This case was last updated from Los Angeles County Superior Courts on 11/15/2022 at 11:17:12 (UTC).

MORTON MAZAHERI ET AL VS MOHAMMAD ALI TALAIE

Case Summary

On 04/11/2017 MORTON MAZAHERI filed a Contract - Professional Negligence lawsuit against MOHAMMAD ALI TALAIE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHANIE M. BOWICK and DAVID J. COWAN. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7319

  • Filing Date:

    04/11/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Professional Negligence

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHANIE M. BOWICK

DAVID J. COWAN

 

Party Details

Cross Defendants and Plaintiffs

MAZAHERI KIUMARZ

KIUMARZ LENHARD INC

MAZAHERI MORTON AKA MOHAMMAD REZA MAZAHERI

GILANIANS ALEX

LAW OFFICES OF ALEX GILANIANS

TV DIDAR GLOBAL

Cross Plaintiff and Defendant

TALAIE MOHAMMAD ALI

Attorney/Law Firm Details

Plaintiff Attorney

WOHL JAMES P.

Defendant Attorney

TALAIE MOHAMMAD ALI

Cross Plaintiff Attorney

NANKIVELL PAUL HENRY II

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/14/2022

4/14/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/14/2022

Notice of Rejection - Post Judgment

4/27/2022: Notice of Rejection - Post Judgment

Notice of Rejection - Post Judgment

4/21/2022: Notice of Rejection - Post Judgment

Abstract of Judgment - Civil and Small Claims

5/4/2022: Abstract of Judgment - Civil and Small Claims

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT ON THE CROS...)

1/28/2022: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT ON THE CROS...)

Declaration - DECLARATION DECLARATION OF CROSS- COMPLAINANT MOHAMMAD ALI TALAIE , IN LIEU OF ORAL TESTIMONY

2/2/2022: Declaration - DECLARATION DECLARATION OF CROSS- COMPLAINANT MOHAMMAD ALI TALAIE , IN LIEU OF ORAL TESTIMONY

Declaration - DECLARATION DECLARATION OF PAUL H. NANKIVELL, II, IN LIEU OF ORAL TESTIMONY

2/2/2022: Declaration - DECLARATION DECLARATION OF PAUL H. NANKIVELL, II, IN LIEU OF ORAL TESTIMONY

Exhibit List

2/2/2022: Exhibit List

Notice of Posting of Jury Fees

12/15/2021: Notice of Posting of Jury Fees

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/14/2022

6/14/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/14/2022

Minute Order - MINUTE ORDER (COURT ORDER)

6/14/2022: Minute Order - MINUTE ORDER (COURT ORDER)

Application for Issuance of Writ of Execution, Possession or Sale

5/11/2022: Application for Issuance of Writ of Execution, Possession or Sale

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

5/11/2022: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES )

5/26/2022: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES )

Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT

5/16/2022: Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT

Judgment

4/14/2022: Judgment

Notice of Entry of Judgment / Dismissal / Other Order

4/14/2022: Notice of Entry of Judgment / Dismissal / Other Order

Minute Order - MINUTE ORDER (COURT ORDER)

4/14/2022: Minute Order - MINUTE ORDER (COURT ORDER)

217 More Documents Available

 

Docket Entries

  • 06/15/2022
  • Docketat 08:30 AM in Department 19; Order to Show Cause Re: Dismissal ( of Cross-Defendants Alex Gilanians and Law Offices of Alex Gilanians) - Not Held - Advanced and Vacated

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  • 06/14/2022
  • Docketat 08:01 AM in Department 19, Stephanie M. Bowick, Presiding; Court Order

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  • 06/14/2022
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 06/14/2022
  • DocketCertificate of Mailing for ((Court Order) of 06/14/2022); Filed by Clerk

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  • 05/26/2022
  • DocketWrit of Execution ((Los Angeles )); Filed by Mohammad Ali Talaie (Cross-Complainant)

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  • 05/16/2022
  • DocketNotice (Notice of Entry of Judgment); Filed by Mohammad Ali Talaie (Cross-Complainant)

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  • 05/11/2022
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Mohammad Ali Talaie (Cross-Complainant)

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  • 05/11/2022
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by Mohammad Ali Talaie (Cross-Complainant)

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  • 05/04/2022
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Mohammad Ali Talaie (Cross-Complainant)

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  • 04/29/2022
  • Docketat 08:30 AM in Department 19; Order to Show Cause Re: (Entry of Default Judgment) - Not Held - Vacated by Court

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352 More Docket Entries
  • 05/17/2017
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 05/17/2017
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 04/18/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 04/18/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/18/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/18/2017
  • DocketORDER TO SHOW CAUSE HEARING

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  • 04/11/2017
  • DocketSUMMONS

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  • 04/11/2017
  • DocketComplaint; Filed by null

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  • 04/11/2017
  • DocketCOMPLAINT FOR DAMAGES FOR: 1. PROFESSIONAL NEGLIGENCE ;ETC

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  • 08/07/1981
  • DocketAnswer to Cross-Complaint; Filed by Morton Mazaheri (Plaintiff); Kiumarz Lenhard, Inc (Plaintiff); Kiumarz Mazaheri (Plaintiff)

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Tentative Rulings

Case Number: ****7319 Hearing Date: April 4, 2022 Dept: 19

RULING

Cross-Complainant Mohammad Ali Talaie’s Request for Entry of Default Judgment against Cross-Defendants Morton Mazaheri aka Mohammad Reza Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV is GRANTED in the amount of $252,767.29.

The Ex Parte Application is DENIED.

The Court orders Cross-Complainant to submit a revised proposed judgment consistent with this ruling. The revised judgment must remove “KIUMARZ MAZAHERI doing business as DIDAR GLOBAL TV” and include the revised figures granted below on or before April 11, 2022.

Notice is waived as to Cross-Defendants Morton Mazaheri aka Mohammad Reza Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV, who are in default.

STATEMENT OF THE CASE

This case arises out of legal malpractice. In the Cross-Complaint (“CC”), Cross-Complainant Mohammad Ali Talaie (“Cross-Complainant”) alleges the following causes of action against Cross-Defendants Morton Mazaheri aka Mohammad Reza Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, Didar Global TV, Law Offices of Alex Gilanians, and Alex Gilanians (collectively, “Cross-Defendants”):

1. Breach of Contract;

2. Common Count;

3. Open Book Account; and

4. Indemnity.

Cross-Complainant alleges that Cross-Defendant Alex Gilanians represented Plaintiffs and Cross-Defendant Didar Global TV in Case No. SC121445. (See CC, 7.) The CC involves allegations concerning a breach by Plaintiffs and Cross-Defendant Didar Global TV of a purchase and sale agreement for real property that was at issue in Case No. SC121445 as well as other allegations concerning legal disputes and representations of the parties to the instant action. (See, generally, CC at 11-44.)

On July 24, 2018. Cross-Complainants Alex Gilanians and Law Offices of Alex Gilanians were dismissed without prejudice.

Default has been entered against Cross-Defendants Morton Mazaheri aka Mohammad Reza Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV.

A 1 Cross-Complainant’s Ex Parte Application

On February 14, 2022, Cross-Complainant filed his “Ex Parte Application for Order to Establish that Kiumarz Mazaheri, doing business as Didar Global TV Is a Cross-Defendant Against Whom Judgment May Be Entered” seeking an order to establish that “Kiumarz Mazaheri doing business as Didar TV” is a Cross-Defendant against whom default judgment can be entered.

The Court DENIES Cross-Complainant Ex Parte Application. “Kiumarz Mazaheri doing business as Didar TV” was not named as a Cross-Defendant and therefore default judgment cannot be entered against “Kiumarz Mazaheri doing business as Didar TV.” A default judgment can only be entered against defaulted defendants or cross-defendants that are named in the pleading. (See Code Civ. Proc., 473(a)(1) [“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.”]; id. at 585(d) [“In other actions, if the defendant has been served, other than by publication… upon written application of the plaintiff, shall enter the default of the defendant.”]; id. at 585(e) [“If a defendant files a cross-complaint against another defendant or the plaintiff, a default may be entered against that party on that cross-complaint…. However, no judgment may separately be entered on that cross-complaint unless a separate judgment may, in fact, be properly awarded on that cross-complaint….”].)

B 2. Request For Entry of Default Judgment

Principal Requested: $87,780.10

Interest: $46,527.60

Costs: $2,307.49

Attorneys’ Fees: $114,680.00

Total: $251,295.19

DAMAGES

The Court finds that Cross-Complainant alleges viable causes of action for breach of contract against Cross-Defendants Morton Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV for breach of the Attorney-Client Fee Agreement and the First Amendment to the Attorney-Client Fee Agreement attached to the CC as Exhibits A and B respectively (collectively, the “Agreements”). (See CC at 11-44.) The Agreements were executed by Cross-Defendants Morton Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV. (Id. at 22, 24-25, Exs. A & B.) The Court also finds that Cross-Complainant alleges a viable common count claim based on the alleged breach of the Agreement. (See id. at 45-51; see also McBride v. Boughton (2004) 123 Cal.App.4th 379, 394 [“A common count is not a specific cause of action ...; rather, it is a simplified form of pleading normally used to aver the existence of various forms of monetary indebtedness, including that arising from an alleged duty to make restitution under an assumpsit theory.”]; Katsura v. City of San Buenaventura (2007) 155 Cal.App.4th 104, 109 (quoting Weitzenkorn v. Lesser (1953) 40 Cal.2d 778, 793) [“Common counts is an alternate theory of recovery based on a contract that is either ‘implied in fact’ or ‘implied in law.’”].)

The Court finds that Cross-Complainant has proven damages in the amount of $87,780.10 as against Cross-Defendants Morton Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV for breach of the Agreements. Cross-Complainant provides copies of the billing statements indicating that $87,780.10 remains owed to him under the Agreements after reducing his hourly rate at the request of Cross-Defendant Morton Mazaheri. (Mohammad Ali Talaie Decl., 16-23, Ex. 3.)

INTEREST

The Attorney-Client Fee Agreement provides that “[i]nterest of 10% per annum shall be charged on defaulted payments from the date due until paid.” (CC at Ex. A, 8.)

The Court finds that Cross-Complainant is entitled to prejudgment interest on the $87,780.10 in damages at a rate of ten percent (10%) per annum, or $24.06 per diem beginning October 18, 2016 through the date of judgment. (See Talaie Decl. at 37, 43-44. As such, the Court awards Cross-Complainant $47,999.70 in prejudgment interest.

ATTORNEYS FEES

The Attorney-Client Fee Agreement provides that “[i]f it is necessary to enforce any portion of this contract, the prevailing party may recover attorney's fees, costs and expenses of collection and litigation.” (CC at Ex. A, 15.)

After consideration of the billing records attached to the declaration of Paul H. Nankivell, II, the Court awards Cross-Complainant $114,680.00 in attorney’s fees. (Paul H. Nankivell, II Decl., 10, Ex. 6.)

COSTS

The Court awards Cross-Complainant $2,307.49 in costs for the costs set forth in the memorandum of costs.

Based on all the foregoing, the Court GRANTS Cross-Complainant’s request for entry of default judgement against Cross-Defendants Morton Mazaheri aka Mohammad Reza Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV, jointly and severally, in the amount of $252,767.29.



Case Number: ****7319    Hearing Date: August 06, 2020    Dept: 19

(1) Defendant and Cross-Complainant Mohammed Ali Talaie’s Motion for Issue/Evidence Sanctions or Terminating Sanctions is GRANTED. The Court issues terminating sanctions against Plaintiffs and Cross-Defendants Morton Mazaheri and Kiumarz Mazaheri for their willful failure and refusal to comply with two prior court orders and for misuse of the discovery process.

(2) Defendant’s Motion to Strike the pleadings of Kiumarz Lenhard, Inc. on the grounds that the corporation is not represented by counsel has been withdrawn and is thus MOOT.

Counsel for Defendant to submit a proposed order and proposed judgment of dismissal.

Counsel for Defendant to give notice.



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