Judge: John J. Kralik, Case: EC068660, Date: 2023-10-06 Tentative Ruling

Case Number: EC068660    Hearing Date: December 1, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations of the 4AC

Plaintiff Arthur Ambarachyan (“Ambarachyan”) alleges that he is an investor who was defrauded by Defendants Sona Chukhyan (“Chukhyan”) and George Plavjian (“Plavjian”), as well as their co-conspirators KSR Realty, Inc. (“KSR”), Reta Narkaz, Ruzana Badeer (“Badeer”), Kiane Shabazian (“Shabazian”), and Mariam Kakoian (“Kakoian”).  Ambarachyan alleges that Kakoian was the owner of property located at 1737 Bel Aire Dr. in Glendale and that Chukhyan and Kakoian took out loans on the property to pay off other investors that Chukhyan scammed or defrauded.  In February 2015, Chukhyan and Kakoian approached Plaintiff for a loan in the amount of $355,000.00.  Plaintiff lent the money and Kakoian signed a promissory note agreeing to pay the money back with interest, and the note was secured by a deed of trust against the property.  However, the property was sold for $935,300.00 in 2017 and Plaintiff was not paid from the proceeds of the sale.

The fourth amended complaint (“4AC”), filed March 17, 2020, alleges causes of action for: (1) fraud and conspiracy against Kakoian; (2) negligent misrepresentation against Kakoian; (3) breach of contract against Kakoian; (4) equitable lien against Kakoian; (5) negligence against Lawyers Title; (6) equitable indemnity against Chukhyan, Plavjian, KSR, Badeer, Shabazian, and Narkaz; (7) comparative indemnity against Chukhyan, Plavjian, KSR, Badeer, Shabazian, and Narkaz; (8) declaratory relief against Chukhyan, Plavjian, KSR, Badeer, Shabazian, and Narkaz; and (9) declaratory relief against Petrosian, Baburyan, and Lawyers Title. 

In the 4AC, Ambarachyan notes that the Court previously sustained the demurrer without leave to amend as to the 1^st, 4^th, and 9^th causes of action.

B.     Allegations of Ms. Kakoian’s TAXC

On June 20, 2022, Kakoian filed a third amended cross-complaint (“TAXC”), alleging causes of action for: (1) fraud – misrepresentation against Chukhyan, Plavjian, KSR, Badeer, Shabazian, and Narkaz; (2) fraud – concealment against Ambarachyan, Narkaz, Escrow, and National Properties; (3) breach of contract against Agakhanyan and Penway; (4) intentional interference with contractual relations against Chukhyan, Ambarachyan, Narkaz, Escrow, KSR, Shabazian, Badeer, and Plavjian; (5) breach of fiduciary duty against Chukhyan, Ambarachyan, Narkaz, Nazarian, Escrow, KSR, Shabazian, Badeer, Plavjian, and National; (6) constructive fraud against Plavjian, Chukhyan, KSR, Badeer, Shabazian, Ambarachyan, Narkaz, Escrow, and National Properties; (7) breach of statutory duty (Bus. & Profs. Code, § 10177(h)) against Ambarahcyan and Narkaz; (8) conversion against Chukhyan, Plavjian, Badeer, Shabazian, and Ambarachyan; and (9) IIED against Chukhyan, Plavjian, Badeer, Shabazian, Ambarachyan, Narkaz, Nazarian, KSR, and Escrow.  

C.     Relevant Background

On May 11, 2023, the parties participated in a Mandatory Settlement Conference with the Court and were able to reach a settlement.   

On May 15, 2023, Ms. Kakoian dismissed the action with prejudice as to Cross-Defendants Ambarachyan, Escrow on Brand Inc., Sevak Agakhanyan, Arpi Nazarian, National Properties, Inc., and Penway LLC. 

On August 8, 2023, Ms. Kakoian filed an Acknowledgement of Satisfaction of Judgment stating that the judgment was fully satisfied by Ambarachyan (judgment debtor) to Ms. Kakoian (judgment creditor). 

D.    Motion on Calendar

On September 11, 2023, Defendant/Cross-Complainant Ms. Kakoian filed a motion to enforce the settlement pursuant to CCP § 664.6. 

On September 25, 2023, Defendant/Cross-Defendant Sona Chukhyan filed an opposition brief.

On September 25, 2023, Defendants/Cross-Defendants George Plavjian, Ruzana Badeer, and Kiane Shabazian filed a joinder to Chukhyan’s opposition brief. 

The matter was initially scheduled for hearing on October 6, 2023, but was continued based on the parties’ Stipulation to continue the hearing so that there would be time to pay off the $60,000 balance following a pending escrow transaction.  The Court continued the hearing to November 9, 2023. 

The matter came for hearing on November 9, 2023, and the parties stipulated to continue the hearing to December 1, 2023 so that escrow can be completed. 

DISCUSSION  

On November 15, 2023, Ms. Kakoian dismissed the action with prejudice as to her TAXC.  In light of the dismissal, it appears that the parties have resolved the issue of the outstanding settlement payments that was the subject of this motion. 

Accordingly, the motion to enforce the settlement is taken off-calendar as moot.

CONCLUSION AND ORDER

Defendant/Cross-Complainant Mariam Kakoian’s motion to enforce the settlement agreement and enter judgment is taken off-calendar as moot in light of Ms. Kakoian’s dismissal of the Third Amended Cross-Complaint entered on November 15, 2023. 

Defendant/Cross-Complainant shall provide notice of this order.   

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