This case was last updated from Los Angeles County Superior Courts on 09/03/2021 at 08:05:06 (UTC).

MANUEL KAZANJIAN VS. ADRIEN VINCENT SEVERO, ET AL.

Case Summary

On 01/23/2018 MANUEL KAZANJIAN filed a Contract - Other Contract lawsuit against ADRIEN VINCENT SEVERO. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is BENNY C. OSORIO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7903

  • Filing Date:

    01/23/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

BENNY C. OSORIO

 

Party Details

Not Classified By Court, Plaintiff and Cross Defendant

KAZANJIAN MANUEL

Cross Defendants, Cross Plaintiffs and Defendants

CAL STRUCTURE INC.

STATE NATIONAL INSURANCE COMPANY INC.

SEVERO ADRIEN VINCENT

SURETEC INDEMNITY CO.

MENCO ROOFING INC.

PROGRESSIVE BUSINESS CORP.

KAZANJIAN MANUEL

PORTABLE WELDING CONSTRUCTION INC.

PROGRESSIVE BUSINESS CORP. DBA PROGRESSIVE INSULATION & WINDOWS

Not Classified By Court, Defendants and Cross Plaintiffs

SEVERO ADRIEN VINCENT

KAZANJIAN MANUEL

Attorney/Law Firm Details

Plaintiff Attorney

KAZARYAN MARGARIT

Cross Defendant and Defendant Attorneys

BERGSTEN ROBERT

MICHAEL V. SEVERO ESQ.

JONATHAN L. GERBER

CHRISTIAN J. GASCOU

GERBER JONATHAN L.

GASCOU CHRISTIAN J.

GASCOU CHRISTIAN JEAN

PUTTERMAN MATHIEU HARRIS

HUDSON BLAKE A

Cross Plaintiff and Defendant Attorneys

GERBER JONATHAN LAWRENCE

FLORES ALDO

MICHAEL V. SEVERO ESQ.

JONATHAN L. GERBER

 

Court Documents

Judgment - JUDGMENT IN A CIVIL ACTION

2/23/2021: Judgment - JUDGMENT IN A CIVIL ACTION

Notice of Rejection Of Electronic Filing

2/3/2021: Notice of Rejection Of Electronic Filing

Order - ORDER COURT'S ORDER RE: MOTION TO ENFORCE SETTLEMENT AGREEMENT

1/22/2021: Order - ORDER COURT'S ORDER RE: MOTION TO ENFORCE SETTLEMENT AGREEMENT

Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT AGREEMENT FILED BY AT...)

1/22/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT AGREEMENT FILED BY AT...)

Notice of Ruling

1/22/2021: Notice of Ruling

Motion to Enforce Settlement

12/22/2020: Motion to Enforce Settlement

Order - Dismissal

12/9/2020: Order - Dismissal

Order - Dismissal

12/9/2020: Order - Dismissal

Order - Dismissal

12/9/2020: Order - Dismissal

Order - Dismissal

12/9/2020: Order - Dismissal

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

12/9/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice of Ruling

12/9/2020: Notice of Ruling

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

9/22/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice - NOTICE OF TRIAL SETTING CONFERENCE

4/17/2020: Notice - NOTICE OF TRIAL SETTING CONFERENCE

Minute Order - MINUTE ORDER (COURT ORDER)

4/13/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/13/2020

4/13/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/13/2020

Notice of Settlement

3/23/2020: Notice of Settlement

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES

2/27/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL AND RELATED DATES

121 More Documents Available

 

Docket Entries

  • 02/24/2021
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 02/23/2021
  • DocketJudgment (in A Civil Action); Filed by Cal Structure, Inc., (Cross-Complainant)

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  • 02/03/2021
  • DocketNotice of Rejection of Electronic Filing; Filed by Clerk

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  • 01/22/2021
  • Docketat 08:30 AM in Department B; Hearing on Motion to Enforce Settlement (agreement filed by Attorney for Defendants, Adrien Vincent Severo and Cal Structure, Inc.) - Held - Motion Granted

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  • 01/22/2021
  • DocketMinute Order ( (Hearing on Motion to Enforce Settlement agreement filed by At...)); Filed by Clerk

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  • 01/22/2021
  • DocketOrder (Court's Order re: Motion to Enforce Settlement Agreement); Filed by Clerk

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  • 01/22/2021
  • DocketNotice of Ruling; Filed by Cal Structure, Inc., (Cross-Complainant)

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  • 12/22/2020
  • DocketMotion to Enforce Settlement; Filed by Adrien Vincent Severo (Defendant); Cal Structure, Inc., (Defendant)

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  • 12/09/2020
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: Dismissal (Settlement) - Held - Continued

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  • 12/09/2020
  • DocketNotice of Ruling; Filed by Adrien Vincent Severo (Defendant)

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168 More Docket Entries
  • 03/05/2018
  • DocketProof of Service of Summons and Complaint; Filed by Manuel Kazanjian (Plaintiff)

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  • 02/20/2018
  • Docketat 08:30 AM in Department B; Unknown Event Type

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  • 01/30/2018
  • DocketProof of Service of Summons and Complaint; Filed by Manuel Kazanjian (Plaintiff)

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  • 01/30/2018
  • DocketProof of Service of Summons and Complaint; Filed by Manuel Kazanjian (Plaintiff)

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  • 01/25/2018
  • DocketRequest For Copies

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  • 01/23/2018
  • DocketCivil Case Cover Sheet; Filed by Manuel Kazanjian (Plaintiff)

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  • 01/23/2018
  • DocketSummons; Filed by Manuel Kazanjian (Plaintiff)

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  • 01/23/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Court

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  • 01/23/2018
  • DocketNotice of Case Management Conference; Filed by Court

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  • 01/23/2018
  • DocketComplaint filed-Summons Issued; Filed by Manuel Kazanjian (Plaintiff)

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Tentative Rulings

Case Number: EC067903    Hearing Date: January 22, 2021    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

manuel kazanjian,

Plaintiff,

v.

adrien vincent severo, et al.,

Defendants.

Case No.: EC067903

Hearing Date: January 22, 2021

[TENTATIVE] order RE:

motion to enforce settlement agreement

BACKGROUND

A. Allegations

Plaintiff Manuel Kazanjian (“Plaintiff”) alleges that he entered into a written contract with Defendants Adrien Vincent Severo and Cal Structure, Inc. (“Contractor Defendants”) on December 31, 2015, whereby Contractor Defendants agreed to remodel Plaintiff’s residence located at 4843 Ledge Avenue, Los Angeles, California 91601. Plaintiff alleges that he agreed to compensate Contractor Defendants pursuant to a payment schedule for a total amount of $346,420. Plaintiff alleges that he substantially performed and paid them $353,353. He alleges construction on the property began in January 2016, and a dispute arose in January 2017 about delays in the project. Plaintiff alleges that Contractor Defendants have asked for additional time and funds, have not completed the project, and have not performed immediate repairs.

The complaint, filed January 23, 2018, alleges causes of action for: (1) breach of contract; (2) negligence; (3) fraud; (4) unjust enrichment; (5) breach of express warranty; (6) breach of implied warranty; and (7) claim against license bond.

B. Relevant Background and Motion on Calendar

On December 9, 2020, an OSC Re Dismissal (Settlement) came for hearing. Pursuant to the oral request of counsel, the Court ordered Cal Structure, Inc., Suretec Indemnity, Co., and Adrien Vincent Severo to be dismissed with prejudice from Plaintiff’s complaint. Pursuant to the oral request of counsel, the Court ordered Portable Welding Construction, Inc. and Progressive Business Corp. to be dismissed with prejudice from Cal Structure, Inc.’s cross-complaint (all parties were dismissed except Menco Roofing, Inc.). Pursuant to the oral request of counsel, the Court ordered Cal Structure, Inc. to be dismissed with prejudice from Progressive Business Corp.’s cross-complaint. Pursuant to the oral request of counsel, the Court ordered Manuel Kazanjian to be dismissed with prejudice from Severo’s cross-complaint. The Court continued the OSC re Dismissal to February 24, 2021.

On December 22, 2020, Severo and Cal Structure, Inc. filed a motion to enforce the settlement agreement. The Court is not in receipt of an opposition brief.

DISCUSSION

A. Terms of the Stipulation for Entry of Judgment

A copy of the Settlement Agreement and Release of All Claims (“Settlement Agreement”) is attached as Exhibit A to the declaration of Gagik Stepanyan. The Settlement Agreement was entered between Menco Roofing, Inc. (“Menco”) on the one hand, and Severo and Cal Structure on the other. The parties agreed to resolve the matter in exchange for Menco’s payment of $2,500, the receipt of which is to be provided to Severo/Cal Structure’s counsel within 30 days of execution of the agreement. (Settlement Agreement at p.2, §1.) The Agreement states that it shall be interpreted and enforced pursuant to the laws of the State of California and if any suit is brought for breach of or to enforce the agreement, each party consents to the jurisdiction of the courts of the County of Los Angeles. (Id. at p.3, §11.) If a dispute arises over the subject of the agreement, the prevailing party to such litigation shall be entitled to receive his or her actual attorney’s fees and costs. (Id. at p.3, §12.) The agreement was fully executed on April 20, 2020.

B. Merits of the Motion

Contractor Defendants Severo and Cal Structure seek judgment in their favor against Cross-Defendant/Cross-Complainant Menco in the amount of $2,500, pursuant to CCP § 664.6.

Mr. Stepanyan (counsel for Contractor Defendants) states that on April 16, 2020, Menco’s counsel requested information about where payment was to be issued, and Mr. Stepanyan provided the mailing address and W9 of a third-party adjuster for their insurer. (Id., ¶4, Ex. B.) He states, however, that Menco has refused to comply with the terms of the settlement by failing to pay the $2,500 amount within 30 days of execution of the agreement (i.e., May 20, 2020). (Id., ¶5.) He states that, to date, Golden State Claims Adjusters, Contractor Defendants, and counsel have yet to receive payment from Menco. (Id., ¶6.) Counsel states that he sent another email to Menco’s counsel on December 9, 2020, but Menco’s counsel did not respond to the communication. (Id., ¶¶7-8, Ex. C.)

Based on the terms of the Settlement Agreement and Menco’s default, the Court finds there is substantive merit to granting the motion to enforce the settlement agreement.

C. Attorney’s Fees and Costs

Contractor Defendants seek $1,960 in fees and costs against Menco for bringing this motion to enforce. They seek time for meeting and conferring (0.5 hour), preparing the motion (4.5 hours), the anticipated time to prepare the reply (3 hours), and the anticipated time to attend the hearing (1.5 hours) at a $200/hour billing rate, plus $60 in filing fees.

The Court will award attorney’s fees and costs in the amount of $1,060, which compensates counsel for the time spent on meeting and conferring and bringing this motion, plus $60 in filing fees.

CONCLUSION AND ORDER

Defendants Adrien Vincent Severo and Cal Structure, Inc.’s motion to enforce the settlement agreement is granted. Judgment shall be entered in the amount of $2,500 in favor of Severo and Cal Structure, Inc. and against Menco Roofing, Inc. Attorney’s fees and costs shall be awarded to Severo and Cal Structure, Inc. in the total sum of $1,060 for bringing this motion.

Defendants Severo and Cal Structure, Inc. shall provide notice of this order.

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