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 and CURTIS A. KIN. The case status is Pending - Other Pending.
Case Details
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Case Number:
****7495
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Filing Date:
10/19/2017
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Burbank Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
LAURA A. MATZ
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
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 -
Docket Entries
- 08/30/2021
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Hearing08/30/2021 at 09:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Jury Trial
- 08/19/2021
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Hearing08/19/2021 at 10:00 AM in Department E at 600 East Broadway, Glendale, CA 91206; Final Status Conference
- 09/23/2020
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Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Trial Setting Conference - Held
- 09/23/2020
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DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk
- 09/22/2020
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DocketProof of Service by Substituted Service; Filed by MARKS, NEAL TRUSTEE (Plaintiff)
- 09/22/2020
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DocketNotice and Acknowledgment of Receipt; Filed by MARKS, NEAL TRUSTEE (Plaintiff)
- 09/08/2020
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DocketCase Management Statement; Filed by MARKS, NEAL TRUSTEE (Plaintiff)
- 06/30/2020
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Docketat 08:30 AM in Department E, Curtis A. Kin, Presiding; Trial Setting Conference - Held - Continued
- 06/30/2020
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DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk
- 06/30/2020
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DocketNotice of Ruling; Filed by MARKS, NEAL TRUSTEE (Plaintiff)
- 10/31/2017
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DocketRequest (FOR COPIES -COMPLAINT & CIVIL CASE COVER SHEET ); Filed by Interested Party
- 10/31/2017
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DocketRequest; Filed by Interested Party
- 10/19/2017
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DocketSummons; Filed by null
- 10/19/2017
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DocketCivil Case Cover Sheet
- 10/19/2017
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DocketSummons Filed
- 10/19/2017
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DocketComplaint filed-Summons Issued
- 10/19/2017
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DocketNotice (of OSC)
- 10/19/2017
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DocketNotice of Case Management Conference
- 10/19/2017
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DocketNotice of Case Assignment - Unlimited Civil Case
- 10/19/2017
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DocketComplaint filed-Summons Issued; Filed by null
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.
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