This case was last updated from Los Angeles County Superior Courts on 10/26/2020 at 05:25:18 (UTC).

NEIL MARKS,TRUSTEE VS R.E GARDINIER JR. DESIGN

Case Summary

On 10/19/2017 NEIL MARKS,TRUSTEE filed a Contract - Other Contract lawsuit against R E GARDINIER JR DESIGN. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. MATZ, OTHER DISTRICT JUDGE and CURTIS A. KIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7495

  • Filing Date:

    10/19/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. MATZ

OTHER DISTRICT JUDGE

CURTIS A. KIN

 

Party Details

Plaintiff

MARKS NEAL TRUSTEE

Defendants and Cross Plaintiffs

R.E GARDINIER JR. DESIGN + CONSTRUCTION

GARDINIER ROBERT E. AN INDIVIDUAL

GARDINIER ROBERT

WYSONG DAVID

HAZIE LAZAROF DBA HAZIE LAZAROF TILE AND STONE

Cross Defendants

LAZAROF HAZIE DBA HAZIE LAZAROF TILE AND STONE

WYSONG DAVID KENNETH DBA ATH CONSTRUCTION

Attorney/Law Firm Details

Plaintiff Attorneys

ROBERT M. BARTA

BARTA ROBERT M.

BARTA ROBERT MARC

Defendant and Cross Plaintiff Attorneys

MICHELMAN & ROBINSON LLP

BREMER WHYTE BROWN & O'MEARA LLP

BREMER KEITH GLENN

Cross Defendant Attorneys

JEFFERY MONA

JEFFERY MONA JANE

 

Court Documents

Opposition - OPPOSITION PLAINTIFFS NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

1/15/2020: Opposition - OPPOSITION PLAINTIFFS NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Motion for Leave to File a Cross-Complaint

11/21/2019: Motion for Leave to File a Cross-Complaint

Notice of Change of Firm Name

8/8/2019: Notice of Change of Firm Name

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL FURTHER RESPONSE...)

5/31/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL FURTHER RESPONSE...)

Objection - OBJECTION PLAINTIFF'S OBJECTION TO A. KHARAZMI DECLARATION

5/23/2019: Objection - OBJECTION PLAINTIFF'S OBJECTION TO A. KHARAZMI DECLARATION

Declaration - DECLARATION OF ALEXANDER H. KHARAZMI IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH REQUESTS FOR PRODUCTION, AND REQUEST FOR SANCTIONS IN THE AMOUNT

5/20/2019: Declaration - DECLARATION OF ALEXANDER H. KHARAZMI IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL COMPLIANCE WITH REQUESTS FOR PRODUCTION, AND REQUEST FOR SANCTIONS IN THE AMOUNT

Notice of Case Assignment - Unlimited Civil Case

10/19/2017: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

10/19/2017: Civil Case Cover Sheet

Minute Order - MINUTE ORDER ENTERED: 2018-01-08 00:00:00

1/8/2018: Minute Order - MINUTE ORDER ENTERED: 2018-01-08 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: DEMURRER

1/11/2018: Legacy Document - LEGACY DOCUMENT TYPE: DEMURRER

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

1/11/2018: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Substitution of Attorney

2/15/2018: Substitution of Attorney

Notice of Ruling

2/21/2018: Notice of Ruling

Declaration - DECLARATION OF DANIEL Y. SIMKIN IN SUPPORT OF PLAINTIFF NEAL MARKS MOTION TO COMPEL COMPLIANCE WITH REQUESTS FOR PRODUCTION AS AGREED, SET ONE, AND REQUEST FOR SANCTIONS UNDER C.C.P.

3/28/2019: Declaration - DECLARATION OF DANIEL Y. SIMKIN IN SUPPORT OF PLAINTIFF NEAL MARKS MOTION TO COMPEL COMPLIANCE WITH REQUESTS FOR PRODUCTION AS AGREED, SET ONE, AND REQUEST FOR SANCTIONS UNDER C.C.P.

Separate Statement

3/28/2019: Separate Statement

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/28/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice of Ruling -

7/3/2018: Notice of Ruling -

Answer -

7/3/2018: Answer -

99 More Documents Available

 

Docket Entries

  • 08/30/2021
  • Hearing08/30/2021 at 09:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Jury Trial

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  • 08/30/2021
  • Hearing08/30/2021 at 09:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Jury Trial

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  • 08/19/2021
  • Hearing08/19/2021 at 10:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Final Status Conference

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  • 08/19/2021
  • Hearing08/19/2021 at 10:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Final Status Conference

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  • 09/23/2020
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Trial Setting Conference - Held

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  • 09/23/2020
  • Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Trial Setting Conference - Held

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  • 09/23/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 09/23/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 09/22/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by MARKS, NEAL TRUSTEE (Plaintiff)

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  • 09/22/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by MARKS, NEAL TRUSTEE (Plaintiff)

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154 More Docket Entries
  • 10/31/2017
  • DocketRequest (FOR COPIES -COMPLAINT & CIVIL CASE COVER SHEET ); Filed by Interested Party

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  • 10/31/2017
  • DocketRequest; Filed by Interested Party

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  • 10/19/2017
  • DocketSummons; Filed by null

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  • 10/19/2017
  • DocketCivil Case Cover Sheet

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  • 10/19/2017
  • DocketSummons Filed

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  • 10/19/2017
  • DocketComplaint filed-Summons Issued

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  • 10/19/2017
  • DocketNotice (of OSC)

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  • 10/19/2017
  • DocketNotice of Case Management Conference

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  • 10/19/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case

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  • 10/19/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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Tentative Rulings

Case Number: EC067495    Hearing Date: January 31, 2020    Dept: E

MOTION FOR LEAVE TO FILE CROSS-COMPLAINT

Date: 1/31/20

Case: Neal Marks v. R.E. Gardinier J.R. Design+ Construction, Inc. (EC 067495)

TENTATIVE RULING:

Defendants R.E. Gardinier Jr. Design + Construction, Inc. and Robert E. Gardinier’s UNOPPOSED Motion for Leave to File Cross-Complaint is GRANTED.

Defendants seek leave to file a Cross-Complaint against David Kenneth Wysong d/b/a ATH Construction (“Wysong”) and Hazie Lazarof d/b/a Hazie Lazarof Tile and Stone (“Lazarof”). Defendants seek to assert claims of indemnity and contribution against Wysong and Lazarof because they are allegedly responsible for the construction defects about which plaintiff complains. These claims are compulsory because they arise out of the renovation of the subject property alleged in the First Amended Complaint. (See CCP §§ 426.10(c), 426.30(a); First Amended Compl. ¶¶ 17, 19, 51 [defendants allegedly charged with paint, carpet, and wall covering portions of project], ¶ 26 [subcontractor responsible for tile work].)

Defendants contend that they discovered the basis for their proposed cross-claims during the deposition of Wysong. (Kharazmi Decl. ¶ 4.) Although defendants do not state when the deposition took place, there is no evidence that defendants are acting in bad faith in moving to assert cross-claims against Wysong and Lazarof at this stage in the litigation. Further, plaintiff does not oppose the motion or assert any reason why the Court should find bad faith on the part of defendants.

Defendants R.E. Gardinier Jr. Design + Construction, Inc. and Robert E. Gardinier are ordered to file their Cross-Complaint within three court days of this ruling.