Judge: Stephen P. Pfahler, Case: 20CHCP00146, Date: 2022-09-07 Tentative Ruling

Case Number: 20CHCP00146    Hearing Date: September 7, 2022    Dept: F49

Dept. F-49

Date: 9-7-22

Case #20CHCP00146 (lead case) r/t 20VECV01008

Trial Date: Not Set

ADMISSIONS

MOVING PARTY: Defendant, Lantz Nave[1]

RESPONDING PARTY: Unopposed/Plaintiff, Larion Krazyman, pro per[2]

RELIEF REQUESTED

Motion to Deem Request for Admissions (set one) Admitted

SUMMARY OF ACTION

Plaintiff Larion Krazyman alleges Defendants L&J Assets, LLC and Ron Hacker transferred assets to Defendant Bag Fund, LLC in order to evade payment on a $126,000 judgment in a prior action.

On June 18, 2020, Plaintiff in pro per filed a verified complaint for intentional fraudulent transfer under Code of Civil Procedure section 3439.04, and conspiracy to defraud creditors. On June 24, 2020, Plaintiff substituted in Defendants 1538 Cahuenga Partners, LLC and Benjamin Schneider for Doe 1 and 2. On June 26, 2020, Tanya Bogorad was substituted in for Doe 3.

The clerk entered defaults against Bag Fund, LLC on July 27, 2020, L&J Assets LLC on August 17, 2020, 1538 Cahuenga Partners, LLC and Benjamin Schneider on August 18, 2020, Brandie Frazier on October 6, 2020, and Sami Sabahi on October 6, 2020.

On October 19, 2020, Plaintiff dismissed 1538 Cahuenga Partners, LLC. On October 30, 2020, the court deemed 20CHCP00146, 20VECV01008, 20VECV01237 related, with the instant action deemed the lead case.

On November 6, 2020, Plaintiff filed a peremptory challenge to Department 47. The action was transferred to Department 49 on November 10, 2020.

On September 10, 2021, the court granted the unopposed motion to vacate the default against Bag Fund, LLC.

On February 8, 2022, Plaintiff dismissed Carlos Hernandez, Lana Smith, and Marcus McDonald. On February 10, 2022, Plaintiff substituted in Eugene Underhal, Hacker Douglas, Century West Financial Corporation, Century West Films and Distribution, Intellectual Capital Management, Bag O Burgers Restaurant Group, LLC, and Lincoln Funds International, Inc., for Does 10-16.

Defendants Bag Fund, LLC and Ron Hacker filed verified answers to the complaint on March 14, 2022.

On April 27, 2022, the court sustained the unopposed demurrer to the complaint filed by Tanya Bogorad. On May 2, 2022, Plaintiff dismissed Lincoln Funds International, Inc., Century West Financial Corporation, Hacker Douglas, Bag O Burgers Group, LLC, and Century West Films & Distribution. On 5-3-22, the court entered a dismissal against Sami Sabahi, as requested by Plaintiff. On May 26, 2022, Plaintiff filed a first amended complaint to set aside fraudulent transfer under Code of Civil Procedure section 3439.04, subdivision (a)(1-2), and conspiracy to defraud creditors.[3]

On August 9, 2022, the court sustained the demurrer to the first amended complaint with leave to amend on the lead case.

RULING: Granted.

Defendant Lantz Nave moves to deem request for admissions (set one) admitted. Defendant represents service of Plaintiff Larion Krazyman on April 20, 2022. [Declaration of Vincent Quigg, ¶ 2, Ex. 1.]

According to Defendant, at the time of the filing of the motion, no responses were received. [Id., ¶ 3.] The unopposed motion to deem admissions admitted against Plaintiff Larion Krazyman is granted. (Code Civ. Proc., § 2033.280, subd. (b).) Sanctions in the amount of $250 are imposed. (Code Civ. Proc., § 2033.280, subd. (c).) Payable within 30 days.

Case Management Conference and OSC re: Sanctions on calendar for October 13, 2022.

Moving party to give notice.

Dept.
F-49

Date:
9-7-22

Case
#20CHCP00146

Trial
Date: Not Set

DEMURRER

MOVING
PARTY: Defendant, Eugene Underhahl

RESPONDING
PARTY: Unopposed/Plaintiff, Larion Krazyman, pro per

RELIEF
REQUESTED

Demurrer
to the First Amended Complaint

·        
1^st
Cause of Action: Set Aside Fraudulent Transfer Under Code of Civil Procedure
section 3439.04, Subdivision (a)(1-2)

·        
2^nd
Cause of Action: Conspiracy to Defraud Creditors

SUMMARY
OF ACTION

Plaintiff
Larion Krazyman alleges Defendants L&J Assets, LLC and Ron Hacker
transferred assets to Defendant Bag Fund, LLC in order to evade payment on a
$126,000 judgment in a prior action.

On
June 18, 2020, Plaintiff in pro per filed a verified complaint for intentional
fraudulent transfer under Code of Civil Procedure section 3439.04, and
conspiracy to defraud creditors. On June 24, 2020, Plaintiff substituted in
Defendants 1538 Cahuenga Partners, LLC and Benjamin Schneider for Doe 1 and 2.
On June 26, 2020, Tanya Bogorad was substituted in for Doe 3.

The
clerk entered defaults against Bag Fund, LLC on July 27, 2020, L&J Assets
LLC on August 17, 2020, 1538 Cahuenga Partners, LLC and Benjamin Schneider on
August 18, 2020, Brandie Frazier on October 6, 2020, and Sami Sabahi on October
6, 2020.

On
October 19, 2020, Plaintiff dismissed 1538 Cahuenga Partners, LLC. On October
30, 2020, the court deemed 20CHCP00146, 20VECV01008, 20VECV01237 related, with
the instant action deemed the lead case.

On
November 6, 2020, Plaintiff filed a peremptory challenge to Department 47. The
action was transferred to Department 49 on November 10, 2020.

On
September 10, 2021, the court granted the unopposed motion to vacate the
default against Bag Fund, LLC.

On
February 8, 2022, Plaintiff dismissed Carlos Hernandez, Lana Smith, and Marcus
McDonald. On February 10, 2022, Plaintiff substituted in Eugene Underhal,
Hacker Douglas, Century West Financial Corporation, Century West Films and
Distribution, Intellectual Capital Management, Bag O Burgers Restaurant Group,
LLC, and Lincoln Funds International, Inc., for Does 10-16.

Defendants
Bag Fund, LLC and Ron Hacker filed verified answers to the complaint on March
14, 2022.

On
April 27, 2022, the court sustained the unopposed demurrer to the complaint
filed by Tanya Bogorad. On May 2, 2022, Plaintiff dismissed Lincoln Funds
International, Inc., Century West Financial Corporation, Hacker Douglas, Bag O
Burgers Group, LLC, and Century West Films & Distribution. On 5-3-22, the
court entered a dismissal against Sami Sabahi, as requested by Plaintiff. On
May 26, 2022, Plaintiff filed a first amended complaint to set aside fraudulent
transfer under Code of Civil Procedure section 3439.04, subdivision (a)(1-2),
and conspiracy to defraud creditors.[1] On August 9, 2022, the
court sustained the unopposed demurrer of Tanya Bogorad with 20 days leave to
amend.

RULING: Moot/Off-Calendar

Request
for Judicial Notice: Granted.

Defendant
Eugene Underhahl submits the subject demurrer to the first amended complaint on
grounds that Defendant was neither an identified debtor in the underlying
judgment or a transferee. Defendant also contends that without the underlying
first cause of action, the conspiracy claim also fails.

On
August 9, 2022, the court sustained the unopposed demurrer of Tanya Bogorad
with 20 days leave to amend. The demurrer is therefore moot and taken
off-calendar.

Moving
party to give notice.