This case was last updated from Los Angeles County Superior Courts on 11/19/2021 at 03:17:48 (UTC).

RUBINCO INVESTMENTS, L.P. VS EBI NIKJOO DDS, INC.

Case Summary

On 08/24/2021 RUBINCO INVESTMENTS, L P filed a Property - Commercial Eviction lawsuit against EBI NIKJOO DDS, INC. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judge overseeing this case is SHIRLEY K. WATKINS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1125

  • Filing Date:

    08/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Commercial Eviction

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

SHIRLEY K. WATKINS

 

Party Details

Plaintiff

RUBINCO INVESTMENTS L.P.

Defendant

NIKJOO DDS INC. EBI

Attorney/Law Firm Details

Plaintiff Attorney

NUSSBAUM LANE

Defendant Attorneys

SHAMTOB EDRIN

JANFAZA RON A.

 

Court Documents

Opposition - OPPOSITION SUPPLEMENTAL OPPOSITION TO MOTION TO QUASH

10/28/2021: Opposition - OPPOSITION SUPPLEMENTAL OPPOSITION TO MOTION TO QUASH

Proof of Service (not Summons and Complaint)

11/2/2021: Proof of Service (not Summons and Complaint)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS)

11/2/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS)

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS

11/5/2021: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS

Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS)

11/5/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO QUASH SERVICE OF SUMMONS)

Notice of Ruling

11/5/2021: Notice of Ruling

Order - ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR ORDER ON DEFENDANT'S MOTION TO QUASH OR, IN THE ALTERNATIVE, SHORTENING TIME TO HEAR THE MOTION TO QUASH

11/5/2021: Order - ORDER RE PLAINTIFF'S EX PARTE APPLICATION FOR ORDER ON DEFENDANT'S MOTION TO QUASH OR, IN THE ALTERNATIVE, SHORTENING TIME TO HEAR THE MOTION TO QUASH

Proof of Service (not Summons and Complaint)

11/8/2021: Proof of Service (not Summons and Complaint)

Association of Attorney

11/10/2021: Association of Attorney

Ex Parte Application - EX PARTE APPLICATION FOR ORDER ON DEFENDANT'S MOTION TO QUASH OR, IN THE ALTERNATIVE, SHORTENING TIME TO HEAR THE MOTION TO QUASH

10/12/2021: Ex Parte Application - EX PARTE APPLICATION FOR ORDER ON DEFENDANT'S MOTION TO QUASH OR, IN THE ALTERNATIVE, SHORTENING TIME TO HEAR THE MOTION TO QUASH

Proof of Service (not Summons and Complaint)

10/12/2021: Proof of Service (not Summons and Complaint)

Opposition - OPPOSITION TO DEFENDANT'S MOTION TO QUASH

10/12/2021: Opposition - OPPOSITION TO DEFENDANT'S MOTION TO QUASH

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER ON DEFENDANT'S MOTI...)

10/14/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER ON DEFENDANT'S MOTI...)

Proof of Service by Substituted Service

9/22/2021: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

9/22/2021: Request for Entry of Default / Judgment

Motion to Quash Service of Summons

9/23/2021: Motion to Quash Service of Summons

Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (EBI NIKJOO DDS, INC.)

8/25/2021: Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (EBI NIKJOO DDS, INC.)

Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (ALL OCCUPANTS)

8/25/2021: Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (ALL OCCUPANTS)

13 More Documents Available

 

Docket Entries

  • 01/21/2022
  • Hearing01/21/2022 at 08:30 AM in Department T at 6230 Sylmar Ave., Van Nuys, CA 91401; Case Management Conference

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  • 12/09/2021
  • Hearing12/09/2021 at 08:30 AM in Department T at 6230 Sylmar Ave., Van Nuys, CA 91401; Hearing on Motion to Dismiss

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  • 11/10/2021
  • Docketat 08:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion to Dismiss ((Contained within the Motion to Quash)) - Not Held - Advanced and Continued - by Court

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  • 11/10/2021
  • DocketAssociation of Attorney; Filed by Ebi Nikjoo DDS, Inc. (Defendant)

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  • 11/08/2021
  • DocketProof of Service (not Summons and Complaint); Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 11/05/2021
  • Docketat 1:30 PM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion to Quash Service of Summons - Held - Motion Denied

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  • 11/05/2021
  • DocketMinute Order ( (Hearing on Motion to Quash Service of Summons)); Filed by Clerk

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  • 11/05/2021
  • DocketNotice of Ruling; Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 11/05/2021
  • DocketOpposition (PLAINTIFF?S OPPOSITION TO DEFENDANT?S MOTION TO DISMISS); Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 11/05/2021
  • DocketOrder (re Plaintiff's Ex Parte Application for Order on Defendant's Motion to Quash or, in the Alternative, Shortening Time to Hear the Motion to Quash); Filed by Rubinco Investments, L.P. (Plaintiff)

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11 More Docket Entries
  • 09/22/2021
  • DocketRequest for Entry of Default / Judgment; Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 08/27/2021
  • DocketNotice (of Case Management Conference); Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 08/25/2021
  • DocketNotice of Unlawful Detainer (Eviction) ((Ebi Nikjoo DDS, Inc.)); Filed by Clerk

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  • 08/25/2021
  • DocketNotice of Unlawful Detainer (Eviction) ((ALL OCCUPANTS)); Filed by Clerk

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  • 08/24/2021
  • DocketCivil Case Cover Sheet; Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 08/24/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/24/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 08/24/2021
  • DocketSummons (on Complaint); Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 08/24/2021
  • DocketSupplemental Cover Sheet and Allegations for Unlawful Detainer - Complaint; Filed by Rubinco Investments, L.P. (Plaintiff)

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  • 08/24/2021
  • DocketComplaint; Filed by Rubinco Investments, L.P. (Plaintiff)

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Tentative Rulings

b'

Case Number: 21VECV01125 Hearing Date: December 9, 2021 Dept: T

TENTATIVE RULING

21VECV01125

MTN TO DISMISS

12/9/2022

For the reasons stated in the opposition, the court denies the motion to dismiss.

Defendant’s motion to dismiss consists\r\nof three paragraphs and zero legal authority. Defendant claims that the Court must dismiss the\r\ninstant unlawful detainer because there is “a Moratorium in place as to evictions [which] have stopped\r\nall unlawful detainer actions from proceeding at this time in light of the emergency.” (Defendant’s\r\nMotion, 9:15-16). This does not provide\r\nvalid grounds for granting a Motion to Dismiss. Moreover, Defendant fails to provide a specific\r\nreference to any moratoria to which it refers in its Motion. No authority is cited for the proposition that there is any applicable law which prohibits this case from going forward.

'b'

Case Number: 21VECV01125 Hearing Date: November 2, 2021 Dept: T

\r\n\r\n

\r\n \r\n \r\n \r\n \r\n \r\n
\r\n

RUBINCO\r\n INVESTMENTS, L.P.,

\r\n

\r\n

Plaintiff,

\r\n

\r\n

vs.

\r\n

\r\n

EBI NIKJOO DDS,\r\n INC., et al.,

\r\n

\r\n

Defendants.

\r\n
\r\n

\r\n
\r\n

CASE NO: 21VECV01125

\r\n

\r\n

[TENTATIVE]\r\n ORDER RE:

\r\n

MOTION\r\n TO QUASH SERVICE OF SUMMONS AND COMPLAINT

\r\n

\r\n

Dept. T

\r\n

8:30 a.m.

\r\n

November 2, 2021

\r\n
\r\n\r\n

\r\n\r\n

[TENTATIVE] ORDER: Defendant Ebi Nikjoo DDS, Inc.’s Motion to\r\nQuash Service of the Summons and Complaint is DENIED. Defendant\r\nEbi Nikjoo DDS, Inc.’s Motion to Dismiss set for November 10, 2021 remains on\r\ncalendar.

\r\n\r\n

\r\n\r\n

Introduction\r\n

\r\n\r\n

Defendant Ebi Nikjoo DDS,\r\nInc. (“Defendant”) moves to quash service of the summons and complaint for\r\nimproper service of process. Plaintiff\r\nRubinco Investments, L.P. (“Plaintiff”) opposes the motion.

\r\n\r\n

\r\n\r\n

Procedure\r\n

\r\n\r\n

Plaintiff objects to the\r\ntimeliness of the motion as being late. \r\n“Where the defendant files a notice of motion as provided for in\r\nsubdivision (a) of Section 418.10, the time for making the motion shall be not\r\nless than three days nor more than seven days after the filing of the\r\nnotice.” (CCP sec. 1167.4(a).) Defendant filed the Notice (with the Motion)\r\non September 23, 2021. The hearing was\r\nto be conducted at the earliest on September 27, 2021 and the latest on\r\nSeptember 30, 2021 (as opposed to October 1, 2021 as argued by Plaintiff.) Defendant set the hearing for this motion on\r\nDecember 1, 2021 but the hearing was reset via ex parte application by\r\nPlaintiff to November 2, 2021. The\r\nmotion is set to be heard untimely even with the Court granting Plaintiff’s ex\r\nparte application.

\r\n\r\n

Even if the Court were to\r\nconsider the hearing to be set in a timely manner due to the ruling on the ex\r\nparte application, the Motion is untimely filed. A response to the unlawful detainer complaint\r\nmust be filed within five days of service. \r\n(CCP sec. 1164.) Plaintiff\r\nsubmits the proof of service (“POS”) on the Summons and Complaint (“S&C.”)\r\n(Kuraym Decl. par. 9, Exh. 3.) The POS\r\nshows that substitute service was effected on August 31, 2021 and mailed on the\r\nsame day. Service was complete ten days\r\nafter mailing, making service complete on September 10, 2021. (CCP sec. 415.20(a).) The deadline to file the instant motion was\r\nSeptember 15, 2021. This motion being\r\nfiled on September 23, 2021 makes it untimely filed.

\r\n\r\n

The motion to quash\r\nservice of summons and complaint is DENIED.

\r\n\r\n

\r\n\r\n'b"

Case Number: 21VECV01125 Hearing Date: October 21, 2021 Dept: T

RUBINCO V NIKJOO

21VECV01125

Tentative ruling:

DEFENDANT’S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANT EBI NIKJOO, D.D.S., INC.

1. Motion to Quash is advanced to 10/14/2021.

2. Motion to Quash Service on Ebi Nikjoo, D.D.S. Inc. is granted. There was improper service on the corporation. Neither Corp. Code 1701 (service on registered agent for service of process) nor Corp. Code 1702 (alternate service on Secretary of State per court order) were effectuated.

3. Methods of service allowed on a California corporation:

Corp. Code 1701. Delivery by hand of a copy of any process against the

corporation (a) to any natural person designated by it as agent or

(b), if a corporate agent has been designated, to any person named in

the latest certificate of the corporate agent filed pursuant to

Section 1505 at the office of such corporate agent shall constitute

valid service on the corporation.

Corp. Code 1702. (a) If an agent for the purpose of service of process has

resigned and has not been replaced or if the agent designated cannot

with reasonable diligence be found at the address designated for

personally delivering the process, or if no agent has been

designated, and it is shown by affidavit to the satisfaction of the

court that process against a domestic corporation cannot be served

with reasonable diligence upon the designated agent by hand in the

manner provided in Section 415.10, subdivision (a) of Section 415.20

or subdivision (a) of Section 415.30 of the Code of Civil Procedure

or upon the corporation in the manner provided in subdivision (a),

(b) or (c) of Section 416.10 or subdivision (a) of Section 416.20 of

the Code of Civil Procedure, the court may make an order that the

service be made upon the corporation by delivering by hand to the

Secretary of State, or to any person employed in the Secretary of

State's office in the capacity of assistant or deputy, one copy of

the process for each defendant to be served, together with a copy of

the order authorizing such service. Service in this manner is deemed

complete on the 10th day after delivery of the process to the

Secretary of State.

MOTION TO DISMISS (CONTAINED WITHIN THE MOTION TO QUASH)

1. Motion to Dismiss is set for hearing on 10/21/2021 at 8:30 a.m. Opposition is due to be emailed served and efiled by 4:30 p.m. on 10/19/2021. Reply must be filed prior to the hearing.

2. Defendant is notified that in future filings, each motion must be separately filed with a separate reservation and fee.

CMC OF 1/21/2021 IS ADVANCED TO 10/21/2021 AT 8:30 A.M.

NOTICE BY MOVING PARTY.

"b"

Case Number: 21VECV01125 Hearing Date: October 14, 2021 Dept: T

RUBINCO V NIKJOO

21VECV01125 10/14/2021

Tentative ruling:

DEFENDANT’S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT ON DEFENDANT EBI NIKJOO, D.D.S., INC.

1. Motion to Quash is advanced to 10/14/2021.

2. Motion to Quash Service on Ebi Nikjoo, D.D.S. Inc. is granted. There was improper service on the corporation. Neither Corp. Code 1701 (service on registered agent for service of process) nor Corp. Code 1702 (alternate service on Secretary of State per court order) were effectuated.

3. Methods of service allowed on a California corporation:

Corp. Code 1701. Delivery by hand of a copy of any process against the

corporation (a) to any natural person designated by it as agent or

(b), if a corporate agent has been designated, to any person named in

the latest certificate of the corporate agent filed pursuant to

Section 1505 at the office of such corporate agent shall constitute

valid service on the corporation.

Corp. Code 1702. (a) If an agent for the purpose of service of process has

resigned and has not been replaced or if the agent designated cannot

with reasonable diligence be found at the address designated for

personally delivering the process, or if no agent has been

designated, and it is shown by affidavit to the satisfaction of the

court that process against a domestic corporation cannot be served

with reasonable diligence upon the designated agent by hand in the

manner provided in Section 415.10, subdivision (a) of Section 415.20

or subdivision (a) of Section 415.30 of the Code of Civil Procedure

or upon the corporation in the manner provided in subdivision (a),

(b) or (c) of Section 416.10 or subdivision (a) of Section 416.20 of

the Code of Civil Procedure, the court may make an order that the

service be made upon the corporation by delivering by hand to the

Secretary of State, or to any person employed in the Secretary of

State's office in the capacity of assistant or deputy, one copy of

the process for each defendant to be served, together with a copy of

the order authorizing such service. Service in this manner is deemed

complete on the 10th day after delivery of the process to the

Secretary of State.

MOTION TO DISMISS (CONTAINED WITHIN THE MOTION TO QUASH)

1. Motion to Dismiss is set for hearing on 10/21/2021 at 8:30 a.m. Opposition is due to be emailed served and efiled by 4:30 p.m. on 10/19/2021. Reply must be filed prior to the hearing.

2. Defendant is notified that in future filings, each motion must be separately filed with a separate reservation and fee.

CMC OF 1/21/2021 IS ADVANCED TO 10/21/2021 AT 8:30 A.M.

NOTICE BY MOVING PARTY.

"
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