***0345
01/15/2021
Pending - Other Pending
Other
Statewide, California
Kin, Curtis
Areg Baghdassarians
SK Vision, LLC
Vahe Khojayan
Robert I. Alkana
Eugene S. Alkana
Court of Appeal Opinion
DocketDescription: Case complete.
[-] Read LessDocketDescription: Remittitur issued.
[-] Read LessDispositionDescription: Affirmed in part and remanded with directions; Disposition Type: Final; Publication Status: Signed Unpublished; Author: Rubin, Laurence D.; Participants: Kim, Dorothy C. (Concur) Moor, Carl H. (Concur)
[-] Read LessDocketDescription: Opinion filed.; Notes: (Signed Unpublished)The judgment is affirmed. The matter is remanded for the trial court to enter an amended judgment, providing that, on SK Vision's cross-complaint's cause of action for declaratory relief, the court finds that SK Vision's property, known as parcel number 5810-019-007, is not subject to any easement by necessity in favor of Baghdassarians' property, parcel number 5810-019-007. Baghdassarians shall pay SK Vision's costs on appeal. Rubin-Moor-Kim / 18 pages
[-] Read LessDocketDescription: Cause argued and submitted.
[-] Read LessDocketDescription: Letter sent to counsel re:; Notes: Dear Counsel: There is some ambiguity in the briefs and the record as to which parcel is the vacant land and which parcel contains the residence. The two lots have assessor's parcel numbers 5810-019-007 and 5810-019-009. According to the agreed statement provided on appeal, the 007 parcel contains the vacant lot and the 009 parcel is the residential property. (1 CT 27) The trial court's judgment similarly identifies the 009 parcel as the property owned by SK Vision (i.e., the residence) and the 007 parcel as the one owned by Baghdassarians (the vacant lot). (1 CT 9-10) The briefs take the opposite view. Baghdassarians's opening brief represents that the residence is the 007 parcel and the vacant lot is the 009 parcel - the reverse of the agreed statement. (AOB 5) SK Vision's brief agrees with Baghdassarians's characterization. (RB 10-11) The briefs appear to be correct. (See, e.g., 1 CT 167 [assessor's map], 2 CT 591 [trust deed from Baghdassarians in favor of SK Vision].) The parties should be prepared to address at oral argument whether the agreed statement and the trial court's judgment incorrectly identify the respective parcels. The parties should also be prepared to address whether the judgment should be modified to properly reflect the assessor's parcel numbers (and, if necessary, the legal descriptions) of the two properties. No further briefing is requested at this time.
[-] Read LessDocketDescription: Letter brief filed.; Notes: Plaintiff and Appellant: Areg Baghdassarians Attorney: Vahe Khojayan
[-] Read LessDocketDescription: Filed proof of service.; Notes: Corrected proof of service of respondent's letter brief
[-] Read LessDocketDescription: Filed proof of service.; Notes: re respondent's letter brief
[-] Read LessDocketDescription: Letter brief filed.; Notes: Defendant and Respondent: SK Vision, LLC Attorney: Eugene S. Alkana Attorney: Robert I. Alkana [NOT TO EXCEED 7 PAGES]
[-] Read LessDocketDescription: Certificate of interested entities or persons filed by:
[-] Read LessDocketDescription: Appellant's opening brief.; Notes: Plaintiff and Appellant: Areg Baghdassarians Attorney: Vahe Khojayan
[-] Read LessDocketBrief: Appellant's opening brief.; Party Attorney: Plaintiff and Appellant: Areg BaghdassariansAttorney: Vahe Khojayan
[-] Read LessDocketDescription: Record on appeal filed.; Notes: TWO: Clerks & Settled Statement (592 Pages)
[-] Read LessDocketDescription: Civil case information statement filed.; Notes: Plaintiff and Appellant: Areg Baghdassarians Attorney: Vahe Khojayan
[-] Read LessDocketBrief: Civil case information statement filed.; Party Attorney: Plaintiff and Appellant: Areg BaghdassariansAttorney: Vahe Khojayan
[-] Read LessDocketDescription: Filing fee.; Notes: Civil filing fee paid by KG Law.
[-] Read LessDocketDescription: Default notice sent-appellant notified per rule 8.100(c).
[-] Read LessDocketDescription: Notice of appeal lodged/received.; Notes: Notice of appeal filed 1/15/2021 by Areg Baghdassarians
[-] Read LessDocketTrial Court Name: Los Angeles County Superior Court; County: Los Angeles; Trial Court Case Number: 19GDCV01096; Trial Court Judge: Kin, Curtis
[-] Read Less