Luxury Builders, Plaintiffs did not name Gerard and Dikran in the second amended complaint. However, pursuant to that agreement, the parties agreed that Plaintiffs could rename and re-serve Gerard and Dikran at a later date if the facts of case warranted such an action. (See Kent Decl. ¶ 5., Ex. A.). Plaintiffs argue that such facts have been discovered.

On October 5, 2020, Plaintiffs filed a request for dismissal of Ollin International, Inc. with prejudice. Plaintiffs seek to re-name (re-add) Defendants Gerard V. Kassabian, (“Gerard”) and Dikran V. Kassabian, (“Dikran”) and add allegations of alter ego against them as the managing agents of Defendants Kassabian Developments, Inc. (“Kassabian”) and Luxury Builders, LLC (“Luxury Builders”).

Legal Standard

“The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.” (Code Civ. Proc., § 473.) California Code of Civil Procedure section 576 also grants the court power to allow a party to amend its pleading.

California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties to an action. (Dieckmann v. Superior Court (1985) 175 Cal.App.3d 345, 352.) Generally, amendment must be permitted unless there is unwarranted delay in requesting leave to amend or undue prejudice to the opposing party. (Duchrow v. Forrest (2013) 215 Cal.App.4th 1359, 1377.) Even if a good amendment is proposed in proper form, unwarranted delay in presenting it may – of itself—be a valid reason for denial. (Emerald Bay Community Association v. Golden Eagle Ins. Corp. (2005) 130 Cal.App.4th 1078, 1097.)

Analysis

As noted above, Plaintiffs seek to re-name Defendants Gerard and Dikran as well as to add alter ego allegations. Plaintiffs explain that they initially agreed to dismiss these defendants because Luxury Builders and Kassabian had told Plaintiffs that they had sufficient insurance to cover Gerard and Dikran. However, Plaintiffs argue that after discovery there is a substantial likelihood that the insurance would not cover Gerard and Dikran.

Plaintiffs also argue that discovery that was stayed. Plaintiffs point to a case management order in support of this argument. The case management order of August 2019 does not state that a stay was ever imposed or lifted on June 26, 2020. The revised CMO listed June 22, 2020 as the trial date and May 22, 2020 as the discovery cutoff. (See 09/04/2019 Notice of entry of order re: revised CMO timeline.) Plaintiffs argue that Defendants would not be prejudiced because they could conduct discovery on the issues raised by the TAC. However, it appears that the discovery cutoff has passed.

While the motion is unopposed, the Court is concerned that Plaintiff’s have not demonstrated a lack of prejudice due to discovery being closed. Therefore, the motion to file a TAC is tentatively denied.

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