This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 11:17:45 (UTC).

VERONICA SILVA VS ALEXIO TRABULSI

Case Summary

On 02/13/2018 VERONICA SILVA filed a Contract - Other Contract lawsuit against ALEXIO TRABULSI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3246

  • Filing Date:

    02/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

SILVA VERONICA

ZOHAR LLC

Defendants, Respondents and Cross Plaintiffs

TRABULSI ALEXIO

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

JAFARI EAMON ESQ.

JAFARI EAMON

Attorney at Barrington Legal, Inc.

11601 Wilshire Blvd 5Th Floor

Los Angeles, CA 90025

Defendant and Cross Plaintiff Attorney

KANER YAEL

Attorney at Law Ofc Yael Kaner

21550 Oxnard St Ste 690

Woodland Hills, CA 91367

 

Court Documents

Notice - NOTICE OF COURT RULING ON PLAINTIFFS EXPARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT

7/17/2019: Notice - NOTICE OF COURT RULING ON PLAINTIFFS EXPARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT

Proof of Service (not Summons and Complaint)

7/17/2019: Proof of Service (not Summons and Complaint)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 07/18/2019

7/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 07/18/2019

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE...)

7/17/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE...)

Declaration in Support of Ex Parte Application

7/16/2019: Declaration in Support of Ex Parte Application

Declaration in Support of Ex Parte Application

7/16/2019: Declaration in Support of Ex Parte Application

Proof of Service (not Summons and Complaint)

7/16/2019: Proof of Service (not Summons and Complaint)

Notice of Ruling

2/27/2019: Notice of Ruling

Order - Stipulation & Order to Consolidate LASC Case Number BC693246 and BC710479

2/27/2019: Order - Stipulation & Order to Consolidate LASC Case Number BC693246 and BC710479

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION PLAINTIFFS EX PARTE APPLICATI...) OF 07/09/2020

7/9/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON EX PARTE APPLICATION PLAINTIFFS EX PARTE APPLICATI...) OF 07/09/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

4/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

Notice of Motion

4/15/2020: Notice of Motion

Proof of Service (not Summons and Complaint)

2/26/2020: Proof of Service (not Summons and Complaint)

NOTICE OF CASE MANAGEMENT CONFERENCE

4/24/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

Declaration - Declaration of Eamon Jafari ISO Plaintiff Veronica Silva's Opposition to Order to Show Cause Re Sanctions

2/15/2019: Declaration - Declaration of Eamon Jafari ISO Plaintiff Veronica Silva's Opposition to Order to Show Cause Re Sanctions

Opposition - Opposition to Order to Show Cause Re Sanctions

2/15/2019: Opposition - Opposition to Order to Show Cause Re Sanctions

Proof of Service (not Summons and Complaint)

2/15/2019: Proof of Service (not Summons and Complaint)

Notice of Related Case

2/26/2019: Notice of Related Case

112 More Documents Available

 

Docket Entries

  • 11/01/2021
  • Hearing11/01/2021 at 10:00 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/21/2021
  • Hearing10/21/2021 at 09:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/11/2021
  • Hearing08/11/2021 at 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Post-Mediation Status Conference

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  • 10/27/2020
  • Hearing10/27/2020 at 14:00 PM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Informal Discovery Conference (IDC)

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  • 10/19/2020
  • Docketat 2:00 PM in Department 24; Informal Discovery Conference (IDC) - Held - Continued

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  • 10/19/2020
  • DocketMinute Order ( (Informal Discovery Conference (IDC))); Filed by Clerk

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  • 09/28/2020
  • DocketProof of Service (not Summons and Complaint); Filed by Veronica Silva (Plaintiff)

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  • 09/16/2020
  • Docketat 08:30 AM in Department 24; Trial Setting Conference - Held

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  • 09/16/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 08/13/2020
  • DocketNotice (NOTICE OF ENTRY OF JUDGMENT OR ORDER); Filed by Veronica Silva (Plaintiff)

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172 More Docket Entries
  • 04/30/2018
  • DocketAnswer; Filed by Alexio Trabulsi (Defendant)

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  • 04/24/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/24/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/16/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Veronica Silva (Plaintiff)

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  • 03/16/2018
  • DocketPROOF OF SERVICE SUMMONS AND COMPLAINT

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  • 03/02/2018
  • DocketProof of Service of Summons and Complaint -

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  • 02/13/2018
  • DocketComplaint; Filed by Veronica Silva (Plaintiff)

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  • 02/13/2018
  • DocketComplaint; Filed by Veronica Silva (Plaintiff)

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  • 02/13/2018
  • DocketCOMPLAINT FOR: I. BREACH OF CONTRACT

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  • 02/13/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC693246    Hearing Date: February 28, 2020    Dept: 24

Defendant Alexio Trabulsi’s motion for disbursement of $50,000.00 out of the Parties’ Joint Account is DENIED.

This action arises out of a dispute between Plaintiffs Veronica Silva (“Silva”), Zohar LLC (“Zohar”), and Defendant Alexio Trabulsi (“Defendant” or “Trabulsi”) regarding certain real property located at 8494 Cole Crest Dr., Los Angeles, California 90046 (the “Property”).

On February 13, 2018, Silva filed a complaint, LASC Case No. BC693246 (“Silva Action”), alleging a breach of contract occurred on a promissory note, dated August 24, 2011, for $115,000 plus seven percent interest. On June 15, 2018 Zohar filed a complaint against Defendant, LASC Case No. BC710479 (“Zohar Action”), for multiple causes of action, including Breach of Contract, Conversion, and Accounting. On September 24, 2018 Trabulsi filed a Cross-Complaint against Zohar alleging causes of action for Conversion, Fraud, and Declaratory Relief. On March 20, 2019, the Court consolidated the Zohar Action with the Silva Action.

On December 20, 2019, Defendant moved ex parte for disbursement of $50,000.00 out of the joint account. Plaintiffs opposed. The Court set the ex parte motion for hearing. On December 27, 2019, Plaintiffs filed a second opposition to the motion. On Janaury 10, 2020, the Court continued the hearings on the instant motion and related ex parte hearing to modify the 9/9/19 interim order to February 28, 2020. On February 14, 2020, Plaintiff filed supplemental briefing on the motion. On February 24, 2020, the parties submitted a report of the joint book keeper regarding the property.

Discussion

After considering the evidence and arguments presented, the Court does not find a sufficient justification to disburse the funds. The supplemental declarations and accounting filed on February 24, 2020 only supports this position further.

Defendant cites no moving authority for his request. It appears that the outcome of this motion should be determined by the interim order.

On October 15, 2018, Plaintiffs and Defendant voluntarily executed a Stipulation and Order which included various limitations as regards the Property and use of the income generated by and through the Property. The Order required Plaintiffs and Defendant to open a joint bank account, Chase Bank Account ending in 9555 (the “Joint Account”), for the purpose of depositing the income generated by the Propterty during the pendency of the action. The order further expressly disallowed the parties from withdrawing or transferring any amounts from the Joint Account without prior written consent of both parties, other than for payment of the Property’s necessary recurring monthly costs.

Subsequently, after Silva alleged Defendant violated the order, the Court entered a new interim order (the “interim order”) on September 9, 2019. This order held that all monies generated through the renting of the Property through Airbnb, or any other medium, shall be deposited directly in the Joint Account, and superseded all previous orders concerning the Property. (Interim Order ¶¶ 1-5, 9.) The new interim order also required the written consent of both Silva and Trabulsi prior to the withdrawal, transfer or incurring of any amounts, other than the explicitly allowed expenses. (Id. ¶ 8.)

Defendant cites no basis in this order to disburse the requested funds. He admits that the $50,000.00 he requests are to fund the litigation or his personal expenses in his motion. Thus, the funds clearly do not meet the criteria as repairs or costs set out in the interim order for disbursement. All other disbursals require prior, written consent from Plaintiff. Plaintiff is unwilling to give such consent. The Court will not upset the previously-agreed-to terms of the order.

Accordingly, Defendant’s motion is DENIED.

Moving party is ordered to give notice.

Case Number: BC693246    Hearing Date: January 10, 2020    Dept: 24

Defendant Alexio Trabulsi’s motion for disbursement of $50,000.00 out of the Parties’ Joint Account is DENIED.

This action arises out of a dispute between Plaintiffs Veronica Silva (“Silva”), Zohar LLC (“Zohar”), and Defendant Alexio Trabulsi (“Defendant” or “Trabulsi”) regarding certain real property located at 8494 Cole Crest Dr., Los Angeles, California 90046 (the “Property”).

On February 13, 2018, Silva filed a complaint, LASC Case No. BC693246 (“Silva Action”), alleging a breach of contract occurred on a promissory note, dated August 24, 2011, for $115,000 plus seven percent interest. On June 15, 2018 Zohar filed a complaint against Defendant, LASC Case No. BC710479 (“Zohar Action”), for multiple causes of action, including Breach of Contract, Conversion, and Accounting. On September 24, 2018 Trabulsi filed a Cross-Complaint against Zohar alleging causes of action for Conversion, Fraud, and Declaratory Relief. On March 20, 2019, the Court consolidated the Zohar Action with the Silva Action.

On December 20, 2019, Defendant moved ex parte for disbursement of $50,000.00 out of the joint account. Plaintiffs opposed. The Court set the ex parte motion for hearing. On December 27, 2019, Plaintiffs filed a second opposition to the motion. No reply was submitted.

Discussion

After considering the evidence and arguments presented, the Court does not find a sufficient justification to disburse the funds. Defendant cites no moving authority for his request. It appears that the outcome of this motion should be determined by the interim order.

On October 15, 2018, Plaintiffs and Defendant voluntarily executed a Stipulation and Order which included various limitations as regards the Property and use of the income generated by and through the Property. The Order required Plaintiffs and Defendant to open a joint bank account, Chase Bank Account ending in 9555 (the “Joint Account”), for the purpose of depositing the income generated by the Propterty during the pendency of the action. The order further expressly disallowed the parties from withdrawing or transferring any amounts from the Joint Account without prior written consent of both parties, other than for payment of the Property’s necessary recurring monthly costs.

Subsequently, after Silva alleged Defendant violated the order, the Court entered a new interim order (the “interim order”) on September 9, 2019. This order held that all monies generated through the renting of the Property through Airbnb, or any other medium, shall be deposited directly in the Joint Account, and superseded all previous orders concerning the Property. (Interim Order ¶¶ 1-5, 9.) The new interim order also required the written consent of both Silva and Trabulsi prior to the withdrawal, transfer or incurring of any amounts, other than the explicitly allowed expenses. (Id. ¶ 8.)

Defendant cites no basis in this order to disburse the requested funds. He admits that the $50,000.00 he requests are to fund the litigation or his personal expenses in his motion. Thus, the funds clearly do not meet the criteria as repairs or costs set out in the interim order for disbursement. All other disbursals require prior, written consent from Plaintiff. Plaintiff is unwilling to give such consent. The Court will not upset the previously-agreed-to terms of the order.

Accordingly, Defendant’s motion is DENIED.

Moving party is ordered to give notice.