Motion_for_summary_adjudicationMotionCal. Super. - 2nd Dist.August 13, 2019Electronically FILED by Superior Court of California, County of Los Angeles on 07/08/2020 12:33 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Soto,Deputy Clerk © 0 NN a nn BA W N = N N N N N N N NN N O N m m e m e m e m e m e m e m 0 NN A N Ln RA W N D = DO OO N N N R A W = Oo HowARD S FREDMAN (State Bar No. 046249) FREDMAN LIEBERMAN PEARL LLP 1875 Century Park East, Suite 2230 Los Angeles, CA 90067-2522 Tel: 310/226-6796; Fax: 310/226-6797 E-mail: hsflawyer@aol.com Attorney for Defendant Universe Holding Development Co., LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES UNIVERSE HOLDINGS DEVELOPMENT CO., LLC, a California Limited Liability Company Plaintiff VS. PWP OWNER LLC, a Delaware limited liability company, and DOES 1-10, inclusive. Defendants. Case No.: 19STCV28475 [Assigned for all purposes to Hon. Rafael A. Ongkeko, Dept. 73] NOTICE OF MOTION AND MOTION OF PLAINTIFF UNIVERSE HOLDINGS DEVELOPMENT CO., LLC FOR SUMMARY ADJUDICATION OF ITS CAUSE OF ACTION FOR NEGLIGENT MISREP- RESENTATION Date: September 25, 2020 Time: 8:30 a.m. Dept: 73 Action Filed: August 13,2019 Trial Date: October 26, 2020 TO EACH PARTY AND TO COUNSEL OF RECORD FOR EACH PARTY: YOU ARE HEREBY NOTIFIED THAT at 8:30 a.m., or as soon as the matter may be heard before the Hon. Rafael Ongkeko, on Friday, September 25, 2020, in Department 73, Room No. 733 of this Court located at 111 North Hill Street, Los Angeles, CA 90012, Plaintiff UNIVERSE HOLDINGS DEVELOPMENT CO., LLC, a California limited liability NOTICE OF MOTION & MOTION OF PLAINTIFF UNIVERSE FOR SUMMARY ADJUDICATION OF ITS CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION © 0 NN a nn BA W N = N N N N N N N NN N O N m m e m e m e m e m e m e m 0 NN A N Ln RA W N D = DO OO N N N R A W = Oo company (“Universe” or “Plaintiff”’) will, and hereby does, move the Court, pursuant to Code of Civil Procedure §437c(f)(1), for summary adjudication of its fourth cause of action for negligent misrepresentation in favor of Universe and against Defendant PWP OWNER LLC, a Delaware limited liability company (“PWP” or “Defendant”). This motion is made on the ground that there is no defense to this cause of action in that: (A) On or about October 12, 2018, in connection with a Purchase and Sale Agreement (“PSA”) respecting real property located at 2424 Wilshire Blvd., Los Angeles, California 90057 (the “Property”), PWP represented to Universe in writing, as a “material inducement to [Universe] to execute” the PSA and consummate the purchase, that it had not received any written notice from any governmental authority that the Property does not comply with any applicable ordinance or that any investigation had been commenced respecting any possible failure to comply with any applicable ordinance; (B) The representation was false and made by PWP without reasonable ground for believing it to be true, and with intent to induce Universe’s reliance on the representation; (C) Infact, on or about December 4, 2017, PWP had received an Order to Comply with Los Angeles Municipal Code §91.9500 ef seq., titled Mandatory Earthquake Hazard Reduction in Existing Non-Ductile Concrete Buildings (the “Retrofit Ordinance”). Receipt of the Order to Comply had been preceded by PWP’s receipt in March 2017 of a “courtesy notification” that the Property “may meet the criteria for mandatory compliance” with the Retrofit Ordinance. (D) Universe was ignorant of the truth and justifiably relied on the representation by, inter alia, depositing into escrow the sums of $300,000, $450,000, and $150,000, and subsequently releasing from escrow to PWP the sums of $375,000 and $150,000 in March and May 2019 in compliance with the PSA, as amended; (E) Universe was damaged in that, inter alia, it lost use of all sums deposited into escrow and lost entirely the sums released to PWP from escrow. Universe therefore seeks an order that the final judgment in this action shall, in 2 NOTICE OF MOTION & MOTION OF PLAINTIFF UNIVERSE FOR SUMMARY ADJUDICATION OF ITS CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION o e N N B W N D — N N 0 N o N R MN ) = k e e m mi e m e m es e m me s 0 NN N n A W N = O W N N A W O N ~~ addition to any matters determined at trial, award judgment as established by such adjudication. This motion will be based on this notice, the attached memorandum in support, the separate statement of undisputed material facts, the Declaration of Henry Manoucheri and Howard S Fredman filed with this motion, the files and records in this action, and any further evidence or argument that the Court may properly receive at or before the hearing. On June 16, 2020, when I commenced work on this Motion, I attempted to schedule the hearing of this Motion on the Court’s CRS System. Unable to schedule it myself, I contacted (as instructed on the system) Michael Hansen, Public Support Technologies, and was advised that the “COURT RESERVATION SYSTEM IS UNAVAILABLE UNTIL FURTHER NOTICE.” The communication I received from Mr. Hansen is attached to this Notice. Date: July 7, 2020 FREDMAN LIEBERMAN PEARL, LLP 2) R DoS Howard S Fredman Attorneys for Plaintuff, UNIVERSE HOLDING DEVELOPMENT CO., LLC 3 NOTICE OF MOTION & MOTION OF PLAINTIFF UNIVERSE FOR SUMMARY ADJUDICATION OF ITS CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION Howard Fredman From: Michael Hansen Sent: Tuesday, June 16, 2020 5:08 PM To: Howard Fredman Subject: RE: Scheduling MS) in Dept 73 Good Afternoon, Notice on COVID-19: THE COURT RESERVATION SYSTEM IS UNAVAILABLE UNTIL FURTHER NOTICE: During the COVID-19 pandemic and the period of time during which the court's operations are limited pursuant to the Presiding Judge's General Orders, parties will be unable to reserve hearing dates online. Civil courtrooms will vacate and continue hearing and trial dates and parties and litigants will receive notice in the mail of new dates and trial setting conferences. In the meantime, litigants may continue to electronically file documents without a CRS hearing date until further notice. For more information, please refer to the Court's Website, the General Orders issued by the Presiding Judge and Statewide Orders issued by the Chief Justice. http://www.lacourt.org/ Sincerely, Michael Hansen Public Support Consultant Journal Technologies Support (833) 402-9333 efile@journaitech.com mhansen@journaltech com From: Howard Fredman Sent: Tuesday, June 16, 2020 6:00 PM To: eFile Customer Support Cc: Alejandra Guillen {alejandraguillen9@gmail.com} Subject: Scheduling MS!) in Dept 73 | need assistance in scheduling an MSJ in Dept. 73. Notwithstanding COVID 19, the Court apparently is accepting on-line reservations, but I'm having difficulty with the CRS System. Is there someone | may speak to? Thank you in advance. Sincerely, Howard S Fredman, Esq. Fredman Lieberman Pearl, LLP 1875 Century Park East, Suite 2230 Los Angeles, CA 90067 310.226.6796 Fax: 310.226.6797 E-mail: hsflawyer@aol.com This message and any enclosed documents contain information from the law firm of Fredman Lieberman Pearl LLP that may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply email and then delete this message. © 0 NN a nn BA W N = N N N N N N N NN N O N m m e m e m e m e m e m e m 0 NN A N Ln RA W N D = DO OO N N N R A W = Oo PROOF OF SERVICE I am employed in the law office of FREDMAN | LIEBERMAN | PEARL LLP in the County of Los Angeles, State of California. I am over the age of 18, and am not a party to the within action; my business address is 1875 Century Park East, Suite 2230, Los Angeles, California 90067-2523. On July 7, 2020, I served the foregoing document described as: NOTICE OF MOTION AND MOTION OF PLAINTIFF UNIVERSE HOLDINGS DEVELOPMENT CO., LLC FOR SUMMARY ADJUDICATION OF CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION on the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: Allan B. Cooper Ellia M. Thompson Ervin Cohen & Jessup LLP 9401 Wilshire Boulevard Ninth Floor Beverly Hills, CA 90212 acooper@ecijlaw.com ethompson@ecijlaw.com [ 1 BY U.S. MAIL: I am “readily familiar” with the firm’s practice of collecting and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. [ X] BY PERSONAL SERVICE: I personally delivered the above-referenced document to counsel for defendants at the address shown above by delivery to the attorneys personally or leaving the documents with a receptionist or an individual in charge of the office. [ 1 BY FEDERAL EXPRESS as follows: I am readily familiar with the firm’s practice for collecting and processing correspondence for delivery with Federal Express. Under that practice, the correspondence is deposited with the Federal Express Office at 1925 Century Park East, Los Angeles, CA 90067 on the same day this declaration was executed and in the ordinary course of business, with cost of delivery fully prepaid. [X] BY ELECTRONIC MAIL (EMAIL) TRANSMISSION as follows: I caused the above- referenced document(s), in .pdf format, to be transmitted by email to its intended recipient(s) listed above. [X] I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this was executed on July 7, 2020 at Los Angeles, CA. /s/ Howard S Fredman Howard S Fredman 4 NOTICE OF MOTION & MOTION OF PLAINTIFF UNIVERSE FOR SUMMARY ADJUDICATION OF ITS CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION
