This case was last updated from Los Angeles County Superior Courts on 06/03/2022 at 05:17:36 (UTC).

JOEY STEVENS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS VAHE TERZIAN, ET AL.

Case Summary

On 01/19/2021 JOEY STEVENS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against VAHE TERZIAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is KEVIN C. BRAZILE. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2354

  • Filing Date:

    01/19/2021

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

KEVIN C. BRAZILE

 

Party Details

Plaintiff

JOEY STEVENS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Defendants

7TH AND GRAND PROJECT LLC A CALIFORNIA LIMITED LIABILITY COMPANY

TERZIAN VAHE

FRIED RANDALL JAY

Attorney/Law Firm Details

Defendant and Plaintiff Attorneys

NGUYEN LAN

SINCLAIR KEVIN S

 

Court Documents

Case Management Statement

10/6/2021: Case Management Statement

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

10/7/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Notice of Ruling

10/15/2021: Notice of Ruling

Request for Entry of Default / Judgment

11/3/2021: Request for Entry of Default / Judgment

Proof of Service (not Summons and Complaint)

11/3/2021: Proof of Service (not Summons and Complaint)

Request for Entry of Default / Judgment

11/3/2021: Request for Entry of Default / Judgment

Proof of Service (not Summons and Complaint)

11/3/2021: Proof of Service (not Summons and Complaint)

Order - RULING: NOVEMBER 17, 2021

11/17/2021: Order - RULING: NOVEMBER 17, 2021

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: DEFAULT JUDGMENT)

11/17/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: DEFAULT JUDGMENT)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: DEFAULT JUDGMENT) OF 11/17/2021

11/17/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: DEFAULT JUDGMENT) OF 11/17/2021

Stipulation and Order - STIPULATION AND ORDER RE COURT RETENTION OF JURISDICTION PER CCP 664.6

11/24/2021: Stipulation and Order - STIPULATION AND ORDER RE COURT RETENTION OF JURISDICTION PER CCP 664.6

Request for Dismissal

2/16/2022: Request for Dismissal

Request for Dismissal

2/16/2022: Request for Dismissal

Memorandum of Costs (Summary)

3/7/2022: Memorandum of Costs (Summary)

Declaration - DECLARATION OF LAN NGUYEN

3/16/2022: Declaration - DECLARATION OF LAN NGUYEN

Motion to Strike (not initial pleading)

3/16/2022: Motion to Strike (not initial pleading)

Notice - NOTICE OF UNAVAILABILITY OF COUNSEL

3/25/2022: Notice - NOTICE OF UNAVAILABILITY OF COUNSEL

Opposition - OPPOSITION FRIED'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE MEMORANDUM OF COSTS

3/29/2022: Opposition - OPPOSITION FRIED'S OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE MEMORANDUM OF COSTS

56 More Documents Available

 

Docket Entries

  • 05/26/2022
  • Docketat 08:30 AM in Department 20; Hearing on Motion for Sanctions - Not Held - Taken Off Calendar by Party

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  • 05/04/2022
  • DocketNotice of Ruling; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 05/02/2022
  • DocketMotion for Sanctions; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 05/02/2022
  • DocketDeclaration (of Lan Nguyen, Esq. in Support of Motion for Sanctions); Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 04/13/2022
  • Docketat 08:30 AM in Department 20, Kevin C. Brazile, Presiding; Hearing on Motion to Tax Costs - Held - Motion Granted

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  • 04/13/2022
  • DocketRuling: April 13, 2022; Filed by Clerk

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  • 04/13/2022
  • DocketMinute Order ( (Hearing on Motion to Tax Costs)); Filed by Clerk

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  • 04/05/2022
  • DocketDeclaration (Supplemental Declaration of Lan Nguyen, Esq. in Support of Reply to Opposition); Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 04/05/2022
  • DocketReply (to Opposition to Motion to Strike or Tax Costs); Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 03/29/2022
  • DocketProof of Service (not Summons and Complaint); Filed by Randall Jay Fried (Defendant)

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60 More Docket Entries
  • 03/02/2021
  • DocketDeclaration (Declaration of Lan Nguyen); Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 02/24/2021
  • DocketProof of Service by Substituted Service; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 02/24/2021
  • DocketProof of Service by Substituted Service; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 02/08/2021
  • DocketProof of Personal Service; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 01/29/2021
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 01/29/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/19/2021
  • DocketCivil Case Cover Sheet; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 01/19/2021
  • DocketSummons (on Complaint); Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 01/19/2021
  • DocketComplaint; Filed by Joey Stevens, LLC, a California Limited Liability Company (Plaintiff)

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  • 01/19/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******2354 Hearing Date: April 13, 2022 Dept: 20

Tentative Ruling

Judge Kevin C. Brazile

Department 20


Hearing Date: April 13, 2022

Case Name: Joey Stevens, LLC v. 7th And Grand Project, LLC, et al.

Case No.: *******2354

Matter: Motion to Tax Costs

Moving Party: Plaintiff Joey Stevens, LLC

Responding Party: Defendant Randall Jay Fried

Notice: OK


Ruling: The Motion to Tax Costs is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.


On February 16, 2022, Plaintiff Joey Stevens, LLC voluntarily dismissed this action against Defendant Randall Jay Fried.

On March 7, 2022, Defendant Fried filed a memorandum of costs for $1,003.60.

Plaintiff now seeks to strike the entirety of Defendant’s memorandum of costs because (1) this was a contract-only action such that Civ. Code 1717 applies and (2) under this section, “Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section.” (Civ. Code 1717(b)(2).)

Defendant argues that it is entitled to costs under Code Civ. Proc. 1032, as he is a “prevailing party” under this section. Defendant contends that Civ. Code 1717 merely relates to fee requests, and Defendant is not seeking fees. Defendant argues, “a party may be entitled to costs under Code of Civil Procedure section 1032 even if fees are unavailable under Civil Code section 1717. See Building Maintenance Service Co. v. AIL Systems, Inc. (1997) 55 Cal.App.4th 1014, 1021 (‘Even if [the plaintiff] is a prevailing party for purposes of section 1032, such result is not determinative of the issue of whether [the plaintiff] is also entitled to attorney’s fees and costs under Civil Code section 1717.’)”

The Court respectfully disagrees with Defendant’s contentions. “The historical context of the various statutes and amendments establishes section 1717 as the fundamental statute to be applied to fees and costs claimed under a contract.” (Sears v. Baccaglio (1998) 60 Cal.App.4th 1136, 1158.) As this action was voluntarily dismissed against Defendant, Defendant is not entitled to costs related to the contract claims in this action. Had there been non-contract claims, then Defendant could have sought costs for those claims, consistent with the authorities Defendant cites. (See, e.g., Santisas v. Goodin (1998) 17 Cal.4th 599, 602 [“We conclude that in voluntary pretrial dismissal cases, Civil Code section 1717 bars recovery of attorney fees incurred in defending contract claims, but that neither Civil Code section 1717 nor Olen, supra, 21 Cal.3d 218, 145 Cal.Rptr. 691, 577 P.2d 1031, bars recovery of attorney fees incurred in defending tort or other noncontract claims.”].)

Because Defendant is not entitled to costs under Civ. Code 1717, the Motion to Strike Costs is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.



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