This case was last updated from Los Angeles County Superior Courts on 11/20/2021 at 02:27:51 (UTC).

TONYA WINN VS GEMDALE USA CORPORATION, ET AL.

Case Summary

On 05/07/2019 TONYA WINN filed a Contract - Other Contract lawsuit against GEMDALE USA CORPORATION,. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN P. PFAHLER. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0381

  • Filing Date:

    05/07/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN P. PFAHLER

 

Party Details

Plaintiff

WINN TONYA

Defendants

GREYSTAR

GEMDALE USA CORPORATION AKA THE MADISON AT TOWN CENTER

GILLIAM TARA

Attorney/Law Firm Details

Plaintiff Attorney

TALWAR DEEPA

Defendant Attorneys

FIELDS GARY DAVID

SWEENEY ANNA C.

 

Court Documents

Demand for Jury Trial

3/4/2021: Demand for Jury Trial

Answer

3/4/2021: Answer

Notice of Posting of Jury Fees

3/4/2021: Notice of Posting of Jury Fees

Notice of Settlement

6/2/2021: Notice of Settlement

Order to Show Cause re: Dismissal (Settlement)

6/3/2021: Order to Show Cause re: Dismissal (Settlement)

Request for Dismissal

6/14/2021: Request for Dismissal

Opposition - OPPOSITION TO DEFENDANT'S MOTION TO STRIKE

2/9/2021: Opposition - OPPOSITION TO DEFENDANT'S MOTION TO STRIKE

Opposition - OPPOSITION TO DEFENDANT'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

2/9/2021: Opposition - OPPOSITION TO DEFENDANT'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT

Reply - REPLY TO PLAINTIFFS OPPOSITION TO GENERAL AND SPECIAL DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT

2/11/2021: Reply - REPLY TO PLAINTIFFS OPPOSITION TO GENERAL AND SPECIAL DEMURRER TO PLAINTIFFS SECOND AMENDED COMPLAINT

Reply - REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STRIKE PLAINTIFFS SECOND AMENDED COMPLAINT

2/11/2021: Reply - REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO STRIKE PLAINTIFFS SECOND AMENDED COMPLAINT

Case Management Statement

2/16/2021: Case Management Statement

Case Management Statement

2/16/2021: Case Management Statement

Case Management Statement

2/16/2021: Case Management Statement

Declaration - DECLARATION OF ATTORNEY DEEPA TALWAR IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STRIKE AND DEMURRER

2/16/2021: Declaration - DECLARATION OF ATTORNEY DEEPA TALWAR IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STRIKE AND DEMURRER

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO S...)

2/22/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO S...)

Notice of Ruling

2/23/2021: Notice of Ruling

Notice of Ruling

7/22/2020: Notice of Ruling

Amended Complaint - AMENDED COMPLAINT (2ND)

8/26/2020: Amended Complaint - AMENDED COMPLAINT (2ND)

33 More Documents Available

 

Docket Entries

  • 11/18/2021
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 08/30/2021
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Vacated by Court

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  • 06/14/2021
  • DocketRequest for Dismissal; Filed by Tonya Winn (Plaintiff)

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  • 06/03/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by Clerk

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  • 06/02/2021
  • DocketNotice of Settlement; Filed by Tonya Winn (Plaintiff)

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  • 03/04/2021
  • DocketAnswer; Filed by Gemdale USA Corporation (Defendant)

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  • 03/04/2021
  • DocketDemand for Jury Trial; Filed by Gemdale USA Corporation (Defendant)

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  • 03/04/2021
  • DocketNotice of Posting of Jury Fees; Filed by Gemdale USA Corporation (Defendant)

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  • 02/23/2021
  • DocketNotice of Ruling; Filed by Gemdale USA Corporation (Defendant)

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  • 02/22/2021
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Case Management Conference - Held

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39 More Docket Entries
  • 10/30/2019
  • DocketAmended Complaint; Filed by Tonya Winn (Plaintiff); Tonya Winn (Plaintiff)

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  • 10/07/2019
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Case Management Conference - Held - Continued

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  • 10/07/2019
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 09/23/2019
  • DocketCase Management Statement; Filed by Tonya Winn (Plaintiff)

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  • 07/16/2019
  • DocketDeclaration (Of Eli A Gordon Re Demurrer to Plaintiffs Complaint); Filed by Gemdale USA Corporation (Defendant); Greystar (Defendant); Tara Gilliam (Defendant)

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  • 05/08/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/07/2019
  • DocketCivil Case Cover Sheet; Filed by Tonya Winn (Plaintiff)

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  • 05/07/2019
  • DocketSummons (on Complaint); Filed by Tonya Winn (Plaintiff)

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  • 05/07/2019
  • DocketComplaint; Filed by Tonya Winn (Plaintiff)

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  • 05/07/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******0381    Hearing Date: February 22, 2021    Dept: F49


Case Number: 19CHCV00920    Hearing Date: February 22, 2021    Dept: F49

Dept. F-49

Calendar # 4

Date: 2-22-21 c/f 11-25-20

Case # 19CHCV00920

Trial Date: N/A

DISMISS

MOVING PARTY: Defendant/Cross-Complainant, Shahyad 26, LLC, et al.

RESPONDING PARTY: Unopposed/Plaintiffs/Cross-Defendants, Shlomo Maymom aka Art & More Construction, Inc.; Art & More Construction, Inc.[1]

RELIEF REQUESTED

Motion to Dismiss the Action

SUMMARY OF ACTION

Plaintiff, Shlomo Maymom aka Art & More Construction, Inc. alleges entry into contract with Defendants Shahyad 26, LLC, Benji Construction Group and Benji & Associates Realty on July 10, 2019 for the provision of certain contractor services and materials for real property located at 5941 Encino Ave., Encino. On October 17, 2019, the Benji defendants told Plaintiff to cease construction, due to the rejection of the building plan by the City of Los Angeles. A dispute ensued, and the Benji defendants “banned” Plaintiff from the project.

On November 15, 2019, Plaintiff filed a complaint for breach of written contract, breach of the covenant of good faith and fair dealing, failure to disclose, and unfair business practices. On November 18, 2019, Plaintiff filed a Notice of Lis Pendens. A lis pendens was recorded on November 20, 2019. On February 7, 2020, Plaintiff recorded a mechanic’s lien.

On February 20, 2020, the court granted the ex parte motions of Defendant Shahyad 26, LLC to expunge the lis pendens and mechanics lien on the property. The court ordered Defendant to separately file any motion for attorney fees.

On March 4, 2020, the court sustained the demurrer to the complaint with 30 days leave to amend. The court record shows no amended complaint on file. On July 6, 2020, Defendant Shahyad 26, LLC filed a cross-complaint for breach of contract, common counts, fraud, negligence, and contractor’s license bond.

On August 28, 2020, the clerk entered a default against cross-defendant Shlomo Maymom and Art & More Construction, Inc. on the Shahyad 26, LLC cross-complaint. Business Alliance Insurance Company answered the cross-complaint on September 8, 2020, and filed a cross-complaint against Shlomo Maymom and Art & More Construction, Inc. for Indemnity and Reimbursement.

On October 6, 2020, the court awarded Defendant, Shahyad 26, LLC $4,540 in attorney fees and costs against Shlomo Maymom and Art & More Construction, Inc.

On November 17, 2020, the clerk entered a default against Shlomo Maymon and Art & More Construction, Inc. on the Business Alliance Insurance Company.

On February 9, 2021, the court denied the motion for leave to file an amended pleading, and to vacate the default. On February 17, 2021, Plaintiff filed a first amended complaint for Breach of Written Contract, Breach of Covenant of Good Faith and Fair Dealing, Failure to Disclose, and Unfair Business Practices.

RULING: Denied.

Shahyad 26, LLC and Albert Benji move to dismiss the complaint due to the failure of Plaintiff to file an amended complaint following the March 4, 2020 order sustaining the demurrer to the complaint with 30 days leave to amend. (Code Civ. Proc., ; 581, subd. (f)(2).)

The court record now shows a first amended complaint filed on February 17, 2021. The motion is denied.

Moving Parties to give notice.


[1]Plaintiff identifies as Shlomo Maymom aka Art & More Construction, Inc.; Art & More Construction, Inc., while the cross-complaint identifies the parties separately as Shlomo Maymom and Art & More Construction, Inc. It’s not clear whether Art & More Construction, Inc. operates as a separate corporate entity or not.



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