Judge John J. Kralik, Case Number: EC065007, Date: 2023-06-23 Tentative Ruling

Plaintiffs Secret Recipes, Inc., Hovik Grigorian, and Andreh H. Koygani filed the Second Amended Complaint (“SAC”) on November 28, 2016 against Defendants Felix Lopez, Luis Rodriguez, and Oak Escrow Inc., alleging causes of action for: (1) specific performance; (2) breach of contract; (3) conversion; (4) constructive trust; (5) fraud; (6) breach of fiduciary duty; (7) negligence; (8) IIED; (9) money had and received; (10) rescission of contract; and (11) declaratory relief.

On February 23, 2021, Cross-Complainants Felix Lopez and Luis Rodriguez (“Cross-Complainants”) filed the Third Amended Cross-Complaint (“TAXC”) against Cross-Defendants Secret Recipes, Grigorian, and Koygani, alleging causes of action for: (1) defamation; (2) slander; (3) statutory unfair competition (Bus. & Profs. Code, §17200); (4) successor-in-interest liability; (5) creditor’s suit; (6) preliminary and permanent injunctive relief; (7) action against guarantor on guaranty; and (8) declaratory relief. The 1^st, 2^nd, 3^rd, and 6^th, and 8^th causes of action were against all Cross-Defendants. The 4^th, 5^th, and 7^th causes of action were against Koygani and Grigorian.

On April 18, 2022, the Court held a hearing regarding the status of representation of Secret Recipes, Inc. (“SRI”). The Court struck the SAC filed on November 28, 2016 as to SRI only, as well as all pleadings filed on behalf of SRI only. On May 4, 2022, the default of SRI was entered “per Court’s order dated April 18, 2022.”

On July 15, 2022, the Court granted Lopez and Rodriguez’s motion to dismiss this action based on the Five-Year Rule. The Court ordered Lopez, Rodriguez, and Loracast, Inc. in the SAC filed by Grigorian et al. on November 28, 2016 to be dismissed without prejudice. The Court noted that the Fifth[1] Amended Cross-Complaint (filed February 23, 2021) was still pending in the action.

On September 12, 2022, Defendants Lopez and Rodriguez moved for $172,932.50 in attorney’s fees pursuant to the Court’s July 15, 2022 order dismissing Plaintiffs SRI, Grigorian, and Koygani’s complaint. The Court granted the motion for attorney’s fees on December 9, 2022 in the total amount of $143,135.50.

The matter came for a non-jury trial on December 12, 2022. At the trial, Cross-Complainants Lopez and Rodriguez orally moved to dismiss the 1^st, 2^nd, 3^rd, 4^th, 5^th, 6^th, and 8^th causes of action with prejudice. (The Court notes that the minute order incorrectly notes that “Plaintiff” orally moved to dismiss these causes of action.) As such, the only remaining cause of action in Cross-Complainants’ TAXC was the 7^th cause of action.

On January 3, 2023, the Court entered the Judgment After Trial by Court. The Judgment stated in relevant part on page 4:

Defendants/Cross-Complainants Felix Lopez and Luis Rodrigues [sic] are entitled to judgment against Hovik Grigorian and Andreh Koygani and Secret Recipes jointly and severally in the amount of $211,703.40 on the seventh cause of action for enforcement of guaranty.

Per Court’s order dated December 9, [20]22, Defendants and Cross-Complainants were awarded $143,135.00 in Attorney’s fees incurred for defense of the complaint. Per the Court’s direction those amounts are included herein:

On January 3, 2024, Defendants/Cross-Complainants/Judgment Creditors Lopez and Rodriguez filed two motions to compel answers without objection to their post-judgment Special Interrogatories, set one (“SROG”) against Judgment Debtors: (1) Hovik Grigorian; and (2) Andreh Koygani.

On October 24, 2023, Lopez and Rodriguez served on Grigorian and Koygani the SROG requests, such that responses were due by November 23, 2023. As of the filing of the motions, Lopez and Rodriguez state that they have not received responses from Grigorian and Koygani.

Lopez and Rodriguez’s unopposed motions to compel responses to the SROGs are granted pursuant to CCP §§ 2030.290 and 2031.300. Grigorian and Koygani are ordered to provide verified responses to the discovery requests, without objections, within 20 days of notice of this order.

Lopez and Rodriguez request sanctions against Grigorian and Koygani in the amount of $3,836.65 for each motion. The requests are granted but in the reduced amount of $500 for each motion, plus $61.65 in filing fees for each motion. These are relatively simple motions to compel initial responses.

Defendants/Cross-Complainants/Judgment Creditors Defendants Lopez and Rodriguez motions to compel answers without objection to their post-judgment Special Interrogatories, set one against Judgment Debtors Hovik Grigorian and Andreh Koygani are granted. Judgment Debtors are ordered to provide verified responses to the discovery requests,without objections, within 20 days of notice of this order.
Judgment Debtors Hovik
Grigorian and Andreh Koygani are each ordered to pay monetary sanctions in the
amount of $561.65 to Judgment Creditors, by and through counsel, within 20 days
of notice of this order.

[1] Although the minute order states that the Fifth Amended Cross-Complaint is still pending, the cross-complaint filed by Lopez and Rodriguez on February 23, 2021 is titled “Third Amended Cross-Complaint.”

Superior Court of California

County of Los Angeles

Department B