Judge: Teresa A. Beaudet, Case: 22STCV18736, Date: 2024-11-18 Tentative Ruling

Case Number: 22STCV18736    Hearing Date: November 18, 2024    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

On June 8, 2022, Plaintiffs Eugene Chorny and Irina Ermakova (jointly, “Plaintiffs”) filed the instant action against Defendants Samuel Ohana, Tamim, LLC, The Barbara Willa Johanna Katt Living Trust (the “Trust”), and Marks and Associates, a California Accountancy Corporation.

On February 14, 2023, Plaintiffs filed the operative Second Amended Complaint, alleging causes of action for (1) breach of covenant of good faith and fair dealing, (2) fraud,

(3) cancellation of title, and (4) intentional interference with prospective economic advantage.

On October 5, 2023, the Court entered a Judgment of Dismissal in this action providing, inter alia, as follows:

“On April 12, 2023, the Demurrer by defendants The Barbara Willa Johanna

Katt Living Trust and Marks & Associates, An Accountancy Corporation (‘Defendants’) to the Second Amended Complaint filed by plaintiffs Eugene Chorny and Irina Ermakova (‘Plaintiffs’), came on for hearing in the above-entitled court before the Honorable Teresa A. Beaudet, Judge presiding. Having read the moving, opposition, and reply papers and after oral argument, the court sustained the demurrer as to all causes of action plead against Defendants in the Second Amended Complaint, without leave to amend.

THEREFORE,

IT IS ADJUDGED, ORDERED, AND DECREED that:

1. All causes of action against Defendants in Plaintiffs’ Second Amended Complaint are hereby dismissed with prejudice.

2. Defendants shall have and recover from Plaintiffs their statutory costs and attorneys’ fees pursuant to a timely filed Memorandum of Costs and a motion for attorneys’ fees.”  

            The Trust and Marks and Associates, An Accountancy Corporation (jointly, the “Trust Parties”) moved for an award of attorneys’ fees against Plaintiffs. The Trust Parties’ motion was unopposed. On August 5, 2024, the Court issued an Order on the motion providing, inter alia, that “The Trust Parties’ motion for attorneys’ fees will be continued to 10/14/24 @ 10 a.m. in Dept. 50 so the Trust Parties can address the issue raised by the Court as to nonsignatory parties.” (August 5, 2024 Order at p. 7:4-5.) On October 3, 2024, the Trust Parties filed a supplemental brief in support of the motion.

            On October 14, 2024, the Court issued an Order on the instant motion providing, inter alia, that “[i]n light of the foregoing, the Court does not find that the Trust has thus far demonstrated that it is entitled to attorney’s fees under the Lease. If the Trust can provide evidence linking ‘The Katt Family Trust C’ to the Trust, the Court is willing to provide a further opportunity to the Trust to do so.” (October 14, 2024 Order at p. 6:2-5.) The Court’s October 14, 2024 minute order provides, inter alia, that “[a]t the hearing Counsel for the Trust parties provided additional information that will connect the name of the lessor to the Trust. A new Declaration by Ms. Katt must be filed and served on or before October 24, 2024. This hearing is continued as follows: On the Court’s own motion, the Hearing on Motion for Attorney Fees scheduled for 10/14/2024, and Hearing on Motion for Attorney Fees scheduled for 10/14/2024 are continued to 11/18/24 at 02:00 PM in Department 50 at Stanley Mosk Courthouse.”

            The Court notes that the docket for this action does not show that any new declaration has since been filed.

            Conclusion

            In light of the foregoing, the Court denies the Trust Parties’ motion for attorney’s fees as to the Trust.[1]

The Trust Parties are ordered provide notice of this ruling.

DATED:  November 18, 2024                       ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court