Order On Defendants Ddr Capital Management LLC Bachar Investments LLC And 12515 Sherman Ways Demurrer To First Amended ComplaintDemurrerCal. Super. - 2nd Dist.May 30, 2019El ec tr on ic al ly R e c e i v e d 0 4 / 0 6 / 2 0 2 0 09 :4 5 AM No rt h Ho ll yw oo d, Ca li fo rn ia 91 60 6 (8 18 ) 6 6 1 - 2 4 2 0 D A V I D O V I C H S T E I N L A W G R O U P L L P 64 42 Co ld wa te r C a n y o n Av en ue , Su it e 20 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NIV V. DAVIDOVICH, ESQ. (State Bar No. 247328) CHARLIE Z. STEIN, ESQ. (State Bar No. 265361) STEPHANIE F. DRELL, ESQ. (State Bar No. 302586) DAVIDOVICH STEIN LAW GROUP LLP 6442 Coldwater Canyon Avenue, Suite 209 North Hollywood, California 91606 Telephone: (818) 661-2420 Facsimile: (818) 301-5131 E-Mail: Niv@DavidovichLaw.com Charlie@DavidovichLaw.com Stephanie@DavidovichLaw.com Attorneys for Defendants D.D.R. CAPITAL MANAGEMENT LLC, BACHAR INVESTMENTS, LLC and 12515 SHERMAN WAY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES -- NORTH CENTRAL DISTRICT BURBANK COURTHOUSE LAMED ENTERPRISES, a California general partnership, Plaintiff, Vv. MARBLE BROS., a California corporation; F/K/A/ FEDERAL MARBLE, INC.; 12525 SHERMAN WAY, L.P., California limited liability partnership; JULIETTE BOUZAGLOU, an individual and as CO- TRUSTEE; REBECCA ALLEN, an individual and as CO-TRUSTEE; MONIQUE SHABTIA, an individual and as CO-TRUSTEE; D.D.R. CAPITAL MANAGEMENT LLC, a California limited liability company; BACHAR INVESTMENTS, LLC, a California limited liability company; 12515 SHERMAN WAY; and DOES 1-100, inclusive, Defendants. CASE NUMBER 19-BB-CV-00477 [RESERVATION ID NO. 212 952 536 547] [PROPOSED] ORDER ON DEFENDANTS D.D.R. CAPITAL MANAGEMENT LLC, BACHAR INVESTMENTS, LLC, AND 12515 SHERMAN WAY’S DEMURRER TO FIRST AMENDED COMPLAINT [Demurrer and Motion to Strike Portions of the First Amended Complaint filed Concurrently Herewith] DATE: May 22, 2020 TIME: 8:30 a.m. DEPT: “B” Action Filed: May 30, 2019 [Assigned to the Honorable John J. Kralik - Department “B”’] Lamed Enterprises. v. Marble Bros., etc. et al. LASC -North Central District - Case Number 19-BB-CV-00477 [PROPOSED] ORDER ON DEMURRER TO FIRST AMENDED COMPLAINT D A V I D O V I C H S T E I N L A W G R O U P LL P 6 4 4 2 C o l d w a t e r C a n y o n A v e n u e , Su it e 2 0 9 No rt h Ho ll yw oo d, Ca li fo rn ia 91 60 6 (8 18 ) 6 6 1 - 2 4 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD: PLEASE TAKE NOTICE that this matter came on regularly for hearing on May 22, 2020, at 8:30 a.m. in Department “B” of the above-entitled Court located at the Burbank Courthouse located at 300 East Olive Avenue - Burbank, California 91502, the Honorable John J. Kralik, Judge presiding. Defendants D.D.R. CAPITAL MANAGEMENT, LLC (“D.D.R.”), BACHAR INVESTMENTS, LLC (“Bachar”) and 12515 SHERMAN WAY (“Sherman Way”) (collectively, “Defendants”) appeared telephonically by and through their counsel of record Stephanie F. Drell. Plaintiff LAMED ENTERPRISES’, a California corporation (“Plaintiff”) appeared telephonically by and through their counsel of record Philip A. Metson. Upon reading the moving papers, opposition and reply filed in this matter, and oral argument of the parties, and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that: I. Defendants Demurrer to the First Amended Complaint is hereby granted in its entirety without leave to amend. 2. Defendants to give notice. DATED: May __ , 2020 HONORABLE JOHN J. KRALIK JUDGE OF THE SUPERIOR COURT -1- [PROPOSED] ORDER ON DEMURRER TO FIRST AMENDED COMPLAINT Lamed Enterprises v. Marble Bros., etc., et al. LASC -North Central District - Case Number 19-BB-CV-00477 D A V I D O V I C H S T E I N L A W G R O U P LL P 6 4 4 2 C o l d w a t e r C a n y o n A v e n u e , Su it e 2 0 9 No rt h Ho ll yw oo d, Ca li fo rn ia 91 60 6 (8 18 ) 6 6 1 - 2 4 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE - 1013A(3], 2015.5 C.C.P. Lamed Enterprises v. Marble Bros., etc. et al. Los Angeles County Superior Court - North Central District - Burbank Courthouse - Case No. 19-BB-CV-00477 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) and not a party to the within action; my business address is 6442 Coldwater Canyon Avenue, Suite 209 - North Hollywood, California 91606. On April 3, 2020, I served, in the manner indicated below, the foregoing document described as [PROPOSED] ORDER ON DEFENDANTS D.D.R. CAPITAL MANAGEMENT LLC, BACHAR INVESTMENTS, LLC AND 12515 SHERMAN WAY’S DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT on the interested parties in this action as follows: PLEASE SEE ATTACHED SERVICE LIST [J | VIA PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above address(es) listed on this page or the attached service list. VIA UNITED STATES POSTAL SERVICE: By placing a copy thereof for delivery in a separate envelope addressed to each addressee, respectively as follows: VIA FIRST-CLASS MAIL (Code of Civil Procedure §§ 1013 and 1013(a)) [] VIA EXPRESS MAIL OR OTHER OVERNIGHT DELIVERY SERVICE (Code of Civil Procedure §§ 1013(c) and (d)) [] VIA CERTIFIED MAIL (Code of Civil Procedure §§ 1013 and 1013(a)) [J | VIA FACSIMILE TRANSMISSION: (Code of Civil Procedure §§ 1013(e) and (f)): from facsimile number: 818.301.5131 to the facsimile number(s) listed on the attached service list. The facsimile machine I used complied with California Rules of Court, Rule 2.306 and no error was reported by the machine. [1 | COURTESY COPY VIA ELECTRONIC MAIL: I caused the Document(s) to be sent to the person(s) at the e-mail address(es) listed on the attached service list. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. My electronic service address is: Casandra@DavidovichLaw.com. 9s [PROPOSED] ORDER ON DEMURRER TO FIRST AMENDED COMPLAINT Lamed Enterprises v. Marble Bros., etc., et al. LASC -North Central District - Case Number 19-BB-CV-00477 D A V I D O V I C H S T E I N L A W G R O U P LL P 6 4 4 2 C o l d w a t e r C a n y o n A v e n u e , Su it e 2 0 9 No rt h Ho ll yw oo d, Ca li fo rn ia 91 60 6 (8 18 ) 6 6 1 - 2 4 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VIA ELECTRONIC TRANSMISSION: Complying with an agreement with all parties, I caused the Document(s) to be sent to the person(s) at the e-mail address(es) listed on the attached service list. I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. My electronic service address is: Casandra@DavidovichLaw.com. A copy of the sent e-mail will be maintained with the original document(s) in our office. (Code of Civil Procedure § 1010.6 and California Rules of Court, Rule 2.251.) VIA ELECTRONIC FILING SERVICE: Complying with Code of Civil Procedure § 1010.6, my electronic business address is: Casandra@DavidovichLaw.com and I caused such document(s) to be electronically served through the Janney & Janney system for the above-entitled case to those parties on the attached Service List maintained on its website for this case. The file transmission was reported as complete and a copy of the Filing/Service Receipt will be maintained with the original document(s) in our office. VIA SHAREFILE: Complying with Code of Civil Procedure § 1010.6(a)(1)(c), I caused an electronic notice to be sent to the person(s) at the e-mail address(es) listed on the attached Service List. This notice contained a secure link that permits the person(s) individual access to download the above-listed document(s). Notification is provided via counsel’s secure ShareFile system’s administrative e-mail account, . A copy of the sent e-mail will be maintained with the document(s) in our office. (Code of Civil Procedure § 1010.6 and California Rules of Court, Rule 2.251.) I did not receive, within a reasonable time after transmission, any electronic message or other indication that the transmission was unsuccessful. This link will expire after 60 days and access will no longer be permitted to the document(s). Pursuant to Code of Civil Procedure § 1010.6(a)(2), the party(ies) have agreed to receive electronic service via this method. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on April 3, 2020 in North Hollywood, California. /) CASANDRA J. BROOME 3 Lamed Enterprises v. Marble Bros., etc., et al. [PROPOSED] ORDER ON DEMURRER TO LASC -North Central District - Case Number 19-BB-CV-00477 FIRST AMENDED COMPLAINT D A V I D O V I C H S T E I N L A W G R O U P LL P 6 4 4 2 C o l d w a t e r C a n y o n A v e n u e , Su it e 2 0 9 No rt h Ho ll yw oo d, Ca li fo rn ia 91 60 6 (8 18 ) 6 6 1 - 2 4 2 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE - SERVICE LIST Lamed Enterprises v. Marble Bros., etc. et al. Los Angeles County Superior Court - North Central District - Burbank Courthouse - Case No. 19-BB-CV-00477 Philip A. Metson, Esq. 1875 Century Park East, Suite 2200 Los Angeles, California 90067 Telephone: (310) 551-0296 Facsimile: (310) 551-0837 E-Mail(s) albap5S@aol.com 4- Attorneys for Plaintiff LAMED ENTERPRISES Lamed Enterprises v. Marble Bros., etc., et al. LASC -North Central District - Case Number 19-BB-CV-00477 [PROPOSED] ORDER ON DEMURRER TO FIRST AMENDED COMPLAINT
