EXHIBIT(S) - C - Memorandum of Sale December 07, 2023 (2024)

EXHIBIT(S) - C - Memorandum of Sale December 07, 2023 (1)

EXHIBIT(S) - C - Memorandum of Sale December 07, 2023 (2)

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FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/07/2023 Exhibit CFILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/07/2023 MEMORANDUM OF SALE The undersigned on this22. ay of March, 2023, at 2:00 P.M. EST, agreed to purchase the property known as and located at llS FsF+h Ave,New fo , and as further described in the exed printed advertisem*nt of sale and T s of Sale, for the sum of O I dtd nine (ninion Dollars (s) coo .oo ) and Dated: New York, New York March 22, 2023 E3¾Be 8 175 UC, 4 54Cob G ABLKK,Maimen BPAl M Beal ib\it Successful Bidder ( Print / Sign / Date ) Successful Bidder's Address/Phone Num mail eviewed B Matthew D. Mannion, Professional Auctioneer 305 Broadway, Suite 200 New York, Eew York 10007 Reviewed By: Peter A. Axelrod, Esq., Court Appointed Re ee 15th 260 Madison Avenue, PlOOr New York, New York 10016 FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023 INDEX NO. 654176/2021 NYSCEF DOC. NO. 21 RECEIVED NYSCEF:01/19/2023 12/07/2023 RECEIVED NYSCEF: YSCEF DOC. NO. 54 21 654176 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK. MICHELANGELO GI1K FLATIRON LLC, NEW TRIPLE CROWN LLC, FLATIRON NEWMARK PARTNERS LLC and Index No. 654176/2021 FLAT IRON ACQUISITION LLC, Plaintiffs, -against- NRS FLATIRON LLC, Defendant. IRBO88858t] INTERLOCUTORY JUDGMENT Plaintiffs' THIS matter having come before this Court on motion for summary judgment on the cause of action for partition in the complaint; AND this Court having read the Affirmation of Christopher Dyess, with exhibits annexed, dated October 7, 2021; the Affidavit of Jeffrey Gural, with exhibits annexed, sworn to Plaintiffs' on October 6, 2021; Statement of Undisputed Material Facts, dated October 7, 2021; and Plaintiff's Memorandum of Law and Notice of Motion, dated October 7, 2021, all in support of said motion; and Defendant's submissions in response to the said motion; NOW, therefore, pursuant to Real Property Actions and Proceedings Law (RPAPL) Plaintiffs' § 915, and upon motion, it is hereby ORDERED, ADJUDGED and DECREED: 1. The real property designated as Block 851, Lot 1 on the tax of the of map County New York (the "Property"), known as the Flatiron Building, is so circ*mstanced that a physical partition of the Property among the parties an estate or interest therein cannot be made holding without great prejudice to the said parties. 1 1 of 17FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023NYSCEFEA CHE . INDEX NO. 654176/2021 NEW 21YO DOC. NO. COWTY RECEIVED NYSCEF: 12/07/2023 N-YSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/19/2023 . 21 654176 1. Plaintiffs Michelangelo GIIK Flatiron LLC, New Triple Crown LLC, Flatiron Newmark Partners LLC and Flat Iron Acquisition LLC and Defendant NRS Flatiron LLC are the owners as tenants in common of the Property, also known as and designed as Block 851, Lot 1 on the tax map of the County of New York, and more specifically described as: ALL that certain plot, piece or parcel of land, situate, lying and being in the Borough of Manhattan, County of New York, City and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of East 22nd Street and easterly side of Fifth Avenue; THENCE easterly along the northerly side of East 22nd Street, 85 feet 8 inches to the westerly side of Broadway; THENCE northerly along the westerly side of Broadway, 214 feet 6 inches to the southerly side of Madison Square South; THENCE westerly along the southerly side of Madison Square South, 2 feet to the easterly side of Fifth Avenue; THENCE southerly along the easterly side of Fifth Avenue, 197 feet 6 inches to the point or place of BEGINNING. 2. The respective rights, shares and interests of the parties in the are as Property follows: a. Plaintiffs, collectively, are the owners of a 75% interest as tenant in common in the Property. b. Plaintiff MICHELANGELO GIIK FLATIRON LLC owns an undivided 52.0833% interest in the Property as tenant-in-common. 2 2 of 17FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 654176/2021 INDEX 652192/2023 NO.NYSCEF DOC. NO. 21 RECEIVED NYSCEF: RECEIVED NYSCEF: 01/19/2023 12/07/2023 NYSCEF DOC. NO. 54 . 21 654176 c. Plaintiff NEW TRIPLE CROWN LLC owns an undivided 10% interest in the Property as tenant-in-common. d. Plaintiff FLATIRON NEWMARK PARTNERS LLC owns an undivided 8.75% interest in the Property as tenant-in-common. e. Plaintiff FLAT IRON ACQUISITION LLC owns an undivided 4.1667% interest in the Property as tenant-in-common. f. Defendant NRS FLATIRON LLC owns an undivided 25% interest in the Property as tenant in common. 2. There are no persons other than Plaintiffs and Defendant hereinabove mentioned interested in the Property or any part thereof. 3. There is no creditor not a party to this action who has a lien on the interest of any party in the Property, other than Apple Bank. A reference or other proceedings, pursuant to RPAPL § 913 to ascertain whether there is any such creditor, not a party, who has a lien on the undivided share or interest of any party, is dispensed with. 4. The Property is the only real property which the parties to this action own either as joint tenants or as tenants in common. 5. Peter Axelrod, Esq., Axelrod, Fingerhut & Dennis, 260 Madison Avenue, 15th Floor, New York, New York 10016 is hereby appointed Referee with respect to the Property, and said Referee is authorized and directed to conduct the judicial sale of the Property, and, if so directed by a further order of this Court, to conduct an accounting of the rents and expenses of the Property. The Referee shall comply with the provisions of Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) with respect to this reference. By accepting this appointment, the Referee certifies that the said Referee is in compliance with Rules 36.2c and 36.2d thereof, and 3 3 of 17 FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023 INDEX NO. 654176/2021 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/07/2023 RECEIVED NYSCEF: 01/19/2023 NYSCEF DOC. NO. 54 21 654176 before commencing the reference, shall execute and file the required oath ad fiduciary documents as may be required by the Fiduciary Clerk of this Court. 6. The Referee shall apply to the Court for his fees after the sale. Pursuant to CPLR 4321 and 8003(b), the Referee shall be paid a fee for the Referee's services at a reasonable hourly rate for the time spent in carrying out this reference. The Referee's fee and all costs and expenses to be incurred in the execution of the Referee's responsibilities shall be paid by the parties owning an interest in the Property at the time of sale in such proportion or amount as the Court will determine after the sale. 7. Without further order of the Court, the Referee is not authorized to hire any secondary appointees other than an auctioneer to assist the Referee in publishing the required notice of sale and conducting the auction. The fees of any such auctioneer shall not be paid until authorized by a further order of the Court. 8. Other than the costs of publication, the Referee shall not incur any obligations nor expend any sums without further order of the Court. 9. At any time prior to the auction, the parties may jointly agree to withdraw the Property from the sale. 10. The said Referee shall promptly cause publication of the required statutory notice of sale for the Property in accordance with RPAPL §231, which notice shall set the date and time of the sale, and the matters subject to which the Property shall be sold, as provided below and in the Terms of Sale. The notice of sale may contain any other statements, not inconsistent with this Interlocutory Judgment and the annexed Terms of Sale, that the Referee shall deem it advisable to make.B 4 4 of 17.FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023 INDEX NO. 654176/2021NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/19/2023 12/07/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 21 654176 11. Promptly after publication of the required statutory notice of sale for.the Property has been completed, the Referee shall sell the Property at a public auction, to be conducted on any business day selected by the Referee but in all events no later than four weeks after completion of the required publication of said notice of sale. The auction shall be held in the rotunda of the New York County Courthouse located at 60 Centre Street, New York, New York, or such other space as the Court may designate. The Referee shall conduct said sale according to the terms set forth in this Interlocutory Judgment and the annexed Terms of Sale, and such other terms not inconsistent herewith, as the Referee deems appropriate. 12. The sale shall be for cash. In conducting the auction, the Referee may establish a reasonable opening bid for the Property and may require that the bidding proceed in increments as announced by the Referee or the auctioneer at the Referee's direction at the time of the auction. Subject to paragraph 13 below,. the high bidder at the auction shall be the purchaser of the Property. 13. A down payment of 10% shall be paid by the.high bidder within two (2) business days of the auction sale by (i) wire transfer to an account established by the Referee for the purpose of this sale at a bank as specified below; or (ii) bank check payable to and delivered to the Referee, at the option of the high bidder. The balance of the purchase price shall be paid on delivery of the Referee's deed. Closing of title shall be scheduled as specified in the Terms of Sale. 14. If any purchaser shall fail to pay the down payment within the time fixed by this interlocutory judgment, the Referee shall offer the Property to the next highest bidder at the sale, who shall inform the Referee within two (2) business days whether said bidder elects to purchase the Property at its bid price. If so, said bidder shall tender the required down payment with its 5 5 of 17 CMFILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023 . . INDEX NO. 654176/2021NYSCEF DOC. NO. 21YOE NEW COUN'fY RECEIVED NYSCEF: 12/07/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEFi 01/19/2023 21 654176 election to purchase and shall close the sale, as provided in this Interlocutory Judgment and the Terms of Sale. 15. If any purchaser shall fail to pay the down payment within the time fixed by this interlocutory judgment, and (i) the second high bidder declines to purchase the Property, or (ii) shall fail to close the purchase at the time set by the terms of this interlocutory judgment, or any adjournment granted by the Referee, the Referee shall promptly re-notice the Property for sale pursuant to Article 9 of the RPAPL and the provisions of this interlocutory judgment. 16. In the event that the Property is re-noticed for sale, the defaulting purchaser shall be liable in the amount due as and for the down payment required by paragraph 12 hereof as liquidated damages and shall, in addition, be liable for all costs and expenses incurred by the parties or by the Referee, including but not limited to the costs and expenses in publicizing and conducting a second judicial sale of the Property, but shall not otherwise have any further liability as a result of the default. 17. The parties herein shall take such actions as the Referee reasonably requests to facilitate the sale of the Property, including accommodating viewings and inspections by potential bidders. 18. Any of the parties to this action may purchase the Property at the sale, either jointly or severally, and directly or by their respective assigns. For purposes of bidding at the auction, the parties shall bid as if they were submitting a bid for the entire interest in the Property. In the event that Plaintiffs, jointly or severally, or Defendant, or their respective assigns, elects to bid at the auction to purchase the and is the high bidder at the Property auction, then Plaintiffs, jointly or severally, or Defendant, or their respective as the case assigns, may be, shall be required only to tender the portion of the purchase price for the allocable to the Property 6 6 of 17 mFILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023 INDEX 654176/2021 .NYSCEF DOC. NO. 21YORK . COMY CERK RECEIVED NYSCEF: 12/07/2023 NO. NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/19/2023 21 654176 estate or interest in the Property not already held by said party or parties. By way of example only, if Plaintiffs, jointly or by their assigns, are the high bidder and the nominal winning bid for the Property is $40,000,000.00, then Plaintiffs shall be required to tender a down payment within the time set forth above of $1,000,000.00, and an additional $9,000,000.00 at closing as and for the tialance of the purchase price of the interest in the Property not theretofore already owned by Plaintiffs; and if Defendant is the high bidder and its nominal winning bid is $40,000,000.00, then Defendant shall be required to tender a down payment within the time set forth above of $3,000,000.00, and an additional $27,000,000.00 at closing as and for the balance of the purchase price of the interest in the Property not theretofore already owned by Defendant. In addition, any party purchasing the Property shall be required to pay any other sum or charge (excluding payment of New York City or State transfer taxes) that may be due from the purchaser pursuant to the Terms of Sale. 19. The purchaser shall pay the charge for recording the deed to be given by the Referee, any charge or tax (excluding any applicable New York City or State transfer taxes) upon the delivery or recording of said deed, and the reasonable charge of the Referee for drawing the deed, and the notice of sale shall so state. The reasonable costs of the Referee's actions are expenses of the sale and shall be paid by the Referee from the proceeds of the sale. 20. Any New York City and State real property transfer taxes due and payable with respect to the sale of the Property shall be paid by the Referee from the proceeds of the sale. is" 21. The purchaser shall take the Property in "as is, where condition, subject to any state of facts that an accurate survey would show, violations, notices of violation, and matters of record, as more fully provided for in the Terms of Sale, annexed hereto as Schedule and in the A, 7 7 of 17FILED: NEW YORK COUNTY CLERK 12/07/2023 01:15 PM INDEX NO. 652192/2023 FM DOC.: NO.NYSCEF EW 21YO .COWTY CHE . INDEX RECEIVED NYSCEF: 12/07/2023 NO. 654176/2021 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 01/19/2023 21 654176 final judgment. Neither the Referee nor the parties make any representation or warranty whatsoever with respect to the Property. 22. The Referee shall deposit with such federally insured bank as the Referee may select, in an interest account, in said Referee's name and to the credit of this action, to be bearing paid out only on the further order of this Court, all moneys received by said Referee, and shall make a report as soon as possible to this Court on said sale and expenses of the sale and shall not deliver a deed to any purchaser until after said report is confirmed by this Court. 23. If Plaintiffs, jointly or severally, or Defendant are the higher bidder at the auction and have assigned their interest in the purchase to an assignee, they shall so advise the Referee as to the transferee to be named on the Referee's deed reasonably in advance of the closing date, and the Referee's deed shall be prepared accordingly.

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Case Number: 21TRCV00651 Hearing Date: July 26, 2024 Dept: 8 Tentative Ruling HEARING DATE: July 26, 2024, continued from July 19 due to cyber attack CASE NUMBER: 21TRCV00651 CASE NAME: Martorell Law APC v. Evgeny Afineevsky, et al. MOVING PARTY: Plaintiff, Martorell Law APC RESPONDING PARTY: Defendant, Evgeny Afineevsky TRIAL DATE: August 5, 2024 MOTION: (1) By Plaintiff: Motion for Summary Judgment (2) By Defendant: ex parte application to Continue the August 5, 2024 Trial Tentative Rulings: This is the same tentative ruling posted for the July 19 hearing, which counsel might have been unable to review because of the effects of the cyber-attack on the Courts computer systems. (1) Motion for Summary Judgment is DENIED. 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Issue No. 1: As alleged against Evgeny Afineevsky and Pray for Ukraine Production LLC, Plaintiffs First Cause of Action, Breach of Contract, succeeds as a matter of law because Defendants did not uphold their obligations. 2. Issue No. 2: As alleged against Evgeny Afineevsky and Pray for Ukraine Production LLC, Plaintiffs Second Cause of Action, Common Count of Account Stated, succeeds as a matter of law because Plaintiff Martorell Laws assignor upheld its obligations to submit billing statements to Defendants, but Defendants have not paid the billing statements, despite stating they would do so. 3. Issue No. 3: As alleged against Evgeny Afineevsky and Pray for Ukraine Production LLC, Plaintiffs Third Cause of Action, Common Count for Open Book Account, succeeds as a matter of law because Plaintiff Martorell Laws assignor maintained a record of the debts owed to its assignee. 4. Issue No. 4: As alleged against Evgeny Afineevsky and Pray for Ukraine Production, LLC, Plaintiffs Fourth Cause of Action, Reasonable Value of Service Rendered (Quantum Meruit), succeeds as a matter of law because Plaintiff Martorell Laws assignor performed the work under the attorney-client relationship and Defendants retained the benefit of those services. B. Procedural On April 2, 2024, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication. On July 3, 2024, Defendant, Evgeny Afineevsky filed an opposition brief and declarations. On July 12, 2024, Plaintiff filed a reply brief with a new declaration and new exhibits not included in the original moving papers. II. EVIDENTIARY OBJECTIONS Overrule: all. Sustain: none. III. ANALYSIS A. Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP Section 437(c) requires the trial judge to grant summary judgment if all the evidence submitted, and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.¿ (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)¿ The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.¿ (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367, 381-382.) As to each claim as framed by the complaint, the defendant moving for summary judgment must satisfy the initial burden of proof by presenting facts to negate an essential element, or to establish a defense. (CCP § 437c(p)(2); Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1520. ) Courts liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.¿ (Dore v. Arnold Worldwide, Inc.(2006) 39 Cal.4th 384, 389.) 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Plaintiff argues that on July 19, 2017, BM LLP and Defendants, Evgeny Afineevsky and Pray for Ukraine Production, LLC entered into a written fee agreement in Los Angeles, California, whereby BM LLP entered into a written fee agreement in Los Angeles, California whereby BM LLP agreed to act as Defendants legal representative in the lawsuit. (Martorell Decl., ¶ 2.) Plaintiff contends that the written free agreement included a $10,000 retainer deposit, which Defendants paid on July 18, 2017. (Martorell Decl., ¶2.) On July 19, 2017, Plaintiff asserts it began legal services. (Martorell Decl., ¶ 2.) 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For example, Defendants dispute that there was a meeting of the minds as to the amount owed, that there is a dispute as to the duration of the representation, that Plaintiff failed to investigate insurance coverage or to earlier tender the defense of the underlying action to Defendants production companys errors and omissions policy carrier. See 7/3/24 Separate Statement UMFs 4, 5, 10. Defendants dispute Plaintiffs standing because no corroboration was submitted with the moving papers of the claimed assignment from BM LLP to Plaintiff. See 7/3/24 Sep. Statement UMF 8. The Opposition raises a dispute as to its defense of overbilling for work that was never used or filed to advance the interests of its clients. Furthermore, Defendants argue that Plaintiff filed no substantive pleadings in the case while representing Defendant and its work was not used by Defendants subsequent attorneys. Defendants have provided the declaration of counsel Tarasov indicating that such work was not used nor was it instrumental in the ultimate outcomes of the case. While Mr. Martorell addresses a number of these issues in his reply declaration and its attached exhibits, the conflict between his declaration and that of his former co-counsel Mr. Tarasov by itself demonstrates that the trier of fact will need to resolve the disputed issues of reasonableness of billings, the claimed failure to earlier tender a defense to an E&O carrier and at whose feet lays the blame for that, the affirmative defense of excuse or of quality of the representation, and other matters. IV. CONCLUSION For the foregoing reasons, Plaintiffs Motion for Summary Judgment is DENIED. Defendants are ordered to provide notice.

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SLAUSON GAS STATION, LLC VS BROADWAY FEDERAL BANK

Jul 29, 2024 |BC667915

Case Number: BC667915 Hearing Date: July 29, 2024 Dept: 71 Superior Court of California County of Los Angeles DEPARTMENT 71 TENTATIVE RULING SLAUSON GAS STATION, LLC, vs. BROADWAY FEDERAL BANK. Case No.: BC667915 Hearing Date: July 29, 2024 Defendant Broadway Federal Bank, F.S.B.s unopposed motion for attorneys fees against Plaintiff Slauson Gas Station, LLC is granted in the reduced total amount of $257,406.75. Defendant Broadway Federal Bank, F.S.B.s motion for attorneys fees against Plaintiff Hooman Nissani is granted in the reduced amount of $314,832.33. Defendant Broadway Federal Bank, F.S.B. (Broadway) (Defendant) moves unopposed for an order awarding its attorneys fees against Plaintiff Slauson Gas Station, LLC (Slauson) (Plaintiff) in the total amount of $275,699.50.00, comprised of $269,199.50 in fees defending this action against Slauson, and an additional $6,500 in connection with the instant motion. (Notice of Motion Slauson, pgs. 2-3; Civ. Code §§1717, 1785, 1785.31(e), 1788.30.) Defendant moves for an order awarding its attorneys fees in the total amount of $466,548.50 against Plaintiff Hooman Nissani (Nissani) (Plaintiff) in the total amount of $472,548.50, comprised of $466,548.50 in fees defending this action against Nissani, and an additional $6,000 in connection with the instant motion. (Notice of Motion Nissani, pgs. 2-3; Civ. Code §§1717, 1785, 1785.31(e), 1788.30.) 1. Motion for Attorneys Fees- Slauson Request for Judicial Notice Defendants 12/27/23 request for judicial notice of (1) Declaration of Teresa Taylor in Support of Defendants Notice of Motion and Motion for Summary Judgment, or, Alternatively, Summary Adjudication of Issues, filed in this action concurrently with the Motion for Summary Judgment on July 12, 2023; (2) Complaint for Damages filed in this action on July 7, 2017; and (3) Minute Order from November 9, 2023, in this action is denied because this Court does not need to take judicial notice of filings on the instant docket. Defendants 12/27/23 request for judicial notice of (1) A Certificate of Status from the Secretary of State from October 25, 2023, for Slauson Gas Station, LLC, showing that Slauson Gas Station is suspended, with certificate number 154265623 (D-RJN, Exh. 4); and (2) Entity Status Letter from the Franchise Tax Board from July 18, 2023, for Slauson Gas Station, LLC, showing that Slauson Gas Station is not in good standing with the Franchise Tax Board (D-RJN, Exh. 5) is granted. Procedural Background On July 7, 2017, Slauson filed a lawsuit against Defendant for Breach of Contract, Negligent Misrepresentation, Breach of the Implied Covenant of Good Faith and Fair Dealing, Accounting, and Violation of the Consumer Credit Report Act. On November 9, 2023, at the Final Status Conference, Defendant brought on for hearing its Motion in Limine to Exclude All Evidence Offered by Slauson Gas Station, LLC at Trial (Motion in Limine) on the grounds that on or about November 1, 2021, Slauson was again suspended by the California Secretary of State and Franchise Tax Board and remained suspended ever since, and due to its suspended status, Slauson should be prohibited from prosecuting the action and participating at trial. (Decl. of Richman ¶2.) Just as the Court was about to grant the Motion in Limine and exclude Slauson from participating in the trial, Slauson stated on the record that it was dismissing its Complaint. (Decl. of Richman ¶¶3, 4; D-RJN, Exh. 3.) Defendant filed the instant motion on December 27, 2023. As of the date of this hearing no opposition has been filed. Discussion Civil Code §1717(a) provides, in part: In any action on a contract, where the contract specifically provides that attorneys fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneys fees in addition to other costs. Where a contract provides for attorneys fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the contract, and the fact of that representation is specified in the contract. Reasonable attorneys fees shall be fixed by the court, and shall be an element of the costs of suit. (Civ. Code §1717(a).) Here, Defendant is the prevailing party in a contract with Slauson, the Promissory Note, which contains the following cost and expenses provision: Borrower hereby agrees to pay any and all costs and expenses paid or incurred by Lender by reason of, as a result of, or in connection with this Note, the Deed of Trust or other Loan Documents, including, but not limited to, any and all attorneys fees and related costs whether such costs or expenses are paid or incurred in connection with the enforcement of this Note, the Deed of Trust and Loan Documents, or any other them, the protection or preservation of the collateral or security for this Note or any other rights, remedies or interests of Lender, whether or not suit is filed. . . . (7/12/23 Decl. of Taylor ¶5, Exh. 2 at pg. 5.) Section 11 of the Guaranty also contains the following attorneys fees provision: The prevailing party shall be entitled to reasonable attorneys fees and all other costs and expenses which may be incurred by the prevailing party in connection with the enforcement, preservation of rights under, or defense of this Guaranty or in connection with any other dispute or proceeding relating to his Guaranty, whether or not incurred in any Insolvency Proceeding, arbitration, litigation, or other proceeding. (7/12/23 Decl. of Taylor ¶11, Exh. 3 at ¶11.) Further, the Loan Agreement contains a costs, expenses, and taxes provision, which provides, Borrower shall pay to Lender, on demand: (7.12.1) Attorneys fees and out-of-pocket expenses incurred by Lender in connection with the negotiation, preparation, execution, delivery, and administration of this Agreement and any other Loan Document. . . . (7/12/23 Decl. of Taylor ¶4, Exh. 1 at §7.12.) Defendant is the undisputed prevailing party under the Promissory Note, Guaranty, and Loan Agreement. Defendant succeeded in its litigation objectives against Slauson upon Slausons filing of the dismissal, and Slauson failed. (See Santisas v. Goodin (1998) 17 Cal.4th 599, 608-609.) Therefore, Defendant is entitled to an award of its reasonable attorneys fees. Reasonable Fees To calculate a lodestar amount, the Court must first determine the reasonableness of the hourly rates sought by the Plaintiffs counsel. The Supreme Court of California has concluded that a reasonable hourly lodestar rate is the prevailing rate for private attorneys conducting non-contingent litigation of the same type. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133, emphasis added.) Defendants counsel declares the following hourly rates for the services of Epport, Richman & Robbins, LLP: (1) Steven N. Richman ($550.00/hour); (2) Kimia Sehati ($475.00/hour). (Decl. of Richman ¶¶13-14; Exh. A.) Defendants counsel declares the following hourly rate for the services of Donna L. La Porte: $215.00/hour. (Decl. of La Porte ¶4.) These rates are appropriate given each the attorneys relative experience and qualifications. (See Decl. of Richman; Decl. of La Porte.) Defendant has sufficiently demonstrated its counsels hourly rates are reasonable in their community of practice in their specialized area of law. Billed Hours The party seeking fees and costs bears the burden to show the fees incurred were allowable, were reasonably necessary to the conduct of the litigation, and were reasonable in amount. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) Defendants counsels fee recovery is based on 421.70 hours spent by its attorneys at Epport, Richman & Robbins, LLP litigating this case for a total of $222,695.00 (Decl. of Richman ¶¶14, 17, Exh. A.), and hours spent by La Porte litigating this case for a total of $34,711.75 (Decl. of La Porte ¶9-10, Exh. B.).[1] Therefore, Defendants attorneys fees is granted in the combined total of $257,406.75. Defendant also requests an additional 8 hours in fees to draft the instant motion. (Decl. of Richman ¶20.) In light of the fact that the instant motion is unopposed, the Court declines to grant Defendants requested three anticipated hours to review an opposition and file a reply. Therefore, Defendants request for additional fees in the reduced amount of $3,800.00 is appropriate, per the following calculation: $475.00 x 8 = $3,800.00 Defendants motion is granted. Conclusion Accordingly, Defendants unopposed request for attorneys fees is granted in the reduced total of $257,406.75. Moving Party to give notice. 2. Motion for Attorneys Fees- Nissani CRC Violations C.R.C. Rule 3.1354(b) provides, All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion. Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must: (1) Identify the name of the document in which the specific material objected to is located; (2) State the exhibit, title, page, and line number of the material objected to; (3) Quote or set forth the objectionable statement or material; and (4) State the grounds for each objection to that statement or material. (CRC, Rule 3.1354(b).) Nissanis 7/15/24 evidentiary objections are in violation of CRC, Rule 3.1354(b) because they are not numbered consecutively; fail to State the exhibit, title, page, and line number of the material objected to; and fail to quote or set forth the objectionable statement or material. To avoid confusion, the Court numbers each paragraph of the evidentiary objections consecutively. Evidentiary Objections Nissanis 7/15/24 evidentiary objections to the Declaration of Gerald G. Knapton (Knapton) are overruled as to Nos. 1, 2, 4, 5, and 6, and sustained as to No. 3. Defendants 7/24/24 evidentiary objections to the Declaration of Grant Stiefel (Stiefel) are overruled as to Nos. 4, 5, 6, 10, 11, and 12, and sustained as to Nos. 1, 2, 3, 7, 8, and 9. Request for Judicial Notice Defendants 3/13/24 request for judicial notice of (1) Declaration of Teresa Taylor in Support of Defendants Notice of Motion and Motion for Summary Judgment, or, Alternatively, Summary Adjudication of Issues, filed in this action concurrently with the Motion for Summary Judgment on July 12, 2023; (2) Complaint for Damages filed in this action on July 7, 2017; (3) Minute Order from November 9, 2023, in this action; and (4) Judgment After Verdict, entered on January 24, 2024, is denied because this Court does not need to take judicial notice of filings on the instant docket. Procedural Background On July 7, 2017, Nissani, along with Ebrahim Nissani and Slauson, filed a lawsuit against Defendant for Breach of Contract, Negligent Misrepresentation, Breach of the Implied Covenant of Good Faith and Fair Dealing, Accounting, and Violation of the Consumer Credit Report Act. On November 9, 2023, at the Final Status Conference, Slauson stated on the record that it was dismissing its Complaint. (Decl. of Richman ¶¶3, 4; D-RJN, Exh. 3.) Nissani proceeded with the case, bringing the case to a jury trial, which began on December 11, 2023. The jury returned a unanimous verdict in favor of Defendant on each of Nissanis remaining claims and awarded Nissani $0.00. Defendant filed the instant motion on March 13, 2024. Nissani filed his opposition on July 15, 2024. Defendant filed its reply on July 24, 2024. Discussion Civil Code §1717(a) provides, in part: In any action on a contract, where the contract specifically provides that attorneys fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorneys fees in addition to other costs. Where a contract provides for attorneys fees, as set forth above, that provision shall be construed as applying to the entire contract, unless each party was represented by counsel in the negotiation and execution of the contract, and the fact of that representation is specified in the contract. Reasonable attorneys fees shall be fixed by the court, and shall be an element of the costs of suit. (Civ. Code §1717(a).) Here, Defendant is the prevailing party in a contract with Slauson for which Nissani was the signatory and guarantor on the Promissory Note, which contains the following cost and expenses provision: Borrower hereby agrees to pay any and all costs and expenses paid or incurred by Lender by reason of, as a result of, or in connection with this Note, the Deed of Trust or other Loan Documents, including, but not limited to, any and all attorneys fees and related costs whether such costs or expenses are paid or incurred in connection with the enforcement of this Note, the Deed of Trust and Loan Documents, or any other them, the protection or preservation of the collateral or security for this Note or any other rights, remedies or interests of Lender, whether or not suit is filed. . . . (7/12/23 Decl. of Taylor ¶5, Exh. 2 at pg. 5.) Section 11 of the Guaranty also contains the following attorneys fees provision: The prevailing party shall be entitled to reasonable attorneys fees and all other costs and expenses which may be incurred by the prevailing party in connection with the enforcement, preservation of rights under, or defense of this Guaranty or in connection with any other dispute or proceeding relating to his Guaranty, whether or not incurred in any Insolvency Proceeding, arbitration, litigation, or other proceeding. (7/12/23 Decl. of Taylor ¶11, Exh. 3 at ¶11.) Further, the Loan Agreement contains a costs, expenses, and taxes provision, which provides, Borrower shall pay to Lender, on demand: (7.12.1) Attorneys fees and out-of-pocket expenses incurred by Lender in connection with the negotiation, preparation, execution, delivery, and administration of this Agreement and any other Loan Document. . . . (7/12/23 Decl. of Taylor ¶4, Exh. 1 at §7.12.) Defendant is entitled to attorneys fees under the attorneys fees provisions of the Promissory Note, Guaranty, and Loan Agreement, pursuant to Civil Code §1717. Defendant is also entitled to its attorneys fees for prevailing on Nissanis non-contract claims under Civil Code §1717. Where claims based on the contract are combined with non-contract claims, the prevailing party is entitled to fees only for work done on the contract claims unless the claims for relief are so intertwined that it would be impracticable, if not impossible, to separate the attorneys time into compensable and non-compensable units. (Grant vs. List & Lathrop (1992) 2 Cal.App.4th 993; Las Palmas Assoc. vs. Las Palmas Ctr. Assoc. (1991) 235 Cal.App.3d 1220; Shadoan vs. World Saving & Loan Assn (1990) 219 Cal.App.3d 97; Fed-Mart Corp. vs. Pell Enters. (1980) 111 Cal.App.3d 215.) The attorneys time spent on overlapping claims is also compensable. (Reynolds Metals Co. vs. Alperson (1979) 25 Cal.3d 124; Nazemi vs. Tseng (1992) 5 Cal.App.4th 1633; On vs. Cow Hollow Prop. (1990) 222 Cal.App.3d 1568; Bruckman vs. Parliament Escrow Corp. (1987) 190 Cal.App.3d 1051.) Defendant is the undisputed prevailing party on the cause of action for breach of contract and for non-contract claims for negligent misrepresentation, breach of the implied covenant of good faith and fair dealing, accounting, and violation of Civil Code §1785.1 because the allegations are all inextricably intertwined and overlapping with the contract claim. The claims in the operative pleading are premised on the same core factual allegations: a breach of contract claim in connection with a loan transaction based on allegations that Defendant breached the Promissory Note, Guaranty, and Loan Agreement between Slauson, Nissani, and Defendant. Plaintiffs claims were premised on the fact that Defendant allegedly improperly reported his default under the Promissory Note, Guaranty, and Loan Agreement to credit reporting agencies. Because Nissanis noncontract claims are inextricably intertwined with his contract claim, Defendant is entitled to recover all of its fees for prevailing on all of Nissanis claims. (See Wagner v. Benson (1980) 101 Cal.App.3d 27, 37 [stating holder of a note which provides for payment of fees incurred to collect the balance due is entitled to fees incurred in defending itself against interrelated allegations of fraud].) Accordingly, Defendant is entitled to attorneys fees as the prevailing party. Reasonable Fees To calculate a lodestar amount, the Court must first determine the reasonableness of the hourly rates sought by the Plaintiffs counsel. The Supreme Court of California has concluded that a reasonable hourly lodestar rate is the prevailing rate for private attorneys conducting non-contingent litigation of the same type. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133, emphasis added.) Defendants counsel declares the following hourly rates for the services of Epport, Richman & Robbins, LLP: (1) Steven N. Richman ($550.00/hour); (2) Kimia Sehati ($475.00/hour). (Decl. of Richman ¶¶13-14; Exh. A.) Defendants counsel declares the following hourly rate for the services of Donna L. La Porte: $215.00/hour. (Decl. of La Porte ¶4.) These rates are appropriate given each the attorneys relative experience and qualifications. (See Decl. of Richman; Decl. of La Porte.) Defendant has sufficiently demonstrated its counsels hourly rates are reasonable in their community of practice in their specialized area of law. Billed Hours The party seeking fees and costs bears the burden to show the fees incurred were allowable, were reasonably necessary to the conduct of the litigation, and were reasonable in amount. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) Defendants counsels does not provide the total hours spent by its attorneys at Epport, Richman & Robbins, LLP litigating this case, but indicates it reduced fees in the amount of $36,107.50 from the billing statements for fees incurred in connection to claims brought by Slauson and Ebrahim Nissani, seeking a total of $412,406.00 on this motion (Decl. of Richman ¶¶14, 17, Exh. A.), and for hours spent by La Porte litigating this case for a total of $54,502.50 (Decl. of La Porte ¶9-10, Exh. B.). Therefore, Defendants attorneys fees is requested in the combined total of $466,548.50. Defendant also requests an additional 7 hours in fees to draft the instant motion and an additional three hours to review the opposition and draft a reply, and two additional hours to prepare for and appear at the hearing on the instant motion. (Decl. of Richman ¶20.) Nissani raises objections to Defendants motion that are unavailing or lack the requisite particularity. However, Nissanis objections to Defendants counsels billing records as block billed and vague are well taken. (See Decl. of Stiefel ¶¶34-36, 40, Exhs. C, D.) Such billing records as examine additional documents on May 30, 2022, for 0.40 for $210.00 in fees, or Review/prepare emails with Counsel and others; related telephone conversations; prepare Memorandum on June 14, 2022, for 0.70 hours for $367.50 are impermissibly vague and block billed. The Court reduces Defendants request for fees by one third of the total requested fee, granting Defendants motion in the reduced amount of $311,032.33, calculated as follows: 1/3 x $466,548.50 = $155,516.17 $466,548.50 - $155,516.17 = $311,032.33 Defendants request for 7 hours in fees to draft the instant motion and an additional 3 hours to review the opposition and draft a reply, and 2 additional hours to prepare for and appear at the hearing on the instant motion is granted for a reduced total of 8 hours, calculated for a reduced total of $3,800.00, as follows: $475.00 x 8 = $3,800.00 Defendants motion is granted in the reduced total amount of $314,832.33. Conclusion Accordingly, Defendants request for attorneys fees is granted in the reduced total of $314,832.33. Moving Party to give notice. Dated: July _____, 2024 Hon. Daniel M. Crowley Judge of the Superior Court [1] The Declaration of La Porte indicates a total of $34,711.75 in attorneys fees, while the Declaration of Richman indicates that La Pore incurred attorneys fees of $46,504.50, citing to the Declaration of La Porte without a pin cite. The Court relies on La Portes calculation of attorneys fees in her declaration and not the value in Defendants motion or Richmans declaration.

Ruling

ONE SILVER SERVE, INC. VS COLORADO STRUCTURES INC., ET AL

Jul 22, 2024 |CV2200992

DATE: 07/16/24 TIME: 1:30 P.M. DEPT: A CASE NO: CV2200992PRESIDING: HON. STEPHEN P. FRECCEROREPORTER: CLERK: Q. ROARYPLAINTIFF: ONE SILVER SERVE, INC. VS.DEFENDANT: COLORADO STRUCTURESINC., ET ALNATURE OF PROCEEDINGS: MOTION —- LEAVE TO AMEND FIRST AMENDEDCROSS-COMPLAINT RULINGThe motion for leave to file a second amended cross-complaint (“SACC”) by Monahan-Parker,Inc. and 1201 Fifth Avenue, LLC (“Owners”) is GRANTED. BackgroundThis cross-action arises out of the construction of anew AC Hotel by Marriott in San Rafael,California (the “Project”). Owners filed a cross-complaint against multiple parties involved inthe construction after plaintiff One Silver Serve, Inc. (a sub-contractor) filed a complaint againstOwners alleging it was not paid for work it performed on the Project.Owners’ first amended cross-complaint (“FACC”) alleges they hired DLR Group, Inc. (“DLR”)to be the architect for the Project and Colorado Structures, Inc. (“CSI”) to be the generalcontractor. (FACC, fff 16-17.) The FACC further alleges that Owners engaged Maroevich,O’Shea & Coghlan Insurance Services, Inc. (“MOC”) and MOC’s successor-in-interest,Symphony Risk Solutions Insurance Services, Inc. (“Symphony”)(collectively, “Broker”) toprocure insurance for the Project. Owners allege they provided Broker with specifications forsaid insurance and paid Broker a fee for procuring the same. (FACC 4 18.)In October 2021, the Bay Area was hit with severe storms causing significant water damage tothe Project. (FACC ff] 28-29.) Owners allege, among other things, that because of the variousfailures of DLR and CSI, including Broker’s failure to provide insurance coverage that compliedwith specifications provided by Owner, they are entitled to damages, including indemnity fromCSI. (See FACC.)Currently before the Court, is Owners’ motion for leave to file a second amended cross-complaint ““SACC”),aa ee€V2200992 Legal StandardUnder Code of Civil Procedure section 473, subdivision (a)(1), the Court may, in furtherance ofjustice, and on any terms as may be proper, allow a party to amend any pleading or proceeding.As judicial policy favors resolution of all disputed matters in the same lawsuit, courts liberallypermit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Denialis rarely justified unless opposing parties demonstrate unreasonable delay plus prejudice if themotion is granted. A mere showing of unreasonable delay by the plaintiff without any showingof resulting prejudice to defendants is an insufficient ground to justify denial of the plaintiff'smotion. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564-565.) Prejudice exists where theamendment would require delaying the trial, resulting loss of critical evidence or added costs ofpreparation, and an increased burden of discovery, inter alia. (Magpali v. Farmers Group, Inc.(1996) 48 Cal.App.4th 471, 486-488.)Generally, courts allow the amendment and then let the parties test the legal sufficiency in otherappropriate proceedings such as a demurrer. (See Kittredge Sports Co. v. Superior Court (1989)213 Cal.App.3d 1045, 1048, and Atkinson v. Elk Corp, (2003) 109 Cal. App.4th 739, 760; seealso Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2024){| 6:644.)A party requesting leave to amend must also comply with California Rules of Court, rule 3.1324.Compliance with the Rules of Court is satisfied by including a copy of the proposed amendedpleading, detailing what changes will be made from the previous pleading by stating whatallegations are to be deleted or added as compared to the previous pleading including page,paragraph and line number, and attaching a declaration by plaintiff's counsel, as to: (1) the effectof the amendment; (2) why the amendment is necessary and proper; (3) when the facts givingrise to the amended allegations were discovered; and (4) why the request was not made earlier.Ultimately, as long as no prejudice to the defendant is shown, the liberal policy regarding theamendment prevails. (Mester v. Bragg Mgt. Co. (1985) 39 Cal.3d 290, 296-297.) DiscussionOwners seek leave to file the SACC to add three sets of claims: 1) a violation of Business andProfessions Code section 7031 against CSI for a failure to be properly licensed; 2) indemnity-related claims against DLR and Broker; and breach of contract and negligence claims against thesubcontractors.' (See Declaration of Michael J. Betz, § 3.) Owners assert that discovery hasrevealed the additional claims and wrongdoers and that the indemnity claims were only realizedafter the filing of the FACC. (id. at { 5-7.)Only CSI opposes the proposed amendment. It argues, among other things, that at the October 2,2023 Case Management Conference, Owners failed to disclose that it may later seek to amendthe FACC. CSI argues that the motion is unreasonably late and would result in prejudice in lightof the April 2025 trial date. However, CSI fails to adequately describe the prejudice to which itwould be subjected if the Court grants the leave requested. Owners assert that the discovery of* Owners further propose additional stylistic revisions to “harmonize the SACC.” (See Amended Notice of Motionand Motion for Leave to Amend First Amended Cross-Complaint, p. 3:4-5; see also Declaration of Michael J. Betz, 8)Page 2 of 3aC€V2200992the additional claims and parties was not until after conducting discovery and taking depositionsas of February 2024.CSI further opposes the motion arguing that “Undisputed Facts and California Law Confirm[Owners] Cannot Prevail On [their] Disgorgement Claim.” (Oppo., p. 9:12-13.)The standard for the Court’s consideration of whether an amendment should be allowed does notinclude an evaluation of the evidentiary and substantive merits of a case. The opposing partymay test the legal sufficiency of the allegations in other proceedings. (See Kittredge Sports Co.,supra, 213 Cal.App.3d 1045, 1048, and Atkinson, supra, 109 Cal-App.4th 739, 760.)Owners have satisfied the requirements of California Rules of Court, rule 3.1324. They provide acopy of the proposed amended cross-complaint including the allegations and addition ofsubcontractor cross-defendants. (See Betz Decl., 44, Notice of Motion Exhs. | & 2; see also Cal.Rules of Court, rule 3.1324(a); Dye v. Caterpillar, Inc. (2011) 195 Cal.App.4th 1366, 1380.)Owners further include a declaration specifying why the amendment is now necessary, whenfacts giving rise to the amendment were discovered, and why the request was not made earlier.(Cal. Rules of Court, rule 3.1324(b); Betz Decl., Jf 3, 5-9.)Accordingly, the Court grants the motion for leave to amend as proposed. Ail parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B)to contest the tentative decision. Parties who request oral argument are required to appear inperson or remotely by ZOOM. Regardless of whether a party requests oral argument inaccordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with theannounced ruling as required by Marin County Superior Court Local Rules, Rule 2.11. The Zoom appearance information for July, 2024 is as follows: hittps://www.zoomgoy com/j/ 1602925171 I»wd=NUdsa ViabHNrNjZGZjFsVj VSTUVqQT09 Meeting ID: 160 292 5171 Passcode: 868745 If you are unable to join by video, you may join by telephone by calling (669) 254-5252and using the above-provided passcode. Zoom appearance information may also be found onthe Court’s website: https:/Avww.marin.courts.ca.goPage 3 of 3a a

Ruling

202100555658CUOE Christiane Lange Applegate vs. Seed Beauty LLC

Jul 22, 2024 |Benjamin F. Coats |Motion to Approve Settlement Agreement Pursuant to the Private Attorneys General Act |202100555658CUOE

SUPERIOR COURT OF CALIFORNIA COUNTY OF VENTURA Tentative Ruling 202100555658CUOE: Christiane Lange Applegate vs. Seed Beauty LLC 07/22/2024 in Department 43 Motion to Approve Settlement Agreement Pursuant to the Private Attorneys General ActThe morning calendar in courtroom 43 will normally begin at 8:45. Please arrive for your hearingno later than 8:30 a.m. The door will be opened before the calendar is called.The Court allows appearances by CourtCall and Zoom, but parties must both use the same platformif appearing remotely. The court’s equipment is not capable of handling mixed remoteappearances. Counsel are expected to cooperate in this regard. Refer to the Courtroom 43 webpagefor more information about remote appearances.If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, youmust make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing.Requests for approval of a CourtCall appearance made on the morning of the hearing will not begranted. No exceptions will be made.For Zoom appearances, you must email the court at Courtroom43@ventura.courts.ca.gov with asimultaneous copy to all other counsel/self-represented parties no later than 3:00 p.m. the courtday before the appearance. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OFHEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. You will receive the login informationfor your appearance in reply to your email. If appearing by Zoom, log into the hearing no laterthan 8:30 a.m. The Court will transfer you to the meeting room when your matter is called. Do notattempt to appear by Zoom without following these instructions.With respect to the tentative ruling below, no notice of intent to appear is required. If you wish tosubmit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. McIntyre at 805-477-5894, stating that you submit on the tentative. Or, you may emailCourtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu ofsending a fax or email. If you submit on the tentative without appearing and the opposing partyappears, the hearing will be conducted in your absence. If you are the moving party and do notcommunicate to the Court that you submit on the tentative or you do not appear at the hearing, theCourt may deny your motion irrespective of the tentative.Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing,the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with thecourt. A "notice of ruling" in lieu of this procedure is not authorized.Motion: Plaintiff’s Motion For Approval of Settlement Under Private Attorney General Act(“PAGA”) 202100555658CUOE: Christiane Lange Applegate vs. Seed Beauty LLCTentative Ruling: At 9:43 a.m. on Thursday July 18, 20024, Plaintiff’s counsel filed a Joint StatusReport regarding the Monday July 22, 2024, hearing, stating: “The Parties intend to proceed with the settlement approval hearing as scheduled. The Parties are working on finalizing and obtaining signatures to the settlement agreement and intend on filing the settlement agreement shortly.”At 4:13pm on the same day, the Court received the declaration of Kawnp*rn “Mai” Tulyathan,attaching, among other things, an unsigned “Joint Stipulation of Settlement and Release of PAGAClaims.”Neither submission (the Joint Status Report or the Tulyathan declaration) was timely filed orserved on the required parties. The Court intends to continue the hearing to August 12, 2024, sothat all parties, including the LWDA, are provided proper notice and all moving papers. It doesnot appear that the LWDA was provided with any of the declarations accompanying the Motion.Moreover, the Court cannot move forward with this Motion absent a fully-executed settlementagreement. Absent a fully-executed agreement there is no enforceable agreement for the Court toconsider. Notably, as of June 6, 2024, the parties stated that they were “still continuing to negotiateone remaining provision in the PAGA settlement agreement that remains unsettled,” and on July18, 2024, the parties indicated that they were in the process of both finalizing and obtainingsignatures. The nature of the one provision is not articulated and there is no explanation for thefailure to obtain all signatures to the agreement. In short, there is no agreed upon settlement beforethe Court and reaching the merits now would be premature.Moving party is ordered to serve notice of the continuance.

Ruling

GALLO, EMELIA vs COHN, ARTHUR

Jul 27, 2024 |CV-22-004006

CV-22-004006 – GALLO, EMELIA vs COHN, ARTHUR – Plaintiff’s Motion for Attorney’s Fees and Costs – DROPPED, at the request of the moving party.

Ruling

Joao Vitor Leite vs. Campos Demolition

Jul 17, 2024 |C23-02863

C23-02863CASE NAME: JOAO VITOR LEITE VS. CAMPOS DEMOLITIONHEARING ON DEMURRER TO: COMPLAINT FROM: GUSTAVO CAMPOSFILED BY: CAMPOS, GUSTAVO*TENTATIVE RULING:*Defendant Gustavo Campos filed this demurrer on 5/28/24. As of July 8, 2024, no opposition to thedemurrer has been filed, therefore, the demurrer is sustained with leave to amend.BackgroundThe plaintiff, Joao Vitor Leite, filed a complaint on November 21, 2023, for breach of an oral contract.The plaintiff alleges that the defendant subcontracted with him to perform paving, stair, and wallwork on residential property. The plaintiff alleges that he performed the work, but that defendanthas not paid and owes the plaintiff over $30,000. The defendant Campos, who owns and operatesCampos Demolition, filed this demurrer alleging that the plaintiff is not a licensed contractor,therefore, a demurrer mut be sustained to the complaint.Legal StandardA person or entity who falls under the definition of a contractor cannot obtain relief for non-paymentif the person or entity was not a licensed contractor. Business and Professions Code section 7026defines “contractor” as “any person who undertakes to…construct, alter, repair, add to, subtractfrom, improve, move, wreck, or demolish any building, highway, road…” (Business & Profession Codesection 7026). Moreover, courts have held that a demurrer shall be sustained to a complaint forbreach of contract if the plaintiff falls within the definition of a contractor under 7026 and was notlicensed. (Brunzell Construction Co. v. Barton Development Co. (1966) 240 CA2d 442; Lewis & Queenvs. N.M. Ball Sons (1957) 48 Cal2d 141)AnalysisIn this case, the plaintiff alleges that he was hired to drain, pave, and perform stair and wall work on aresidential property. The work the plaintiff was hired to perform falls within the definition of a“contractor” found in Business and Professions Code section 7026. The plaintiff did not allege that hewas a licensed contractor at the time the work was performed or in his complaint. This failure is fatalto the complaint and the court sustains defendant’s demurrer. However, the court notes the plaintiffis self-represented. It may be the plaintiff is a licensed contractor. For this reason, the court issustaining the demurrer with leave to amend. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 27 JUDICIAL OFFICER: TERRI MOCKLER HEARING DATE: 07/17/2024

Ruling

James, Debbie et al vs. Osborn, Glen et al

Aug 05, 2024 |S-CV-0050397

S-CV-0050397 James, Debbie et al vs. Osborn, Glen et al** NOTE: telephonic appearances are strongly encouragedAppearance required. Cross Complaint of Osborn [filed 10/27/23] is not atissue - Need status of Roe Defendants

Document

Hillary Goldstein v. Jp Morgan Chase Bank, N.A.

Dec 13, 2016 |Arlene P. Bluth |Other Matters - Contract Non-Commercial |Other Matters - Contract Non-Commercial |160431/2016

Document

Jan 18, 2022 |Jennifer G. Schecter |Commercial - Other - Commercial Division (Legal Malpractice) |Commercial - Other - Commercial Division (Legal Malpractice) |150496/2022

Document

Change Lending, Llc v. 777 Partners Llc, 600 Partners Llc

Jan 09, 2024 |Jennifer G. Schecter |Commercial - Contract |Commercial - Contract - Commercial Division |650118/2024

Document

Hillary Goldstein v. Jp Morgan Chase Bank, N.A.

Dec 13, 2016 |Arlene P. Bluth |Other Matters - Contract Non-Commercial |Other Matters - Contract Non-Commercial |160431/2016

Document

Feb 26, 2018 |O. Peter Sherwood |Commercial Division |Commercial Division |651993/2019

Document

Derrick P Mimms v. 135-137 West 115th Street Housing Development Fund Corporation a/k/a 135-137 West 115th Street HDFC, Board Of Directors Of 135-137 West 115th Street Housing Development Fund Corporation a/k/a 135-137 West 115th Street HDFC, H.S.C. Management Corp.

Mar 27, 2023 |Gerald Lebovits |Commercial - Other (declaratory judgment) |Commercial - Other (declaratory judgment) |152837/2023

Document

Hofstra University, St. John'S University v. United Educators

Jul 23, 2024 |Commercial - Contract |Commercial - Contract |653697/2024

Document

Change Lending, Llc v. 777 Partners Llc, 600 Partners Llc

Jan 09, 2024 |Jennifer G. Schecter |Commercial - Contract |Commercial - Contract - Commercial Division |650118/2024

EXHIBIT(S) - C - Memorandum of Sale December 07, 2023 (2024)

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