This case was last updated from Los Angeles County Superior Courts on 07/19/2019 at 02:05:44 (UTC).

ROBERT KRASKIAN VS GEORGI A. ROBINSON

Case Summary

On 05/07/2018 a Contract - Other Contract case was filed by ROBERT KRASKIAN against GEORGI A ROBINSON in the jurisdiction of Los Angeles County Superior Courts, Glendale Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8176

  • Filing Date:

    05/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Glendale Courthouse

  • County, State:

    Los Angeles, California

Judge Details

RALPH C. HOFER

 

Party Details

Plaintiff and Cross Defendant

KRASKIAN ROBERT

Defendant and Cross Plaintiff

ROBINSON GEORGI A.

 

Court Documents

Civil Case Cover Sheet

5/7/2018: Civil Case Cover Sheet

Legacy Document

5/7/2018: Legacy Document

Notice

5/7/2018: Notice

Legacy Document

7/17/2018: Legacy Document

Minute Order

7/23/2018: Minute Order

Request for Entry of Default / Judgment

7/24/2018: Request for Entry of Default / Judgment

Separate Statement

8/16/2018: Separate Statement

Legacy Document

8/16/2018: Legacy Document

Legacy Document

8/16/2018: Legacy Document

Demurrer - without Motion to Strike

8/16/2018: Demurrer - without Motion to Strike

Notice of Motion

8/16/2018: Notice of Motion

Case Management Statement

9/24/2018: Case Management Statement

Response

10/31/2018: Response

Notice of Ruling

11/13/2018: Notice of Ruling

Case Management Statement

1/4/2019: Case Management Statement

Case Management Statement

1/11/2019: Case Management Statement

Notice of Ruling

6/5/2019: Notice of Ruling

Minute Order

6/5/2019: Minute Order

28 More Documents Available

 

Docket Entries

  • 07/18/2019
  • Case Management Statement; Filed by GEORGI A. ROBINSON (Cross-Complainant)

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  • 06/05/2019
  • at 08:30 AM in Department D; Order to Show Cause Re: (Sanctions Pursuant to Section 177.5 CCP for Counsel for Defendant's Failure to Appear on 03/26/2019) - Not Held - Vacated by Court

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  • 06/05/2019
  • at 08:30 AM in Department D; Status Conference (Re Mediation and Discovery) - Held - Continued

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  • 06/05/2019
  • Minute Order ( (Status Conference Re Mediation and Discovery; 2) Order to Sho...)); Filed by Clerk

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  • 06/05/2019
  • Notice of Ruling; Filed by ROBERT KRASKIAN (Plaintiff)

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  • 05/30/2019
  • Declaration (of Eric Olson re Order to Show Cause); Filed by GEORGI A. ROBINSON (Cross-Complainant)

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  • 05/30/2019
  • Case Management Statement; Filed by GEORGI A. ROBINSON (Cross-Complainant)

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  • 03/26/2019
  • at 08:30 AM in Department D; Status Conference (Re Mediation and Discovery) - Held - Continued

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  • 03/26/2019
  • Certificate of Mailing for (Minute Order (Status Conference Re Mediation and Discovery) of 03/26/2019); Filed by Clerk

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  • 03/26/2019
  • Minute Order ( (Status Conference Re Mediation and Discovery)); Filed by Clerk

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45 More Docket Entries
  • 05/07/2018
  • Notice (of Assignment); Filed by Clerk

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  • 05/07/2018
  • Civil Case Cover Sheet (Civil Case Cover Sheet Addendum and Statement of Location); Filed by Clerk

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  • 05/07/2018
  • Summons Filed; Filed by Plaintiff & Plaintiff in Pro Per

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  • 05/07/2018
  • OSC-Failure to File Proof of Serv; Filed by Court

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  • 05/07/2018
  • Notice-Case Management Conference; Filed by Court

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  • 05/07/2018
  • Summons (on Complaint); Filed by Plaintiff

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  • 05/07/2018
  • Complaint filed-Summons Issued

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  • 05/07/2018
  • Notice of Case Management Conference; Filed by Court

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  • 05/07/2018
  • OSC-Failure to File Proof of Serv; Filed by Court

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  • 05/07/2018
  • Complaint filed-Summons Issued; Filed by Plaintiff & Plaintiff in Pro Per

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Tentative Rulings

Case Number: EC068176    Hearing Date: November 01, 2019    Dept: NCD

TENTATIVE RULING

Calendar: 13

Date: 11/1/19

Case No: EC 068176 Trial Date: December 9, 2019

Case Name: Kraskian v. Robinson

MOTION TO TRANSFER CASE

Moving Party: Defendant Georgi A. Robinson

Responding Party: Plaintiff Robert Kraskian (No Opposition)

RELIEF REQUESTED:

Transfer the case to Venture County

RULING:

[No Opposition]

UNOPPOSED Motion for Transfer of Case to Ventura County is GRANTED.

SUMMARY OF FACTS:

Plaintiff Robert Kraskian brings this action alleging that he is the residential tenant of defendant Georgi Robinson under an oral rental agreement made March 20, 2017 for $3,400 per month on a month-to-month basis for possession of premises in Ventura. Plaintiff alleges that the agreement also included an agreement for plaintiff to perform and be compensated for repairs of the premises in the amount of $50,000, which plaintiff has performed.

Plaintiff alleges that on March 15, 2018, defendant emailed a notice of termination to plaintiff, without serving such notice as required, and without providing the statutory period to vacate. Plaintiff paid full rent for April of 2018, by check delivered to defendant, which was received and held, which plaintiff alleges waived any notice of termination.

The complaint alleges that on April 22, 2018, defendant changed the locks on the premises and altered garage access in order to prevent plaintiff’s entry onto the premises, in violation of Civil Code § 789.3. It is also alleged that plaintiff’s personal property, all but the clothes he wore on that day, remained inside the locked premises, and defendant refused and continues to refuse to surrender that personal property, constituting defendant’s conversion of the personal property. The complaint alleges causes of action for lockout, conversion, trespass, quantum meruit, false promise fraud, wrongful eviction, declaratory and injunctive relief, and breach of contract.

Defendant Robinson has filed an answer to the complaint, along with a cross-complaint against plaintiff Kraskian, alleging that the parties entered into an oral agreement for month-to-month tenancy to rent the premises. The cross-complaint alleges that the agreement was that rent would be the amount of $3,400, payable in advance on the first day of each month, commencing March 1, 2017, and that thereafter rent was increased to $4,100, commencing August 1, 2017. Robinson alleges that cross-defendant Kraskian in April of 2018 breached the agreement by failing to pay rent in the amount of $4,100, as a result of which Robinson has suffered damages. The cross-complaint alleges a cause of action for recovery of rent.

ANALYSIS:

Defendant Robinson brings this motion seeking to transfer the action to Ventura County on the ground the convenience of witnesses and the ends of justice would be promoted by such a transfer.

Under CCP § 397:

“The court may, on motion, change the place of trial in the following cases:   “(c) When the convenience of witnesses and the ends of justice would be promoted by the change.”

The burden of proving that both the convenience of witnesses and the ends of justice would be promoted is on the moving party. Willingham v. Pecora (1941) 44 Cal.App.2d 289, 295. A determination of, “change of place of trial for convenience for witnesses and the promotion of the ends of justice is discretionary with the trial court and subject to reversal only on a clear showing of abuse…” Flanagan v. Flanagan (1959, 2nd Dist.) 175 Cal.App.2d 641, 643, citations omitted.

Here, defendant submits a declaration indicating that this action involves issues pertaining to the terms of a rental of a house in Ventura, the termination of plaintiff’s occupancy, and whether he is entitled to compensation for work performed by plaintiff at the Ventura house, as well as matters pertaining to the condition of the house. [Olson Decl. ¶ 3]. The issues include a contention by defendant that plaintiff installed a spa and a large concrete pad that is damaging the property, and defendant argues that it is possible that the parties will ask the court to conduct a site visit to the house to observe its condition. [Olson Decl. ¶ 3].

The declaration indicates that at the time the action was filed, defendant was living in her home in Glendale, but in February 2019 moved to the Ventura house because of her health. [Olson Decl. ¶ 4]. Defendant is 80 years old, and when counsel spoke with her on October 2, 2019, she was in the hospital. [Olson Decl. ¶¶ 4, 5]. The declaration also indicates that the primary witnesses in this matter will be defendant, who lives in Ventura County, plaintiff’s daughter, Laura Wilke, who lives in Ventura County, and plaintiff. [Olson Decl. ¶ 6]. The declaration indicates that although plaintiff’s address of record in this matter is in Glendale, plaintiff has advised counsel for defendant that the address is the residence of defendant’s sister, and that the most recent information provided by defendant indicates that defendant lives in Oxnard, in Ventura County. [Olson Decl. ¶ 8].

It would appear that the declaration is sufficient to establish both that the convenience of witnesses and the ends of justice would be promoted by a change of venue of this matter to Ventura County, particularly if a site visit is necessary. There has been no timely opposition filed here, and the file seems to show that this issue has been raised at hearings since June of 2019, and it appears that plaintiff does not object to the court granting the motion and transferring the case. It would appear that Ventura County, where the property is located, the actions occurred, and the main players currently reside, would have the greater interest in this case as well. The unopposed motion should accordingly be granted.