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This case was last updated from Los Angeles County Superior Courts on 04/19/2021 at 11:15:30 (UTC).

MARK GUIRGUIS VS RACHEL CARLSEN ET AL

Case Summary

On 01/08/2018 MARK GUIRGUIS filed a Contract - Other Contract lawsuit against RACHEL CARLSEN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY KEOSIAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9331

  • Filing Date:

    01/08/2018

  • 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

GREGORY KEOSIAN

 

Party Details

Plaintiff, Petitioner and Cross Defendant

GUIRGUIS MARK

Defendants, Respondents and Cross Plaintiffs

DOES 1 - 50

CARLSEN FINANCIAL INC.

CARLSEN RACHEL

CARLSEN FINANCIAL LLP

CARLSEN DOE 1 EVAN

CARLSEN EVAN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SALOMONS GARY K. ESQ.

SALOMONS GARY KEITH ESQ.

Attorney at Salomons Law Group

4558 Sherman Oaks Avenue

Sherman Oaks, CA 91403

CROSBY MARY CANDICE

Defendant and Respondent Attorneys

KOORENNY MARK K. ESQ.

KOORENNY MARK KENDAL ESQ.

Attorney at Koorenny Law Group

32123 Lindero Canyon Road Suite 204A

Westlake Village, CA 91361

HANIGAN TIM

Defendant and Cross Plaintiff Attorney

HANIGAN TIM

 

Court Documents

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

7/30/2018: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

REQUEST FOR ENTRY OF DEFAULT -

9/17/2018: REQUEST FOR ENTRY OF DEFAULT -

REQUEST FOR ENTRY OF DEFAULT -

9/17/2018: REQUEST FOR ENTRY OF DEFAULT -

PLAINTIFF'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPELL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS BY DEFENDANT CARLSEN FINANCIAL, INC.

9/19/2018: PLAINTIFF'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPELL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS BY DEFENDANT CARLSEN FINANCIAL, INC.

PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS BY DEFENDANT CARLSEN FINANCIAL, INC., AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,760.00 AG

9/19/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS BY DEFENDANT CARLSEN FINANCIAL, INC., AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,760.00 AG

PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS BY DEFENDANT CARLSEN FINANCIAL, LLP, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,760.00 AGA

9/20/2018: PLAINTIFF'S NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS BY DEFENDANT CARLSEN FINANCIAL, LLP, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,760.00 AGA

Notice of Ruling - Plaintiff Mark Guirguis's Motions to Compel Further Responses to Request for Production of Documents by Defendants Carlsen Financial, Inc. and Carlsen Financial, LLP

11/26/2018: Notice of Ruling - Plaintiff Mark Guirguis's Motions to Compel Further Responses to Request for Production of Documents by Defendants Carlsen Financial, Inc. and Carlsen Financial, LLP

Motion to Compel - Motion to Compel Responses to Requests for Production of Documents and for Production of Documents

1/17/2019: Motion to Compel - Motion to Compel Responses to Requests for Production of Documents and for Production of Documents

Reply - Reply [Plaintiff] to the Declarations of Mark Kooreny and Rachel Carlsen in Opposition to Motion for Sanctions

2/15/2019: Reply - Reply [Plaintiff] to the Declarations of Mark Kooreny and Rachel Carlsen in Opposition to Motion for Sanctions

Case Management Statement

3/2/2021: Case Management Statement

Notice - Plaintiff, Mark Guirguis' Notice of Non-Opposition Re: Motion to compel Further Responses to Requests for Production of Documents

11/21/2018: Notice - Plaintiff, Mark Guirguis' Notice of Non-Opposition Re: Motion to compel Further Responses to Requests for Production of Documents

REPLY IN OPPOSITION TO MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT; ETC

5/22/2018: REPLY IN OPPOSITION TO MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT; ETC

NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARK KOORENNY

5/3/2018: NOTICE OF DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARK KOORENNY

NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARK KOORENNY

5/3/2018: NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARK KOORENNY

NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT, ETC

2/13/2018: NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT, ETC

PROOF OF SERVICE OF SUMMONS

1/31/2018: PROOF OF SERVICE OF SUMMONS

ORDER TO SHOW CAUSE HEARING

1/11/2018: ORDER TO SHOW CAUSE HEARING

SUMMONS -

1/8/2018: SUMMONS -

53 More Documents Available

 

Docket Entries

  • 06/17/2021
  • Hearing06/17/2021 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 04/12/2021
  • DocketSummons (SECOND AMENDED); Filed by Mark Guirguis (Plaintiff)

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  • 04/05/2021
  • DocketAmended Complaint ( (2nd)); Filed by Mark Guirguis (Plaintiff)

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  • 03/17/2021
  • Docketat 10:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion for Leave to Amend (Motion for Leave to Amend Second Amended Complaint) - Held

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  • 03/17/2021
  • Docketat 10:00 AM in Department 61, Gregory Keosian, Presiding; Case Management Conference - Held - Continued

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  • 03/17/2021
  • DocketNotice of Ruling (Ruling Re Plaintiff Mark Guirguis's Motion For Leave to File Third Amended Complaint); Filed by Clerk

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  • 03/17/2021
  • DocketMinute Order ( (Case Management Conference; Hearing on Motion for Leave to Am...)); Filed by Clerk

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  • 03/17/2021
  • DocketNotice of Ruling; Filed by Mark Guirguis (Plaintiff)

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  • 03/17/2021
  • DocketNotice (of Case Management Conference); Filed by Mark Guirguis (Plaintiff)

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  • 03/12/2021
  • DocketSubstitution of Attorney; Filed by Carlsen Financial, Inc. (Defendant)

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98 More Docket Entries
  • 01/31/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 01/31/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 01/31/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 01/11/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/11/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 01/11/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/11/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/08/2018
  • DocketComplaint; Filed by Mark Guirguis (Plaintiff)

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  • 01/08/2018
  • DocketCOMPLAINT FOR: 1) BREACH OF FIDUCIARY DUTY ;ETC

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  • 01/08/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC689331    Hearing Date: March 17, 2021    Dept: 61

Plaintiff Mark Guirguis’s Motion for Leave to File Third Amended Complaint is GRANTED.

Plaintiff to give notice.

I. MOTION FOR LEAVE TO AMEND

Code Civ. Proc. section 473 subd. (a)(1) states that:

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; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.

“The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. Mueller Co. (2006) 142 Cal.App.4th 636, 642.)

“Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [Citations], this policy should be applied only ‘[w]here no prejudice is shown to the adverse party . . .’ [Citation.] A different result is indicated ‘[w]here inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation.]” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.)

Pursuant to California Rule of Court Rule 3.1324, “[a] motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3)State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located.”

Such a motion must include a supporting declaration stating, “(1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” (CRC Rule 3.1324, subd. (b).)

Guirguis moves for leave to amend to restore causes of action originally included in the FAC before the complaint was amended to adapt to bankruptcy proceedings. Additionally, Guirguis moves to add as a defendant Evan Carlsen, Rachel Carlsen’s husband, with whom Guirguis alleges Rachel embezzled partnership funds. (Motion at p. 6.) Guirguis contends that he discovered Evan Carlsen’s involvement during discovery in the bankruptcy action, as Rachel responded to discovery related to the partnership by stating that Evan, who whom she was involved in dissolution proceedings, had taken the relevant documents. (Motion at p. 8; Bryner Decl. ¶ 10.)

The motion complies with the above requirements and is unopposed. The motion is GRANTED.

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