This case was last updated from Los Angeles County Superior Courts on 07/03/2020 at 16:46:21 (UTC).

JOAN IDOYAN TY VS CECILIA QUINN ET AL

Case Summary

On 01/30/2018 JOAN IDOYAN TY filed a Contract - Professional Negligence lawsuit against CECILIA QUINN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DALILA CORRAL LYONS, ELIZABETH ALLEN WHITE, LAURA A. SEIGLE, SAMANTHA JESSNER and DAVID J. COWAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1666

  • Filing Date:

    01/30/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Professional Negligence

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DALILA CORRAL LYONS

ELIZABETH ALLEN WHITE

LAURA A. SEIGLE

SAMANTHA JESSNER

DAVID J. COWAN

 

Party Details

Plaintiffs, Defendants and Petitioners

TY JOAN IDOYAN

QUINN LAW OFFICE

Defendants, Respondents and Petitioners

VASQUEZ DIANA

QUINN CECILIA

QUINN LAW OFFICE APLC

TY JOAN IDOYAN

RUIZ DAVID R.

DOES 1 THROUGH 50

Defendants and Respondents

VASQUEZ DIANA

QUINN CECILIA

QUINN LAW OFFICE APLC

RUIZ DAVID R.

DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ACKERMAN LEE B.

QUINN CECILIA

Defendant Attorneys

BRODSKY BARRY Z.

MULBARGER MITCHELL F.

GIRTEN JODI L.

FOX FRANK OLIVER

 

Court Documents

Proof of Personal Service

10/15/2018: Proof of Personal Service

Notice of Posting of Jury Fees - DEFENDANTS, CECILIA QUINN, QUINN LAW OFFICE, APLC AND DAVID R. RUIZ'S DEPOSIT OF JURY FEES

12/10/2018: Notice of Posting of Jury Fees - DEFENDANTS, CECILIA QUINN, QUINN LAW OFFICE, APLC AND DAVID R. RUIZ'S DEPOSIT OF JURY FEES

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN OPPOSITION TO DEMURRER OF DEFENDANT DIANA VASQUEZ

10/11/2019: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN OPPOSITION TO DEMURRER OF DEFENDANT DIANA VASQUEZ

Declaration - DECLARATION OF JODI L. GIRTEN IN COMPLIANCE WITH CCP 430.41 AND 435 AS TO FIFTH AMENDED COMPLAINT

12/12/2019: Declaration - DECLARATION OF JODI L. GIRTEN IN COMPLIANCE WITH CCP 430.41 AND 435 AS TO FIFTH AMENDED COMPLAINT

CASE MANAGEMENT STATEMENT -

5/8/2018: CASE MANAGEMENT STATEMENT -

NOTICE RE: CONTINUANCE OF HEARING

7/19/2018: NOTICE RE: CONTINUANCE OF HEARING

Minute Order -

9/4/2018: Minute Order -

NOTICE OF RULING RE: NOTICE OF RELATED CASES

9/28/2018: NOTICE OF RULING RE: NOTICE OF RELATED CASES

NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE, ORDER TO SHOW CAUSE AND STATUS CONFERENCE RE NOTICE OF RELATED CASE

9/28/2018: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE, ORDER TO SHOW CAUSE AND STATUS CONFERENCE RE NOTICE OF RELATED CASE

Notice and Acknowledgment of Receipt

10/24/2018: Notice and Acknowledgment of Receipt

Demand for Jury Trial - Demand for Jury Trial and Posting of Advance Jury Fees

11/8/2018: Demand for Jury Trial - Demand for Jury Trial and Posting of Advance Jury Fees

Notice of Case Reassignment/Vacate Hearings

11/13/2018: Notice of Case Reassignment/Vacate Hearings

Notice - Notice of Entry of Order Granting Plaintiff Joan Idoyan Ty Leave to File a Second Amended Complaint

12/5/2018: Notice - Notice of Entry of Order Granting Plaintiff Joan Idoyan Ty Leave to File a Second Amended Complaint

Notice of Posting of Jury Fees - Defendant Diana Vasquez's Notice of Posting Jury Fees

12/6/2018: Notice of Posting of Jury Fees - Defendant Diana Vasquez's Notice of Posting Jury Fees

Case Management Statement

2/26/2019: Case Management Statement

Amended Complaint

5/14/2019: Amended Complaint

Amended Complaint - FOURTH AMENDED COMPLAINT

5/14/2019: Amended Complaint - FOURTH AMENDED COMPLAINT

Answer - ANSWER CECILIA QUINN, QUINN LAW OFFICE, APLC AND DAVID R. RUIZ'S ANSWER TO PLTF'S FOURTH AMENDED COMPLAINT

6/4/2019: Answer - ANSWER CECILIA QUINN, QUINN LAW OFFICE, APLC AND DAVID R. RUIZ'S ANSWER TO PLTF'S FOURTH AMENDED COMPLAINT

78 More Documents Available

 

Docket Entries

  • 09/08/2020
  • Hearing09/08/2020 at 09:30 AM in Department 5 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 06/22/2020
  • Docketat 09:30 AM in Department 48, Laura A. Seigle, Presiding; Jury Trial (Seven to Ten Day Estimate) - Not Held - Vacated by Court

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  • 06/22/2020
  • DocketOrder (Determining Settlement to Be Made in Good Faith); Filed by Clerk

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  • 06/17/2020
  • Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 06/10/2020
  • Docketat 10:00 AM in Department 5; Status Conference - Not Held - Continued - Court's Motion

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  • 05/27/2020
  • Docketat 08:30 AM in Department 5; Non-Appearance Case Review - Held - Continued

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  • 05/27/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 05/27/2020); Filed by Clerk

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  • 05/27/2020
  • DocketMinute Order ( (Non-Appearance Case Review)); Filed by Clerk

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  • 05/18/2020
  • Docketat 08:30 AM in Department 48, Laura A. Seigle, Presiding; Hearing on Motion for Summary Judgment - Not Held - Vacated by Court

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  • 04/28/2020
  • DocketApplication for Determination of Good Faith Settlement; Filed by Diana Vasquez (Defendant)

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150 More Docket Entries
  • 05/16/2018
  • DocketMinute Order

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  • 05/08/2018
  • DocketCASE MANAGEMENT STATEMENT

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  • 05/08/2018
  • DocketCase Management Statement; Filed by Plaintiff/Petitioner

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  • 03/13/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/13/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/13/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 03/13/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/30/2018
  • DocketSUMMONS

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  • 01/30/2018
  • DocketComplaint; Filed by Joan Idoyan Ty (Plaintiff)

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  • 01/30/2018
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. LEGAL MALPRACTICE; ETC

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Tentative Rulings

Case Number: BC691666    Hearing Date: January 09, 2020    Dept: 48

DEMURRER TO COMPLAINT AND MOTION TO STRIKE RE: FIFTH AMENDED COMPLAINT

MOVING PARTY: Defendant Diana Vasquez

RESPONDING PARTY(S): Plaintiff Joan Idoyan Ty

PROOF OF SERVICE:

ANALYSIS

Demurrer

1. Fourth Cause of Action (Fraud).

Plaintiff has amended 43 to sufficiently plead with specificity the alleged fraud by Defendant Vasquez. Further details can be obtained through discovery.

The demurrer to the fourth cause of action is OVERRULED.

2. Fifth Cause of Action (Conspiracy to Commit Fraud).

This cause of action for conspiracy to commit fraud seeks to impose conspiracy liability for the alleged fraud committed by co-Defendant Quinn.

“Conspiracy is not a cause of action, but a legal doctrine that imposes liability on persons who, although not actually committing a tort themselves, share with the immediate tortfeasors a common plan or design in its perpetration.” (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 510–511 [28 Cal. Rptr. 2d 475, 869 P.2d 454].) A civil conspiracy “must be activated by the commission of an actual tort.” (Id. at p. 511.) . . .  [*1022]  . . . . . . To support a conspiracy claim, a plaintiff must allege the following elements: “(1) the formation and operation of the conspiracy, (2) wrongful conduct in furtherance of the conspiracy, and (3) damages arising from the wrongful conduct.” (Kidron v. Movie Acquisition Corp. (1995) 40 Cal.App.4th 1571, 1581 [47 Cal. Rptr. 2d 752]; see Applied Equipment Corp. v. Litton Saudi Arabia Ltd., supra, 7 Cal.4th at p. 511.)

Arei II Cases (2013) 216 Cal.App.4th 1004, 1021-1025.

The Court’s October 24, 2019 final ruling on the demurrer to the fifth cause of action was to sustain the demurrer with leave to amend. Plaintiff did not make any changes in the allegations from the 4AC to the 5AC which would lead to a different ruling.

The demurrer to the fifth cause of action is SUSTAINED without leave to amend,

Motion to Strike

¿ ¶ 47 and Prayer, page 18, line 20 (punitive damages), Prayer on Page 18:18 (punitive damages): DENY. Fraud is sufficiently pled as to the fourth cause of action, which justifies the request for punitive damages. Civil Code § 3294(c).

¿ ¶ 53 (punitive damages): MOOT given the ruling on the demurrer.

¿ Prayer, page 18, line 17 (punitive damages): GRANT as to the fifth cause of action; DENY as to the second[1] cause of action. The request for punitive damages is not proper given the ruling on the demurrer to the fifth cause of action. As to the request for punitive damages re: the second cause of action, there are sufficient allegations that Defendant acted with malice as that term is defined in Civil Code § 3294(c)(1) to include despicable conduct carried on by defendant with a willful and conscious disregard of the rights of others. Plaintiff alleges that Defendant misrepresented the need for legal services provided solely to generate substantial attorney’s fees.

Defendant is ordered to answer the 5AC within 10 days.


[1] The third cause of action is asserted against non-moving Defendant Quinn only.

Case Number: BC691666    Hearing Date: December 19, 2019    Dept: 48

MOTION TO CONSOLIDATE

MOVING PARTY: Plaintiff Joan Idoyan Ty

RESPONDING PARTY(S): No opposition filed.

PROOF OF SERVICE:

ANALYSIS

Motion to Consolidate

Plaintiff Joan Idoyan Ty moves to consolidate the instant action with 18BBCV 00188, Quinn Law Office v. Joan Idoyan Ty, et al.

Los Angeles County Superior Court Local Rule 3.3(g) provides:

(g) Consolidation of Cases.

(1) Cases may not be consolidated unless they are in the same department. A motion to consolidate two or more cases may be noticed and heard after the cases, initially filed in different departments, have been related into a single department, or if the cases were already assigned to that department.

(Bold emphasis and underlining added.)

There is no indication that the instant action, BC691666, was deemed related to 18BBCV00188. In fact, this Court’s April 17, 2019 minute order noted that the motion to consolidate these two cases was denied by Judge William D. Stewart in the Burbank Courthouse.

Accordingly, because it does not appear that the above cases have been deemed related, the motion to consolidate is DENIED.

Case Number: BC691666    Hearing Date: October 24, 2019    Dept: 48

DEMURRER TO COMPLAINT AND MOTION TO STRIKE

MOVING PARTY: Defendant Diana Vasquez

RESPONDING PARTY(S): Plaintiffs Joan Idoyan Ty

PROOF OF SERVICE:

ANALYSIS

Demurrer

1. Fourth Cause of Action (Fraud).

Plaintiff must plead exactly what Defendant Vasquez said, when and in what manner (orally or in writing).

The demurrer to the fourth cause of action is SUSTAINED with leave to amend.

2. Fifth Cause of Action (Conspiracy to Commit Fraud).

This cause of action for conspiracy to commit fraud seeks to impose conspiracy liability for the alleged fraud committed by co-Defendant Quinn.

The alleged conspiracy between Vasquez and Quinn is sufficiently pled.

The demurrer to the fifth cause of action is OVERRULED.

Motion to Strike

¿ ¶¶ 34, 53, Prayer on Page 18:15 (punitive damages): DENY. There are sufficient allegations that Defendant acted with malice as that term is defined in Civil Code § 3294(c)(1) to include despicable conduct carried on by defendant with a willful and conscious disregard of the rights of others. Plaintiff alleges that Defendant misrepresented the need for legal services provided solely to generate substantial attorney’s fees.

¿ ¶ 47 (punitive damages): MOOT given the ruling on the demurrer.

¿ Prayer on Page 18:18 (punitive damages): GRANT with leave to amend. Given the ruling on the demurrer, the fourth cause or action is not viable as against Defendant Vasquez to support this prayer for punitive damages.