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.
****7495
10/19/2017
Pending - Other Pending
Los Angeles County Superior Courts
Burbank Courthouse
Los Angeles, California
LAURA A. MATZ
OTHER DISTRICT JUDGE
CURTIS A. KIN
MARKS NEAL TRUSTEE
R.E GARDINIER JR. DESIGN + CONSTRUCTION
GARDINIER ROBERT E. AN INDIVIDUAL
GARDINIER ROBERT
WYSONG DAVID
HAZIE LAZAROF DBA HAZIE LAZAROF TILE AND STONE
LAZAROF HAZIE DBA HAZIE LAZAROF TILE AND STONE
WYSONG DAVID KENNETH DBA ATH CONSTRUCTION
ROBERT M. BARTA
BARTA ROBERT M.
BARTA ROBERT MARC
MICHELMAN & ROBINSON LLP
BREMER WHYTE BROWN & O'MEARA LLP
BREMER KEITH GLENN
JEFFERY MONA
JEFFERY MONA JANE
1/15/2020: Opposition - OPPOSITION PLAINTIFFS NOTICE OF NON-OPPOSITION TO DEFENDANTS MOTION FOR LEAVE TO FILE CROSS-COMPLAINT
11/21/2019: Motion for Leave to File a Cross-Complaint
8/8/2019: Notice of Change of Firm Name
5/31/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL FURTHER RESPONSE...)
5/23/2019: Objection - OBJECTION PLAINTIFF'S OBJECTION TO A. KHARAZMI DECLARATION
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
10/19/2017: Notice of Case Assignment - Unlimited Civil Case
10/19/2017: Civil Case Cover Sheet
1/8/2018: Minute Order - MINUTE ORDER ENTERED: 2018-01-08 00:00:00
1/11/2018: Legacy Document - LEGACY DOCUMENT TYPE: DEMURRER
1/11/2018: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION
2/15/2018: Substitution of Attorney
2/21/2018: Notice of Ruling
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.
3/28/2019: Separate Statement
1/28/2019: Notice of Case Reassignment and Order for Plaintiff to Give Notice
7/3/2018: Notice of Ruling -
7/3/2018: Answer -
Hearing08/30/2021 at 09:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Jury Trial
Hearing08/30/2021 at 09:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Jury Trial
Hearing08/19/2021 at 10:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Final Status Conference
Hearing08/19/2021 at 10:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Final Status Conference
Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Trial Setting Conference - Held
Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Trial Setting Conference - Held
DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk
DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk
DocketNotice and Acknowledgment of Receipt; Filed by MARKS, NEAL TRUSTEE (Plaintiff)
DocketNotice and Acknowledgment of Receipt; Filed by MARKS, NEAL TRUSTEE (Plaintiff)
DocketRequest (FOR COPIES -COMPLAINT & CIVIL CASE COVER SHEET ); Filed by Interested Party
DocketRequest; Filed by Interested Party
DocketSummons; Filed by null
DocketCivil Case Cover Sheet
DocketSummons Filed
DocketComplaint filed-Summons Issued
DocketNotice (of OSC)
DocketNotice of Case Management Conference
DocketNotice of Case Assignment - Unlimited Civil Case
DocketComplaint filed-Summons Issued; Filed by null
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.