This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 06:24:33 (UTC).

NATIVE ADS INC VS ELEVITY HOLDINGS LLC ET AL

Case Summary

On 01/08/2018 NATIVE ADS INC filed a Contract - Other Contract lawsuit against ELEVITY HOLDINGS LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RAFAEL A. ONGKEKO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9273

  • 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

RAFAEL A. ONGKEKO

 

Party Details

Plaintiff and Petitioner

NATIVE ADS INC.

Defendants and Respondents

BAHLITZANAKIS ANASTASIA

DOES 1 TO 10

ELEVITY HOLDINGS LLC

BAHLITZANAKIS MICHAEL

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DILLON GERARDI HERSHBERGER MILLER & AHUJA

DILLON TIMOTHY P.

 

Court Documents

Memorandum of Points & Authorities

8/20/2020: Memorandum of Points & Authorities

Declaration - DECLARATION JON MALACH

8/20/2020: Declaration - DECLARATION JON MALACH

Request for Entry of Default / Judgment

2/20/2020: Request for Entry of Default / Judgment

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE DEFAULT JUDG; ORDER...)

2/14/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE DEFAULT JUDG; ORDER...)

Proof of Publication

1/22/2020: Proof of Publication

Proof of Service (not Summons and Complaint)

11/4/2019: Proof of Service (not Summons and Complaint)

Proof of Publication

10/18/2019: Proof of Publication

Application for Publication

7/3/2019: Application for Publication

Proof of Service (not Summons and Complaint)

7/3/2019: Proof of Service (not Summons and Complaint)

Notice Re: Continuance of Hearing and Order

6/3/2019: Notice Re: Continuance of Hearing and Order

Notice - NOTICE OF CONTINUANCE OF HEARING

6/10/2019: Notice - NOTICE OF CONTINUANCE OF HEARING

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE DEFAULT JUDGMENT; O...)

4/23/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE DEFAULT JUDGMENT; O...)

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service; O...)

1/23/2019: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service; O...)

Declaration - Declaration of Timothy P. Dillon In Support of Request for Continuance of 1/20/18 Case Management Conference and Order to Show Cause Hearing

11/6/2018: Declaration - Declaration of Timothy P. Dillon In Support of Request for Continuance of 1/20/18 Case Management Conference and Order to Show Cause Hearing

Declaration - Declaration of Paul C. Berner In Support of Request for Continuance of 1/23/2019 Case Managment Conference and Order to SHow Cause Hearing

1/16/2019: Declaration - Declaration of Paul C. Berner In Support of Request for Continuance of 1/23/2019 Case Managment Conference and Order to SHow Cause Hearing

Minute Order - Minute Order (Case Management Conference; Order to Show Cause Re: Failure t...)

11/20/2018: Minute Order - Minute Order (Case Management Conference; Order to Show Cause Re: Failure t...)

Minute Order -

8/8/2018: Minute Order -

44 More Documents Available

 

Docket Entries

  • 01/20/2021
  • Hearing01/20/2021 at 08:30 AM in Department 73 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Entry of Judgment as to Elevity and Status as to Individual Defendants

    Read MoreRead Less
  • 09/15/2020
  • Docketat 09:00 AM in Department 73; Order to Show Cause Re: (Failure to File Default Judg) - Held - Continued

    Read MoreRead Less
  • 09/15/2020
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Default Judgment)); Filed by Clerk

    Read MoreRead Less
  • 08/20/2020
  • DocketProof of Service (not Summons and Complaint); Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 08/20/2020
  • DocketRequest for Entry of Default / Judgment; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 08/20/2020
  • DocketDeclaration (of Timothy P. Dillon); Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 08/20/2020
  • DocketRequest for Dismissal; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 08/20/2020
  • DocketRequest for Dismissal; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 08/20/2020
  • DocketDeclaration (Jon Malach); Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 08/20/2020
  • DocketMemorandum of Points & Authorities; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
81 More Docket Entries
  • 02/16/2018
  • DocketAFFIDAVIT OF DUE DILIGENCE

    Read MoreRead Less
  • 02/02/2018
  • DocketProof-Service/Summons; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 02/02/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 02/02/2018
  • DocketProof-Service/Summons; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 02/02/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 01/26/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 01/26/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 01/08/2018
  • DocketComplaint; Filed by Native Ads, Inc. (Plaintiff)

    Read MoreRead Less
  • 01/08/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 01/08/2018
  • DocketCOMPLAINT-CONTRACT

    Read MoreRead Less

Tentative Rulings

Case Number: BC689273    Hearing Date: September 15, 2020    Dept: 73

9/15/2020

Dept. 73

Rafael Ongkeko, Judge presiding

NATIVE ADS, INC. v. ELEVITY HOLDINGS, et. al. (BC689273)

Counsel for Plaintiff/moving party:  Timothy Dillon, Paul Berner (Dillon Miller & Ahuja)

OSC/REQUEST FOR ENTRY OF DEFAULT JUDGMENT (request filed 8/20/2020)

TENTATIVE RULING

The court grants entry of default judgment as prayed as against Defendant Elevity.  The request is denied as to the individual defendants.  The court finds that the Proposed Judgment is supported by the evidence submitted as to Elevity, but insufficient to show alter ego liability as to the individual defendants. 

Plaintiff shall lodge an amended judgment accordingly.  The court sets an OSC re entry of judgment as to Elevity and status as to individual defendants for _____________.

Discussion

As to the alter ego theories against the individual defendants, the only evidence that Plaintiff offers is that Michael Bahlitzanakis signed the agreement at issue and holds himself out to be the CEO and/or partner of the LLC.  Plaintiff argues that the individual defendants control Elevity because they manage Elevity.  Plaintiff notes that because discovery has been thwarted, Plaintiff does not have the information to obtain evidence on the factors to pierce the corporate veil (e.g., commingling of funds, assumption of assets, failure to keep corporate records, etc.)  Unfortunately, without this evidence, the fact that the individual defendants manage Elevity, alone, is not sufficient to establish alter ego.  Further, there is no showing of an inequitable result (e.g., that Elevity is insolvent).  The request is denied at this time as to the individual defendants.    

Plaintiff shall advise the court as to its present intentions against the individual defendants.