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This case was last updated from Los Angeles County Superior Courts on 05/23/2019 at 10:09:39 (UTC).

LIEBA CHANIN ET AL VS RODEO REALTY INC ET AL

Case Summary

On 03/01/2017 LIEBA CHANIN filed a Contract - Other Contract lawsuit against RODEO REALTY INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JOHN P. DOYLE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2405

  • Filing Date:

    03/01/2017

  • 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

JOHN P. DOYLE

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

CHANIN SHMUEL

CHANIN LIEBA

Defendants and Respondents

RODEO REALTY INC

RODEO REALTY

RODEO REALTY FINE ESTATES

AMERICAN CONTRACTORS INDEMNITY COMPANY

HEBNER GREG

GIRONDA JACK

COMMUNITY REBUILD PARTNERS

DUKE DEVELOPMENT INC.

HIRSCH MICHELLE

PREFERRED HOME INSPECTIONS LLC

DOES 1 THROUGH 500 INCLUSIVE

COMMUNITY REBUILD ASSET HOLDINGS

SURETEC INSURANCE COMPANY

LABRANCHE EMMANUEL

Minors

CHANIN ESTHER

CHANIN YITA

CHANIN FREEDA

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

WLA LEGAL SERVICES INC

LEE TIMOTHY R. ESQ.

ZELIG STEVEN

Defendant and Respondent Attorneys

GASCOU CHRISTIAN J. ESQ.

KIM AMBER NICOLE

LEFF ANDREW LINCOLN

COHEN BARUCH C

MADARIAGA DAVID BERRY

GASCOU CHRISTIAN JEAN ESQ.

GROSFELD ROBERT

 

Court Documents

NOTICE OF PENDENCY OF ACTION

9/13/2018: NOTICE OF PENDENCY OF ACTION

Reply

5/3/2019: Reply

SUBSTITUTION OF ATTORNEY

4/25/2018: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

4/30/2018: SUBSTITUTION OF ATTORNEY

SUBSTITUTION OF ATTORNEY

4/30/2018: SUBSTITUTION OF ATTORNEY

NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

3/14/2017: NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

3/21/2017: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM?CIVIL

SUMMONS

5/8/2017: SUMMONS

GENERAL DENIAL AND ANSWER OF SURETEC INSURANCE COMPANY TO PLAINTIFF'S COMPLAINT

6/23/2017: GENERAL DENIAL AND ANSWER OF SURETEC INSURANCE COMPANY TO PLAINTIFF'S COMPLAINT

Unknown

6/27/2017: Unknown

MOTION TO COMPEL BINDING ARBITRATION & STAY TEE WITHIN ACTION PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTIONS 1281.2 AND 1281.4; ETC.

7/3/2017: MOTION TO COMPEL BINDING ARBITRATION & STAY TEE WITHIN ACTION PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTIONS 1281.2 AND 1281.4; ETC.

PROOF OF SERVICE SUMMONS

7/18/2017: PROOF OF SERVICE SUMMONS

Unknown

8/8/2017: Unknown

OPPOSITION TO PETITION TO COMPEL ARBITRATION AND STAY LITIGATION OF DEFENDANT JACK GIRONDA AND PREFERRED HOME INSPECTION SERVICE, LLC; ETC

8/16/2017: OPPOSITION TO PETITION TO COMPEL ARBITRATION AND STAY LITIGATION OF DEFENDANT JACK GIRONDA AND PREFERRED HOME INSPECTION SERVICE, LLC; ETC

COMBINED OPPOSITION TO DEMURRER AND MOTION TO STRIKE PORTIONS OF COMPLAINT BY THE RODEO DEFENDANTS

8/16/2017: COMBINED OPPOSITION TO DEMURRER AND MOTION TO STRIKE PORTIONS OF COMPLAINT BY THE RODEO DEFENDANTS

REPLY OF DEFENDANTS, JACK GIRONDA AND PREFERRED HOME INSPECTIONS TO PLAINTIFFS? OPPOSITION TO DEFENDANTS? MOTION TO COMPEL BINDING ARBITRATION WITH PLAINTIFFS AND TO STAY ACTION PENDING COMPLETION OF

8/18/2017: REPLY OF DEFENDANTS, JACK GIRONDA AND PREFERRED HOME INSPECTIONS TO PLAINTIFFS? OPPOSITION TO DEFENDANTS? MOTION TO COMPEL BINDING ARBITRATION WITH PLAINTIFFS AND TO STAY ACTION PENDING COMPLETION OF

NOTICE OF RULING RELATIVE TO PLAINTIFFS' EX PARTE APPLICATION OF AUGUST 30, 2017

8/31/2017: NOTICE OF RULING RELATIVE TO PLAINTIFFS' EX PARTE APPLICATION OF AUGUST 30, 2017

SUPPLEMENTAL BRIEF OF DEFENDANTS, JACK GIRONDA AND PREFERRED HOME INSPECTIONS RE: COURT'S AUGUST 25, 2017 ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION ETC.

9/14/2017: SUPPLEMENTAL BRIEF OF DEFENDANTS, JACK GIRONDA AND PREFERRED HOME INSPECTIONS RE: COURT'S AUGUST 25, 2017 ORDER GRANTING DEFENDANTS' MOTION TO COMPEL ARBITRATION ETC.

124 More Documents Available

 

Docket Entries

  • 05/20/2019
  • Opposition (Supplemental Opposition to Petition for Order Confirming Arbitrator's Order Granting Preliminary Injunction); Filed by Lieba Chanin (Plaintiff); Shmuel Chanin (Plaintiff); Esther Chanin (Plaintiff) et al.

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  • 05/10/2019
  • at 09:30 AM in Department 58; Hearing on Motion for Order (CONFIRMING ARBITRATOR'S ORDER GRANTING PRELIMINARY INJUNCTION FOR PLAINTIFF/CROSS-DEFENDANT LIEBA CHANIN TO DEPOSIT PAST DUE AND CURRENT RENT INTO ESCROW ACCOUNT PENDING ENTRY OF ARBITRATOR'S FINAL ORDER) - Held - Continued

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  • 05/10/2019
  • Notice (DEFENDANTS'/CROSS-PLAINTIFFS' NOTICE OF ADVANCEMENT OF: (1) ALL PURPOSE STATUS CONFERENCE & (2) POST-ARBITRATION STATUS CONFERENCE); Filed by Community Rebuild Partners (Defendant); Community Rebuild Asset Holdings (Defendant); Greg Hebner (Defendant)

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  • 05/10/2019
  • Declaration ( of Andrew Leff in Support of Rodeos Motion for Joint Sanctions); Filed by Rodeo Realty, Inc (Defendant); Michelle Hirsch (Defendant)

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  • 05/10/2019
  • Minute Order ( (Hearing on Defendants Community Rebuild Partners, Community R...)); Filed by Clerk

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  • 05/10/2019
  • Order Appointing Court Approved Reporter as Official Reporter Pro Tempore (Veronica Rodriguez, CSR #12215); Filed by Lieba Chanin (Plaintiff); Shmuel Chanin (Plaintiff); Esther Chanin (Plaintiff) et al.

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  • 05/10/2019
  • Notice of Motion; Filed by Rodeo Realty, Inc (Defendant); Michelle Hirsch (Defendant)

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  • 05/10/2019
  • Notice (of Verified Petition and Verified Petition for Order); Filed by Community Rebuild Partners (Defendant)

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  • 05/08/2019
  • Reply (SUR-REPLY IN OPPOSITION TO PETITION CONFIRMING ARBITRATION ORDER GRANTING PRELIMINARY MANDATORY INJUNCTION); Filed by Lieba Chanin (Plaintiff)

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  • 05/07/2019
  • Notice of Ruling; Filed by Rodeo Realty, Inc (Defendant); Michelle Hirsch (Defendant)

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191 More Docket Entries
  • 03/16/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 03/14/2017
  • NOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/09/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/09/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/09/2017
  • Application ; Filed by Plaintiff/Petitioner

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  • 03/06/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE

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  • 03/06/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE

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  • 03/06/2017
  • APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM - CIVIL EX PARTE

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  • 03/01/2017
  • Complaint; Filed by Lieba Chanin (Plaintiff); Shmuel Chanin (Plaintiff)

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  • 03/01/2017
  • COMPLAINT FOR COMPENSATORY, TREBLE AND PUNITIVE DAMAGES, SPECIFIC PERFORMANCE, TO QUIET TITLE, AND OTHER RELIEF; AND REQUEST FOR TRIAL BY JURY

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Tentative Rulings

Case Number: BC652405    Hearing Date: December 21, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: December 21, 2020

Case Name: Chanin, et al. v. Rodeo Realty, Inc., et al.

Case No.: BC652405

Matter: Motion to Nullify Arbitration Order

Moving Party: Plaintiffs Lieba Chanin, Sam Chanin, Esther Chanin, Yita Chanin, and

Freeda Chanin

Responding Party: Defendants Community Rebuild Partners, Community Rebuild Asset

Holdings, Greg Hebner, Michelle Hirsch and Rodeo Realty Inc., joined by Duke Development, Inc. and Emmanual Labranche


Tentative Ruling: The Motion is denied.


On August 25, 2017, the Court granted motions to compel arbitration filed by (1) Defendants Community Rebuild Partners, Community Rebuild Asset Holdings, and Greg Hebner (“Community Defendants”), and (2) Defendants Jack Gironda and Preferred Home Inspection Service, LLC (“Preferred Defendants”). The action was stayed as to the remaining Defendants, specifically, Defendants Michelle Hirsch, Rodeo Realty Inc., Duke Development, Inc., and Emmanual Labranche.

Plaintiffs Lieba Chanin, Sam Chanin, Esther Chanin, Yita Chanin, and Freeda Chanin seek to nullify the Court’s arbitration order and commence litigation in this Court. Plaintiffs argue that arbitration should be precluded under Code Civ. Proc. § 1281.2(c) when,

A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. . . .

If the court determines that a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party as set forth under subdivision (c), the court (1) may refuse to enforce the arbitration agreement and may order intervention or joinder of all parties in a single action or special proceeding; (2) may order intervention or joinder as to all or only certain issues; (3) may order arbitration among the parties who have agreed to arbitration and stay the pending court action or special proceeding pending the outcome of the arbitration proceeding; or (4) may stay arbitration pending the outcome of the court action or special proceeding.

Plaintiffs provide that because Defendants Michelle Hirsch, Rodeo Realty Inc., Duke Development, Inc., and Emmanual Labranche are agents of Community Defendants, “if this court continues to insist that the Plaintiffs pursue their claims on two ‘fronts’ (this lawsuit and a separate arbitration), there is a profound possibility, and in fact a probability of conflicting rulings . . . .”

Further, Plaintiffs provide that they learned the following through discovery, which also supports the possibility of inconsistent rulings:

• That LaBranche/Duke was not only a contractor who constructed the subject property, but was the partner of Hebner/Community for the “renovation” and sale of the Subject Property.

• That Hirsch/Rodeo, who represented the sellers (Hebner/Community) and the buyer (Lieba Chanin) in the subject transactions, also participated in construction and design issues and decisions for the renovation of the Subject Property. (Decl. Zelig at paragraph 2.)

Plaintiffs also note the following changed circumstances: (1) Preferred Defendants have settled this matter with Plaintiffs; (2) counsel for Community Defendants admitted during arbitration that there is a risk of inconsistent rulings if this matter is both litigated and arbitrated between the different Defendants; (3) Community Defendants pursued an unlawful detainer action; and (4) “Community defendants refused to participate in the proceeding before Judge Steele.”

Defendants argue that (1) the instant Motion is an untimely motion for reconsideration and (2) the Motion was only brought because Plaintiffs’ case was “torpedoed” after a motion for judgment on the pleadings was granted during arbitration.

The Court agrees that the Motion is an untimely motion for reconsideration. The Court considered and rejected Plaintiffs’ argument based on Code Civ. Proc. § 1281.2(c) in 2017 when ruling on motions to compel arbitration. This Motion was not brought within ten days. (Code Civ. Proc. § 1008.)

Further, it is not apparent how Community Defendants’ subjective beliefs at some point during the arbitration proceedings should alter the Court’s ruling, particularly as they have now submitted an opposition to the instant Motion.

Additionally, it is not apparent that there is some unilateral failure by the Community Defendants to participate in arbitration before Judge Steele. Instead, it appears neither party has tendered the necessary arbitration fees. (Community Defendants’ Opposition at p. 5 [“Community contacted Judge Steele and learned that Chanin never participated and never paid Judge Steele’s fees.”]; Reply at p. 4 [“[P]lease find attached to the declaration of Zelig an email from Signature to the effect that no party paid to commence the arbitration.”].)

Finally, to the extent that Plaintiffs contend that Defendants Michelle Hirsch, Rodeo Realty Inc., Duke Development, Inc., and Emmanual Labranche are agents of Community Defendants, it is not apparent how they are “third part[ies]” within the meaning of Code Civ. Proc. § 1281.2(c). Code Civ. Proc. § 1281.2(c) “does not apply when all defendants, including a nonsignatory to the arbitration agreement, have the right to enforce the arbitration provision against a signatory plaintiff.” (Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405.) Indeed, the agent of a signatory may compel arbitration. (See, e.g., Dryer v. Los Angeles Rams (1984) 40 Cal.3d 406, 418.)

In sum, the Motion is denied.

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