This case was last updated from Los Angeles County Superior Courts on 06/03/2019 at 04:51:08 (UTC).

WORKERS MOUNTAIN VALLEY ASSEMBLY LLC VS CITY OF SAN FERNANDO

Case Summary

On 11/02/2017 WORKERS MOUNTAIN VALLEY ASSEMBLY LLC filed an Other lawsuit against CITY OF SAN FERNANDO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DANIEL S. MURPHY. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2254

  • Filing Date:

    11/02/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DANIEL S. MURPHY

 

Party Details

Plaintiff and Petitioner

WORKER'S MOUNTAIN VALLEY ASSEMBLY LLC

Defendants and Respondents

SAN FERNANDO CITY OF

DOES 1 TO 50

CITY OF SAN FERNANDO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

NICK J. DAVID ESQ.

NICK J DAVID

Defendant Attorney

DE LOS ANGELES MARTIN PATRICK

 

Court Documents

OPPOSITION TO DEMURRER TO COMPLAINT;

2/13/2018: OPPOSITION TO DEMURRER TO COMPLAINT;

OBJECTIONS TO DECLARATION OF LANCE H. OLSON;

2/13/2018: OBJECTIONS TO DECLARATION OF LANCE H. OLSON;

REPLY IN SUPPORT OF CITY OF SAN FERNANDO'S DEMURRER

2/26/2018: REPLY IN SUPPORT OF CITY OF SAN FERNANDO'S DEMURRER

DEFENDANT CITY OF SAN FERNANDO'S RESPONSE TO PLAINTIFF?S OBJECTIONS TO DECLARATION OF LANCE H OLSON

3/1/2018: DEFENDANT CITY OF SAN FERNANDO'S RESPONSE TO PLAINTIFF?S OBJECTIONS TO DECLARATION OF LANCE H OLSON

DEFENDANT'S DEMURRER TO COMPLAINT

3/5/2018: DEFENDANT'S DEMURRER TO COMPLAINT

Minute Order

3/5/2018: Minute Order

NOTICE OF RULING SUSTAINING DEFENDANT CITY OF SAN FERNANDO?'S DEMURRER TO COMPLAINT WITHOUT LEAVE TO AMEND

3/12/2018: NOTICE OF RULING SUSTAINING DEFENDANT CITY OF SAN FERNANDO?'S DEMURRER TO COMPLAINT WITHOUT LEAVE TO AMEND

JUDGMENT OF DISMISSAL AFTER SUSTAINING OF DEMURRER TO COMPLAINT WITHOUT LEAVE TO AMEND

3/13/2018: JUDGMENT OF DISMISSAL AFTER SUSTAINING OF DEMURRER TO COMPLAINT WITHOUT LEAVE TO AMEND

NOTICE OF ENTRY OF JUDGMENT OR ORDER

3/21/2018: NOTICE OF ENTRY OF JUDGMENT OR ORDER

MEMO COSTS SUMMARY

4/5/2018: MEMO COSTS SUMMARY

Order

10/5/2018: Order

Minute Order

10/5/2018: Minute Order

NOTICE OF RESCHEDULED HEARING ON DEMURRER TO PLAINTIFF'S COMPLAINT

1/8/2018: NOTICE OF RESCHEDULED HEARING ON DEMURRER TO PLAINTIFF'S COMPLAINT

NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOAQUIN VAZQUEZ

12/29/2017: NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JOAQUIN VAZQUEZ

DEFENDANT'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO PLAINTIFF'S COMPLAINT; DECLARATION OF LANCE H. OLSON; DECLARATION OF MARTIN DE LOS ANGELES

12/29/2017: DEFENDANT'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO PLAINTIFF'S COMPLAINT; DECLARATION OF LANCE H. OLSON; DECLARATION OF MARTIN DE LOS ANGELES

NOTICE OF CASE MANAGEMENT CONFERENCE

12/14/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

Minute Order

12/7/2017: Minute Order

SUMMONS

11/2/2017: SUMMONS

11 More Documents Available

 

Docket Entries

  • 10/09/2018
  • Notice (OF RULING ONPLAINTIFF WORKERS'S MOUNTAIN VALLEY ASSEMPLY LLC'S MOTION TO TAX COSTS); Filed by City of San Fernando (Defendant)

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  • 10/05/2018
  • at 08:31 AM in Department 78; Hearing on Motion to Tax Costs - Held - Motion Denied

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  • 10/05/2018
  • Order (on plaintiff Worker's Mountain Valley Assembly, LLC's Motion to Tax Costs); Filed by Clerk

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  • 10/05/2018
  • Minute Order ( (Hearing on Motion to Tax Costs)); Filed by Clerk

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  • 10/05/2018
  • Minute order entered: 2018-10-05 00:00:00; Filed by Clerk

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  • 09/24/2018
  • DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION TO TAX COSTS, ETC

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  • 09/24/2018
  • Opposition Document; Filed by City of San Fernando (Defendant)

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  • 04/25/2018
  • Motion to Tax Costs; Filed by Worker's Mountain Valley Assembly, LLC (Plaintiff)

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  • 04/06/2018
  • at 08:30 AM in Department 78; Case Management Conference - Not Held - Advanced and Vacated

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  • 04/06/2018
  • Minute order entered: 2018-04-06 00:00:00; Filed by Clerk

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32 More Docket Entries
  • 12/07/2017
  • at 11:00 AM in Department 32; (Affidavit of Prejudice; Case is reassigned) -

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  • 12/07/2017
  • Minute order entered: 2017-12-07 00:00:00; Filed by Clerk

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  • 12/07/2017
  • Minute Order

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  • 12/04/2017
  • Challenge To Judicial Officer - Peremptory (170.6); Filed by Worker's Mountain Valley Assembly, LLC (Plaintiff)

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  • 12/04/2017
  • PEREMPTORY DISQUALIFICATION OF JUDGE DANIEL S. MURPHY PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 170.6.

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  • 11/28/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 11/28/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 11/02/2017
  • COMPLAINT FOR DECLARATORY RELIEF TO DETERMINE VALIDITY OF LOCAL ORDINANCE; AND FOR PRELIMINARY AND PERMANENT INJUNCTION.

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  • 11/02/2017
  • Complaint; Filed by Worker's Mountain Valley Assembly, LLC (Plaintiff)

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  • 11/02/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC682254    Hearing Date: January 09, 2020    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

SIMON PALAGASHVILI:

Plaintiff,

vs.

IGOR POLTAVSKI, et al.;

Defendant.

AND RELATED CROSS-ACTIONS

Case No.:

BC682254

Hearing Date:

January 9, 2020

[TENTATIVE]RULING RE:

DEFENDANT AND CROSS-cOMPLAINANT IGOR POLTAVSKI’S MOTION FOR LEAVE TO FILE A FIRST AMENDED CROSS-COMPLAINT

Defendant and Cross-Complainant Igor Poltavski’s Motion for Leave to File a First Amended Cross-Complaint is GRANTED.

FACTUAL ALLEGATIONS

This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose of cultivating cannabis. (Complaint ¶ 10.) Poltavski repeatedly represented to Palagashvili that he would obtain the necessary permits, and Palagashvili repeatedly emphasized the importance of obtaining the permits. (Complaint ¶¶ 10–12.) Based on this understanding, Palagashvili invested significant resources into the property through 2017 and 2018. (Complaint ¶¶ 13–15.) In February 2018, Poltavski informed Palagashvili that he had not obtained the permits, and Palagashvili in turn refused to conduct the cultivation business without them. (Complaint ¶ 18.) Despite being a 50% owner of the land, Poltavski demanded that Palagashvili vacate the property. (Complaint ¶ 18.)

Poltavski’s Cross-Complaint (or “XC”) alleges that Palagashvili owes Poltavski several thousand dollars for expenses incurred in forming the investment agreement on the property at issue. (XC ¶ 11.)

procedural history

Palagashvili filed the Complaint on June 4, 2018, alleging six causes of action:

  1. Intentional Misrepresentation

  2. Rescission and Restitution

  3. Quiet Title

  4. Breach of Contract

  5. Conversion

  6. Goods Sold and Delivered

Defendants filed an Answer on July 19, 2018.

Poltavski filed a Cross-Complaint on July 19, 2018, alleging three causes of action:

  1. Account Stated

  2. Breach of Oral Contract

  3. Declaratory Relief

On December 2, 2019, Poltavski filed the instant Motion for Leave to File a First Amended Cross-Complaint.

No Opposition has been filed.

DISCUSSION

  1. MOTION FOR LEAVE TO AMEND CROSS-COMPLAINT

    Code Civ. Proc.¿section¿473¿subd. (a)(1)¿states that:¿¿

    The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.¿

    “The trial court has discretion to permit or deny the amendment of the complaint, but instances justifying the court's denial of leave to amend are rare.” (Armenta ex rel. City of Burbank v. Mueller Co.¿(2006) 142 Cal.App.4th 636, 642). Although the motion does not comply with all the technical requirements of California Rules of Court 3.1234, there is no opposition and therefore no claim that the failure to comply with these technical requirements is prejudicial. Additionally, the Court has already agreed to continue the trial date. Your Honor

Accordingly, the Motion for Leave to Amend is GRANTED.

DATED: January 9, 2020

________________________________

Hon. Robert S. Draper

Judge of the Superior Court