Caiozzo v. Superior Court Los Angeles County

DispositionDescription: Petition denied or dismissed after alternative writ or palma issued.; Disposition Type: Final THE COURT: * As demonstrated by the November 28, 2022 minute order, the superior court held a hearing on this court's alternative writ of mandate and vacated its June 1, 2022 order compelling arbitration of petitioner's fifth cause of action seeking involuntary dissolution pursuant to Corporations Code section 17707.03, subdivision (a), in compliance with paragraph (a) of the alternative writ. It is hereby ordered that the alternative writ is discharged, the January 12, 2023 hearing is vacated, and the petition is dismissed.

DocketDescription: Case complete.

DocketDescription: Order denying petition filed.; Notes: THE COURT: * As demonstrated by the November 28, 2022 minute order, the superior court held a hearing on this court's alternative writ of mandate and vacated its June 1, 2022 order compelling arbitration of petitioner's fifth cause of action seeking involuntary dissolution pursuant to Corporations Code section 17707.03, subdivision (a), in compliance with paragraph (a) of the alternative writ. It is hereby ordered that the alternative writ is discharged, the January 12, 2023 hearing is vacated, and the petition is dismissed.

DocketDescription: Filed letter from:; Notes: Superior Court Counsel dated November 28, 2022 re: minute order dated November 28, 2022

DocketDescription: Filed document entitled:; Notes: Notice of respondent court's entry of November 28, 2022 order vacating its June 1, 2022 order, filed by petitioner

DocketDescription: Filed proof of service.; Notes: Petitioner's proof of service on respondent court of this court's November 16, 2022 alternative writ

DocketDescription: Filed letter from:; Notes: Superior Court Counsel dated November 17, 2022 re: attached minute order dated November 16, 2022

DocketDescription: Alternative writ or OSC issued.; Notes: TO THE SUPERIOR COURT OF LOS ANGELES COUNTY: GOOD CAUSE appearing, you are hereby ordered to: (a)vacate the order of June 1, 2022, entered in Los Angeles Superior Court (LASC) Case No. 21STCV30656, only insofar as it ordered arbitration of petitioner's fifth cause of action seeking involuntary judicial dissolution of the Beachwood Master Commercial, LLC, pursuant to Corporations Code section 17707.03, subdivision (a), or (b)in the alternative, SHOW CAUSE before this court in its courtroom at 300 South Spring Street, Los Angeles, California, on January 12, 2023, at 9:00 a.m., why a peremptory writ of mandate should not issue on the following grounds. First, Corporations Code section 17701.10, subdivision c)(7), precludes an operating agreement from allocating to an arbitrator the court's exclusive power to decree dissolution of a limited liability corporation in the circumstances specified in subdivision (a) of Section 17707.03, because it mandates in relevant part that "an operating agreement shall not do any of the following: & (7) Vary the power of a court to decree dissolution in the circumstances specified in subdivision (a) of Section 17707.03 & ." Second, even though Corporations Code section 17701.17, subdivision (b) permits a member of a limited liability corporation "in a written operating agreement or other writing, [to] consent & to be exclusively subject to arbitration in this state[,]" this allocation does not authorize a member to allocate to an arbitrator the court's jurisdiction to decree dissolution granted solely to the court under section 17701.10, subdivision (c)(7). Petitioner shall serve this writ upon respondent and real parties in interest. Any written return shall be served and filed on or before December 2, 2022. Petitioner may file a reply on or before December 16, 2022. In the event that respondent court complies with alternative (a) of this writ at any time prior to January 12, 2023, petitioner shall immediately so advise this court by letter and file a certified copy of the order constituting such compliance.

DocketDescription: Change of address filed for:; Notes: Frederick Bennett old email 1: fbennett@lacourt.org new email 1: courtcounselwrits@lacourt.org old email 2: PNguyen1@lacourt.org; LGershon@LACourt.org new email 2: {blank}

DocketDescription: Exhibits filed in support of:; Notes: Exhibits filed in support of Reply in Support of Petition for Writ of Mandate (1 vol; 53 pages)

DocketDescription: Reply filed to:; Notes: Petitioner's Reply in Support of Petition for Writ of Mandate and/or Other Appropriate Relief

DocketDescription: Response filed:; Notes: Preliminary response by Real Parties in Interest

DocketDescription: Exhibits filed in support of:; Notes: Volume 3 (of 3) Pages 410?685Preliminary response by Real Parties in Interest

DocketDescription: Exhibits filed in support of:; Notes: Volume 2 (of 3) Pages 161?409Preliminary response by Real Parties in Interest

DocketDescription: Exhibits filed in support of:; Notes: Volume 1 (of 3) Pages 1?160Preliminary response by Real Parties in Interest

DocketDescription: Request for judicial notice filed.; Notes: Filed by Real Parties in Interest

DocketDescription: Order filed.; Notes: THE COURT: * The petition for writ of mandate filed August 19, 2022, has been read and considered. Real parties in interest (RPIs) are ordered to file and serve a preliminary response on or before September 22, 2022, addressing all matters they deem material including but not limited to whether the trial court erred by compelling petitioner's fifth cause of action seeking involuntary judicial dissolution of the Beachwood Master Commercial, LLC, pursuant to Corporations Code sections 17701.10, subdivision (c)(7), and 17707.03, subdivision (a), to arbitration. Petitioner may file a reply on or before October 6, 2022

DocketDescription: Filed petition for writ of:; Notes: Mandate.

DocketDescription: Exhibits filed in support of:; Notes: Vol 1 of 1