Brief_supplemental_brief_iso_motion_for_preliminary_injunction

Motion

Cal. Super. - 2nd Dist.October 21, 2016

Electronically FILE DJ 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 y Superior Court of California, County of Los Angeles on 04/16/2020 11:36 AM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Gomez,Deputy KESSELMAN BRANTLY STOCKINGER LLP S.V. STUART JOHNSON (SBN 192085) RYAN DAVIS (SBN 308557) 1230 Rosecrans Avenue, Suite 400 Manhattan Beach, CA 90266 Voice: (310) 307-4555 Fax: (310) 307-4570 Attorneys for Petitioners, HARRY ROUSSOS and CHRISTINE ROUSSOS SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES HARRY ROUSSOS and CHRISTINE ROUSSOS, Petitioners, VS. THEODOSIOS (TED) ROUSSOS, an individual; SOPHIA ROUSSOS, as Special Administrator of the Estate of PAULA ROUSSOS; S.M.B. INVESTOR ASSOCIATES, L.P.; SM.B. MANAGEMENT, INC.; O.F. ENTERPRISES LTD., L.P.; 2006 LIRO, INC. (formerly known as LIRO, INC.); VELNOR OVERSEAS LTD.; KELROAD INTERNATIONAL, INC.; FENBE LTD; and DAZUM LIMITED; Respondents. N r N r N e N e N e N e N e N e N e N e N e N e N e N e N e N e N e N N N e N N a N N N N N N Case No. BS165997 (Related to Case Nos. BS170767, BC715500, 18SMCV00278, 18STCV02109, 19STCV19139, and 19STCV25258) [Hon. Dennis J. Landin] PETITIONERS’ SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION Date: May 21, 2020 Time: 9:00 a.m. Dept.: 51 RES: 802294727372 [Amended [Proposed] Preliminary Injunction submitted concurrently herewith] Petition Filed: Trial Date: October 21, 2016 N/A [lerk PETITIONERS’ SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 SUPPLEMENTAL BRIEF On February 21, 2020, Petitioners Harry Roussos and Christine Roussos filed a Motion for Preliminary Injunction in which Petitioners requested this Court issue a preliminary injunction to enjoin Theodosios Roussos (“Ted”) from doing the following until the earlier of (a) the completion of the partition sale of the Properties,! and (b) the Court’s dismissal of this action: a. Entering the premises of any of the Properties; b. Residing in any of the Properties without the express written approval of this Court; and g. Causing any physical damage to the Properties. After Petitioners filed their Motion, Ted entered into a lease for Unit 14 at 39 Paloma Avenue — one of the Properties. Petitioners do not seek, through their Motion, to void Ted’s lease for Unit 14. However, Petitioners and the Entities need an Order to prevent Ted from breaking into yet another unit at the Paloma property (or any of the other Properties under the jurisdiction of this Court and subject to the Partition Referee’s oversight). Ted has done this twice before, at Paloma Units 7 and 14, which required the Partition Referee to file two unlawful detainer actions against Ted. 111 111 111 ! The “Properties” are: (1) 39 Paloma Avenue, Venice, CA 90291; (2) 2721 Abbot Kinney Boulevard, Venice, CA 90291; (3) 2209 Ocean Front Walk, Venice, CA 90291; and (4) 580 West E Street, Colton, CA 92324. 1 PETITIONERS’ SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 In light of the above, Petitioners hereby amend their request for relief and request the Court enjoin Ted from doing the following until the earlier of (a) the completion of the partition sale of the Properties, and (b) the Court’s dismissal of this action: a. Entering the premises of, or residing at, any of the following properties without the express written approval of this Court: 1. The real properties commonly referred to as 2209 Ocean Front Walk, Venice, CA, 2721 Abbot Kinney Boulevard, Venice, CA, and 580 West E. Street, Colton, CA; and 2. The real property commonly referred to as 39 Paloma Avenue, Venice, CA, except that Ted may enter and reside in Unit 14; and b. Causing any physical damage to the Properties. KESSELMAN BRANTLY STOCKINGER, LLP S. V. STUART JOHNSON RYAN DAVIS By: /s/ Ryan Davis Attorneys for Petitioners, HARRY ROUSSOS AND CHRISTINE ROUSSOS 2 PETITIONERS’ SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles by the law firm of Kesselman Brantly Stockinger LLP (“KBS”); I am over the age of eighteen years and not a party to above- captioned action; my business address is: 1230 Rosecrans Avenue, Suite 400, Manhattan Beach, California 90266. On April 16, 2020, I served the following document(s) described as: PETITIONERS’ SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION on the interested parties in this action to the addressee(s) as listed below: SEE ATTACHED SERVICE LIST [] BY MAIL 1 placed a true and correct copy of the above document(s) in a sealed envelope addressed to the addressee(s) above. I deposited such sealed envelope, with postage fully prepaid, for collection and mailing by the United States Postal Service following the ordinary business practices of KBS. I am readily familiar with KBS’s practice for collection and processing of correspondence for mailing, under which such correspondence is collected by, and deposited with, the United States Postal Service on the same day with postage thereon fully prepaid at Manhattan Beach, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. [ ] BY OVERNIGHT DELIVERY 1 placed a true and correct copy of the above document(s) in a sealed envelope addressed to the addressee(s) above. I caused such envelope to be delivered to the addressee(s) at the address(es) set forth above by overnight delivery. I am readily familiar with the firm’s practice for collection and processing of correspondence for overnight mail/Federal Express, under which such correspondence is deposited in a box or other facility regularly maintained by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for to the addressee(s) as listed above. IX] BY EMAIL Isent a true and correct copy of the above document(s) by electronic mail addresses to the addressee(s) above. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct and that this declaration was executed on April 16, 2020 at Manhattan Beach, California. /s/ Nicole M. Duarte 1 PROOF OF SERVICE 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 SERVICE LIST Melvin Teitelbaum, Esq. 7162 Beverly Blvd #123 Los Angeles, CA 90036 Tel: (213) 804-3001 melteite]lbaum @earthlink.net Attorneys for Respondent Theodosios (Ted) Roussos Jennifer L. meeker, Esq. Maya G. Hamouie, Esq. Nossaman LLP 777 South Figueroa ST., 34" FL Los Angeles, CA 90017 Tel: (213) 612-7800 Fascimile: (213) 612-7801 jmeeker @nossaman.com mhamouie @nossaman.com Attorneys for Respondent Theodosios (Ted) Roussos Sophia Roussos 1524 Burnside Avenue Los Angeles, CA 90019 sroussos @ gmail.com Respondent Marnin Weinreb, Esq. Weinreb Law Group 6300 Wilshire Blvd., Suite 700 Los Angeles, CA 90048 Tel: (323) 688-1886 Fax: (323) 843-2770 marnin @weinreblawgroup.com Attorneys for S.MB. Investor Associates, L.P.; SS\M.B. Management, Inc.; OF. Enterprises, L. P.; and 2006 Liro, Inc. Christos Patsalides, as Agent for Service of Process 31 Evagoras A venue, Evagoras Building Suites 41-43 1066 Nicosia Cyprus Tel: 357 22677677 Fax: 357 22674422 Christos.patsalides @patsalides.com.cy Dazum Limited and Fenbe Ltd., Kelroad International, Inc., and Velnor Overseas Ltd. 2 PROOF OF SERVICE