This case was last updated from Los Angeles County Superior Courts on 12/26/2021 at 02:46:19 (UTC).

SHAHNA EMIKO CERVANTES ET AL VS JASON S ABBOUD

Case Summary

On 03/09/2017 SHAHNA EMIKO CERVANTES filed a Contract - Other Contract lawsuit against JASON S ABBOUD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are FREDERICK C. SHALLER, STEVEN J. KLEIFIELD, MICHAEL P. LINFIELD and MICHELLE WILLIAMS COURT. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3233

  • Filing Date:

    03/09/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

FREDERICK C. SHALLER

STEVEN J. KLEIFIELD

MICHAEL P. LINFIELD

MICHELLE WILLIAMS COURT

 

Party Details

Plaintiffs and Defendants

CERVANTES SHAHNA EMIKO

SETO EFREN

STATE FARM GENERAL INSURANCE COMPANY

ABBOUD JASON S

ABBOUD JASON S.

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

ROMERO LAW APC

ROMERO ALAN J.

PILLEMER DAVID B.

Defendant and Respondent Attorneys

SAFARIAN HARRY A.

SAFARIAN & BAROIAN LLP

 

Court Documents

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

12/10/2021: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Notice of Change of Address or Other Contact Information

12/15/2021: Notice of Change of Address or Other Contact Information

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR TERMINATING SANCTIONS) OF 12/10/2021

12/10/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR TERMINATING SANCTIONS) OF 12/10/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

12/10/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

Ex Parte Application - EX PARTE APPLICATION PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER SPECIALLY SETTING AND SHORTENING TIME TO HEAR PLAINTIFFS MOTION FOR TERMINATING SANCTIONS AGAINST DEFENDANT JAS

9/30/2021: Ex Parte Application - EX PARTE APPLICATION PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER SPECIALLY SETTING AND SHORTENING TIME TO HEAR PLAINTIFFS MOTION FOR TERMINATING SANCTIONS AGAINST DEFENDANT JAS

Opposition - OPPOSITION DEFENDANT JASON ABBOUDS LIMITED OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER SPECIALLY SETTING AND SHORTENING TIME TO HEAR PLAINTIFFS MOTION FOR TERMINATION SA

9/30/2021: Opposition - OPPOSITION DEFENDANT JASON ABBOUDS LIMITED OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER SPECIALLY SETTING AND SHORTENING TIME TO HEAR PLAINTIFFS MOTION FOR TERMINATION SA

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER SPECIALLY SETTIN...)

10/1/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER SPECIALLY SETTIN...)

Opposition - OPPOSITION DEFENDANT JASON ABBOUDS OPPOSITION TO PLAINTIFFS MOTION FOR TERMINATING SANCTIONS

11/17/2021: Opposition - OPPOSITION DEFENDANT JASON ABBOUDS OPPOSITION TO PLAINTIFFS MOTION FOR TERMINATING SANCTIONS

Notice Re: Continuance of Hearing and Order

11/18/2021: Notice Re: Continuance of Hearing and Order

Reply - REPLY PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR TERMINATING, ISSUE, AND EVIDENTIARY SANCTIONS; OR IN THE ALTERNATIVE TO COMPEL DEFENDANT TO COMPLY WITH THE COURTS DISC

12/1/2021: Reply - REPLY PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR TERMINATING, ISSUE, AND EVIDENTIARY SANCTIONS; OR IN THE ALTERNATIVE TO COMPEL DEFENDANT TO COMPLY WITH THE COURTS DISC

Separate Statement

9/14/2021: Separate Statement

Motion for Terminating Sanctions

9/14/2021: Motion for Terminating Sanctions

Separate Statement

3/4/2021: Separate Statement

Proof of Service (not Summons and Complaint)

3/4/2021: Proof of Service (not Summons and Complaint)

Motion to Compel - MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO DEPOSITION NOTICE

3/4/2021: Motion to Compel - MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO DEPOSITION NOTICE

Declaration - DECLARATION OF EDWARD S. WELLS IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO DEPOSITION NOTICE

3/4/2021: Declaration - DECLARATION OF EDWARD S. WELLS IN SUPPORT OF MOTION TO COMPEL PRODUCTION OF DOCUMENTS RESPONSIVE TO DEPOSITION NOTICE

Ex Parte Application - EX PARTE APPLICATION PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO ADVANCE HEARING ON MOTION TO COMPEL TO PRODUCE DOCUMENTS RESPONSIVE TO DEPOSITION NOTICE TO

3/8/2021: Ex Parte Application - EX PARTE APPLICATION PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO ADVANCE HEARING ON MOTION TO COMPEL TO PRODUCE DOCUMENTS RESPONSIVE TO DEPOSITION NOTICE TO

Opposition - OPPOSITION DEFENDANT JASON ABBOUD'S OPPOSITION TO PLAINTIFFS' E PARTE APPLICLATION FOR ORDER SHORTENING TIME FOR HEARING DISCOVERY MOTION

3/10/2021: Opposition - OPPOSITION DEFENDANT JASON ABBOUD'S OPPOSITION TO PLAINTIFFS' E PARTE APPLICLATION FOR ORDER SHORTENING TIME FOR HEARING DISCOVERY MOTION

121 More Documents Available

 

Docket Entries

  • 02/14/2022
  • Hearing02/14/2022 at 10:00 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 02/04/2022
  • Hearing02/04/2022 at 08:30 AM in Department 74 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/15/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by Shahna Emiko Cervantes (Plaintiff)

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  • 12/10/2021
  • Docketat 08:30 AM in Department 74, Michelle Williams Court, Presiding; Hearing on Motion for Terminating Sanctions - Held - Motion Denied

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  • 12/10/2021
  • DocketMinute Order ( (Hearing on Motion for Terminating Sanctions)); Filed by Clerk

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  • 12/10/2021
  • DocketCertificate of Mailing for ((Hearing on Motion for Terminating Sanctions) of 12/10/2021); Filed by Clerk

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  • 12/10/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore; Filed by Jason S Abboud (Defendant)

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  • 12/02/2021
  • Docketat 08:30 AM in Department 74, Michelle Williams Court, Presiding; Hearing on Motion for Terminating Sanctions - Not Held - Continued - Court's Motion

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  • 12/01/2021
  • DocketReply (PLAINTIFFS REPLY TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR TERMINATING, ISSUE, AND EVIDENTIARY SANCTIONS; OR IN THE ALTERNATIVE TO COMPEL DEFENDANT TO COMPLY WITH THE COURTS DISCOVERY ORDERS; AND MONETARY SANCTIONS); Filed by Shahna Emiko Cervantes (Plaintiff); Efren Seto (Plaintiff)

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  • 11/18/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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217 More Docket Entries
  • 04/24/2017
  • DocketDECLARATION OF ROBERT OLIVER REGARDING: MEET AND CONFER IN ADVANCE OF FILING DEMURRER PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 430.41, ET SEQ.

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  • 04/03/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/03/2017
  • DocketProof-Service/Summons; Filed by Shahna Emiko Cervantes (Plaintiff)

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  • 03/13/2017
  • DocketNotice; Filed by Shahna Emiko Cervantes (Plaintiff)

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  • 03/13/2017
  • DocketNOTICE OF POSTING JURY FEES

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  • 03/09/2017
  • DocketComplaint; Filed by Shahna Emiko Cervantes (Plaintiff); Efren Seto (Plaintiff)

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  • 03/09/2017
  • DocketSUMMONS

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  • 03/09/2017
  • DocketCIVIL DEPOSIT

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  • 03/09/2017
  • DocketComplaint; Filed by State Farm General Insurance Company (Plaintiff)

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  • 03/09/2017
  • DocketUNLIMITED COMPLAINT FOR DAMAGES 1. BREACH OF ORAL CONTRACT ;ETC

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Tentative Rulings

b'

Case Number: ****3233 Hearing Date: December 10, 2021 Dept: 74

****3233 SHAHNA EMIKO CERVANTES vs JASON S ABBOUD

Plaintiffs’ Motion for Terminating, Issue, Evidentiary and Monetary Sanctions

TENTATIVE RULING: Documents have been produced and therefore terminating, evidentiary, issue sanctions are not appropriate. However, Defendant has failed timely serve documents and a motion to compel was required to secure production. With documents still pending, monetary sanctions are appropriate. The Motion for Terminating Sanctions is DENIED, as to terminating sanctions, evidentiary sanctions, and issue sanctions, but GRANTED, as to monetary sanctions.

Defendant Jason S. Abboud, Trustee of The Abboud Family Trust, and his attorney of record, Harry A. Safarian shall pay monetary sanctions to plaintiffs in the amount of $6,345 within 20 days.

'


Case Number: ****3233    Hearing Date: December 14, 2020    Dept: 74

****3233 SHAHNA EMIKO CERVANTES vs JASON S ABBOUD

Plaintiffs’ Motion for Leave to Conduct Limited Discovery and Motion for Leave to Counter Designate an Expert Witness

TENTATIVE RULINGS: Plaintiffs’ Motion for Leave to Conduct Limited Discovery is granted. Plaintiffs’ motion for leave to counter designate an expert witness is denied.

ALL COUNSEL ARE REMINDED OF THE COURT’S AUGUST 1, 2018 ORDER TO COMPLY WITH THE COURT’S GUIDELINES FOR CIVILITIY IN LITIGATION FOUND IN APPENDIX 3A TO THE LASC LOCAL RULES. ANY FUTURE FAILURE TO COMPLY WITH THESE GUIDELINES COULD RESULT IN MONETARY SANCTIONS OR REPORTING TO THE STATE BAR OF CALIFORNIA.

Motion for Leave to Conduct Limited Discovery

Plaintiffs wish to depose Defendant, Mr. Clark and Mr. Koster as the issues raised by Defendant’s motion to exclude evidence of a fire at the premises, Defendant’s motion to exclude evidence Defendant participated in insurance fraud and Plaintiffs’ motion to exclude the fire report prepared by Mr. Clark and relied upon for Mr. Koster’s testimony warrant such discovery. (Motion, p.3:24-28.) Plaintiffs further argue that recent motions, addition of witnesses, the parties meet and confer efforts, COVID-19, continuance of the trial date and Plaintiffs’ counsel’s recent health failures all led to this motion being filed in July 2020 instead of an earlier filing date. (Motion, p.4:7-5:11.) Furthermore, the trial date has not been set for this matter; therefore, there is no likelihood that the depositions will interfere with the trial calendar.

In opposition to this motion, Defendant argues that the original discovery cut-off date was January 19, 2020 and Plaintiffs had the opportunity to conduct the discovery prayed for in this motion within the preceding three years. (Opp., p.2:8-3:4.) Defendant further argues the Court should not give Plaintiffs a third bite at the apple since the only discovery served in this matter were written discovery requests. (Opp., p3:5-9.) Despite such, Defendant failed to show how the limited discovery will prejudice his client or hinder the trial calendar.

The motion is granted as such discovery will not interfere with the trial calendar. Code Civ. Proc. ;; 2017.010, 2017.020 and 2024.050.

Motion for Leave to Counter Designate an Expert Witness

Plaintiffs move for an order granting leave to counter-designate an expert witness pursuant to CCP ;2034.720.

In this case, the demand for expert information was due on April 29, 2019. (Opp., p.3:4-6.) Defendant designated an expert while Plaintiffs failed to do so but propounded discovery requests upon Defendant on April 18, 2019. (Opp., p.3:6-18.) Furthermore, Plaintiffs filed this motion and its counter-designation of expert witness on July 27, 2020, over a year after such designation was due, which makes Plaintiffs motion and counter-designation untimely. (Motion, Exhibit 3.) As such, Plaintiffs failed to comply with the requirements set forth in Code Civ. Proc., ; 2034.720(c).

The motion is denied.



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