This case was last updated from Los Angeles County Superior Courts on 10/11/2019 at 01:42:54 (UTC).

YEVGINE BARSEGHYAN VS VERONICA LEE ET AL

Case Summary

On 07/07/2017 YEVGINE BARSEGHYAN filed a Personal Injury - Other Personal Injury lawsuit against VERONICA LEE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MEL RED RECANA, MARC D. GROSS, MALCOLM MACKEY, RICHARD J. BURDGE JR. and JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7473

  • Filing Date:

    07/07/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MEL RED RECANA

MARC D. GROSS

MALCOLM MACKEY

RICHARD J. BURDGE JR.

JON R. TAKASUGI

 

Party Details

Petitioner and Plaintiff

VARSEGHYAN YUVGINE

Defendants and Respondents

BT CONSTRUCTION & DEVELOPMENT INC

MAKARYAN MARINE

FHT INC

AMERICAN RELIABLE SERVICES INC

DOES 1 TO 100

CA WESTFIELD EXTERMINATORS INC

LEE VERONICA

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

MEDVEI SEBASTIAN M. ESQ.

MEDVEI LAW GROUP APC

MEDVEI SEBASTIAN M.

Defendant and Respondent Attorney

BREMER WHYTE BROWN & O'MEARA LLP

 

Court Documents

Status Report

10/2/2019: Status Report

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

10/9/2019: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE RE HEATHER E. PITVOREC, CSR #10551

4/9/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE RE HEATHER E. PITVOREC, CSR #10551

Notice of Ruling

4/9/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER THAT DEFT'S ADVANCE ARB. FEES)

4/9/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER THAT DEFT'S ADVANCE ARB. FEES)

Reply - REPLY TO DEFENDANT LEE AND FHT, INC.S OPPOSITION TO PLAINTIFFS MOTION TO ADVANCE COSTS OR WAIVE RIGHT TO ARBITRATION

4/2/2019: Reply - REPLY TO DEFENDANT LEE AND FHT, INC.S OPPOSITION TO PLAINTIFFS MOTION TO ADVANCE COSTS OR WAIVE RIGHT TO ARBITRATION

Motion for Order - MOTION FOR ORDER NOTICE OF MOTION AND MOTION OF PLAINTIFF YEVGINE BARSEGHYAN FOR ORDER REQUIRING DEFENDANTS TO ADVANCE COSTS OF ARBITRATION OR WAIVE RIGHT TO ARBITRATION; MEMORANDUM

3/11/2019: Motion for Order - MOTION FOR ORDER NOTICE OF MOTION AND MOTION OF PLAINTIFF YEVGINE BARSEGHYAN FOR ORDER REQUIRING DEFENDANTS TO ADVANCE COSTS OF ARBITRATION OR WAIVE RIGHT TO ARBITRATION; MEMORANDUM

Opposition - OPPOSITION DEFENDANT LEE AND FHT INC.S OPPOSITION TO PLAINTIFFS MOTION TO ADVANCE COSTS OR WAIVE RIGHT TO ARBITRATION

3/25/2019: Opposition - OPPOSITION DEFENDANT LEE AND FHT INC.S OPPOSITION TO PLAINTIFFS MOTION TO ADVANCE COSTS OR WAIVE RIGHT TO ARBITRATION

PROOF OF SERVICE SUMMONS -

2/22/2018: PROOF OF SERVICE SUMMONS -

Minute Order - Minute Order (Final Status Conference)

12/21/2018: Minute Order - Minute Order (Final Status Conference)

Minute Order - Minute Order (Post-Arbitration Status Conference)

1/28/2019: Minute Order - Minute Order (Post-Arbitration Status Conference)

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' VERONICA LEE'S AND FHT, INC.'S MOTION TO COMPEL ARBITRATION AND REQUEST TO STAY PROCEEDINGS, ETC

1/23/2018: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' VERONICA LEE'S AND FHT, INC.'S MOTION TO COMPEL ARBITRATION AND REQUEST TO STAY PROCEEDINGS, ETC

DEFENDANTS' NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND REQUEST TO STAY PROCEEDINGS; ETC

1/23/2018: DEFENDANTS' NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND REQUEST TO STAY PROCEEDINGS; ETC

OPPOSITION TO MOTION TO COMPEL ARBITRATION; ETC.

2/22/2018: OPPOSITION TO MOTION TO COMPEL ARBITRATION; ETC.

PROOF OF SERVICE SUMMONS -

2/22/2018: PROOF OF SERVICE SUMMONS -

DEFENDANT LEE AND FHT INC.'S REPLY TO PLAINTIFF'S OPPOSITION AS TO MOTION TO COMPEL ARBITRATION AND REQUEST TO STAY PROCEEDINGS

2/28/2018: DEFENDANT LEE AND FHT INC.'S REPLY TO PLAINTIFF'S OPPOSITION AS TO MOTION TO COMPEL ARBITRATION AND REQUEST TO STAY PROCEEDINGS

Minute Order -

3/7/2018: Minute Order -

ORDER TRANSFERRING PERSONAL INJURY (P1) CASE TO INDEPENDENT CALENDAR (IC) COURT

3/7/2018: ORDER TRANSFERRING PERSONAL INJURY (P1) CASE TO INDEPENDENT CALENDAR (IC) COURT

18 More Documents Available

 

Docket Entries

  • 05/20/2020
  • Hearing05/20/2020 at 08:30 AM in Department 55 at 111 North Hill Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 10/09/2019
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Post-Arbitration Status Conference - Held - Continued

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  • 10/09/2019
  • DocketMinute Order ( (Post-Arbitration Status Conference)); Filed by Clerk

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  • 10/02/2019
  • DocketStatus Report; Filed by Yuvgine Varseghyan (Plaintiff)

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  • 07/29/2019
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Post-Arbitration Status Conference - Held - Continued

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  • 04/09/2019
  • Docketat 08:30 AM in Department 55, Malcolm Mackey, Presiding; Hearing on Motion for Order (that deft's advance Arb. fees) - Held - Motion Granted

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  • 04/09/2019
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore (RE Heather E. Pitvorec, CSR #10551); Filed by Yuvgine Varseghyan (Plaintiff)

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  • 04/09/2019
  • DocketNotice of Ruling; Filed by Veronica Lee (Defendant); FHT, Inc (Defendant)

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  • 04/09/2019
  • DocketMinute Order ( (Hearing on Motion for Order that deft's advance Arb. fees)); Filed by Clerk

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  • 04/02/2019
  • DocketReply (TO DEFENDANT LEE AND FHT, INC.?s OPPOSITION TO PLAINTIFF?S MOTION TO ADVANCE COSTS OR WAIVE RIGHT TO ARBITRATION); Filed by Yuvgine Varseghyan (Plaintiff)

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39 More Docket Entries
  • 10/20/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/13/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/13/2017
  • DocketProof-Service/Summons; Filed by Yuvgine Varseghyan (Plaintiff)

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  • 10/06/2017
  • DocketNotice of Related Cases

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  • 10/06/2017
  • DocketNotice of Related Case; Filed by Veronica Lee (Defendant); FHT, Inc (Defendant)

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  • 09/01/2017
  • DocketAnswer; Filed by Veronica Lee (Defendant); FHT, Inc (Defendant)

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  • 09/01/2017
  • DocketDEFENDANTS VERONICA LEE'S AND FHT, INC.'S ANSWER TO COMPLAINT

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  • 07/07/2017
  • DocketCOMPLAINT FOR DAMACES, DECLARATORY RFLIFF, AND INJUNCTIVE RELIEF: 1. NEGLIGENCE; ETC

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  • 07/07/2017
  • DocketComplaint; Filed by Yuvgine Varseghyan (Plaintiff)

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  • 07/07/2017
  • DocketSUMMONS

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Tentative Rulings

b'

Case Number: BC667473 Hearing Date: August 2, 2021 Dept: 55

BARSEGHYAN\r\nv. LEE BC667473

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Hearing Date: 8/2/21,\r\n Dept. 55

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#3: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT.

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Notice: Okay

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Opposition

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MP:\r\n Defendants BT CONSTRUCTION &\r\nDEVELOPMENT, INC., BIANCA TORSARKISSIAN

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RP:\r\n Plaintiff

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Summary

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On 7/7/17, Plaintiff YEVGINE BARSEGHYAN filed a\r\nComplaint.

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On 10/15/20, Plaintiff filed a First Amended\r\nComplaint, alleging that, about June 2015, the entity defendant sold a home,\r\nwithout disclosing to Plaintiff known defects caused by the substandard\r\nrenovations done by the individual defendant and co-defendants. Also, allegedly, Plaintiff’s real estate\r\nagent, Defendant MARINE MAKARYAN, breached her duty of care, by failing to\r\nconduct basic research into city records pertaining to the failure of\r\nconstruction defendants to obtain the relevant legal permitting to conduct the\r\nsubstandard renovations, and failing to conduct a basic inspection or\r\ninvestigation of the property.

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The causes of action are:

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1. NEGLIGENCE;

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2. BREACH OF IMPLIED\r\nWARRANTY;

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3. BREACH OF EXPRESS\r\nWARRANTY;

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4. EQUITABLE INDEMNITY;

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5. UNFAIR COMPETITION.

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MP\r\nPositions

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Moving parties request an order allowing leave to file\r\na proposed cross-complaint, on grounds including the following:

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· \r\nThe permissive nature of this\r\ncross-complaint has relatively little bearing on the issue of whether leave should be granted.

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· \r\nDefendants should be permitted to join\r\ncross-defendants in this lawsuit, who might be liable to Defendants, if\r\nBarsegyan establishes liability against them.

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· \r\nThere is no bad faith.

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· \r\nNo prejudice would be caused. Barsegyan would have a greater chance at some\r\nrecovery with the proposed defendants added to this action. A delay of several months of the trial is not\r\nenough alone to establish prejudice.

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· \r\nThe opposition improperly argues that the\r\npleading lacks merit.

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RP\r\nPositions

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Opposing party requests denying, for reasons including\r\nthe following:

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· \r\nThe cross-complaint is not compulsory\r\nagainst parties other than Plaintiff

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· \r\nThe cross-complaint would prejudicially\r\ndelay the adjudication of Plaintiff’s claims.

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· \r\nThe attempt to file a cross-complaint\r\napproximately only two months before the trial date is in bad faith.

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· \r\nThe proposed cross-complaint has frivolous\r\ncauses of action.

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Tentative\r\nRuling

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The motion is denied.

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Because the proposed Cross-Complaint is not alleged\r\nagainst the Plaintiff, it is not compulsory, but instead is discretionary, and\r\ncan be handled as a separate case filing, in the Court’s discretion.

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Judges have discretion to deny leave to file\r\npermissive cross-complaints, including based upon a finding of unexplained delay, depending\r\nupon the interests of justice. Crocker\r\nNat. Bank v. Emerald (1990) 221 Cal. App. 3d 852, 864; CCP §428.50(c). Cross-complaints against parties other than\r\nplaintiffs or cross-complainants are permissive, and while efficiency may be\r\ngained by resolving claims in cross-complaints filed in one action, courts may\r\nrequire parties to pursue separate actions. \r\nInsurance Co. of No. America v. Liberty Mut. Ins. Co. (1982) 128\r\nCal.App.3d 297, 303.

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Cross-complaints for equitable indemnity are virtually\r\nalways related to the main action. Time\r\nfor Living, Inc. v. Guy Hatfield Homes (1991) 230 Cal.App.3d 30, 38.

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