Brief_plaintiffs_mandatory_settlement_conference_statement

Brief

Cal. Super. - 2nd Dist.April 3, 2018

Electronically FILED{ by Superior Court of California, County of Los Angeles on 07/27/2020 01:07 PM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Inloes,Deputy Clerk f t Robert S. Altagen, Esq. (SBN: 056444) Michael J Allison, Esq. - of counsel (SBN: 155211) LAW OFFICE OF ROBERT S. ALTAGEN A Professional Corporation 1111 Corporate Center Drive, Suite 201 Monterey Park, California 91754 Tel: (323) 268-9588 Fax: (323) 268-8742 Attorneys for Plaintiff/Cross-Defendant Simon Sage SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT (VAN NUYS COURTHOUSE EAST - 6230 Sylmar Ave Van Nuys CA 91401) SIMON SAGE, ) CASE NO. LC107062 Plaintiff, : PLAINTIFE’S MSC STATEMENT oO «o J YY Un Rk W N —_ = = Ww p = Oo VS. SARIT SWISSA; et al. Hon. Huey P. Cotton, Judge - Dept. NW-A Ft EA N ) ) ) ) Mandatory Settlement Conference: ) Date: August 5,2020 Defendants. ) Time: 9:00 a.m. ) ) ) ) ) J k Lh Dept: NW-B Neutral: Hon. Paul Bacigalupo, Judge — aN AND RELATED CROSS-ACTION(S) — t ~J Action filed: 04/03/2018 Trial date: not set p — pe d OO oo Plaintiffs Statement: Do o The parties, Simon Sage (plaintiff) and Sarit Swissa (defendant), formed Califa Development LLC to purchase, develop and sell a single residential real estate and construction N N N = project, at 13834 Califa St, Valley Glen CA 91401, which project started on January 8, 2016 with NY Ld the formation of the LLC. Each party contributed $105,000, which funds were used as a No a downpayment on the land, with the remainder of the acquisition and construction cost financed by No 93 lenders. Plaintiff, per agreement, provided construction services and was entitled to a $30,000 fee DD [= 2Y payable at $5,000 per month for five months capped. Defendant managed the books held the funds [\ ] ~J and paid the bills. The property was acquired, constructed, and sold. The proceeds, in an amount No oc $379,232.09 are being held since October 19, 2018, pursuant to stipulation, by Flagship Escrow 1 PLAINTIFF’S MSC STATEMENT 0 9 AN Wn Bs W N Oo 10 11 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 27 28 and Settlement Services 16101 Ventura Blvd Ste 324 Encino CA 91436 - phone (818) 990-3565 - under escrow file number FE2090, pending resolution of this dispute. Defendant has not been forthcoming with the company’s bookkeeping records, and she paid personal expenses out of the company funds. Defendant claims, which claim is disputed by plaintiff, that the parties agreed she could take the money to pay her personal expenses as a loan (advance) from the company. Also, of the $30,000 managment fee plaintiff was promised, he only received $10,000. Plaintiff claims a right to accounting and distribution, plus $10,000 owed to him remaining from the $30,000 agreed-up fee. Respectfully submitted: Dated: July 27, 2020 Robert S. Altagen, a Prgfessional Corporation BONE wcsvocovsrsdysiotosscodlfccosaaiggsssitocssssn estes Sh a RA SETHE Robert S. Altagen,)Esq. Attorneyq for Simon Sage 2 PLAINTIFF’S MSC STATEMENT OO 0 N N Wn BR W N e a N N R N N N N N N e m e m e t e d pe e m p d p d em PROOF OF SERVICE () BYMAIL (X) BY ELECTRONIC SERVICE () BY MESSENGER () BY HAND DELIVERY () BY FACSIMILE TRANSMISSION () BY SPECIAL DELIVERY/FEDERAL EXPRESS/EXPRESS MAIL I am a resident of Los Angeles County, California. I am over the age of 18 and not a party to the within action. My business is 1111 Corporate Center Drive, Suite 201, Monterey Park, California. My electronic service address is: robertaltagen@altagenlaw.com On July 27, 2020, I served the foregoing document(s) described as: PLAINTIFF’S MSC STATEMENT on all interested parties by electronic notification to counsel during regular business hours in compliance with Code of Civil Procedure Section 1010.6 as follows and via email and via mail as follows: Electronic service address of persons served: EAMON JAFARI jafari@barringtonlegal.com BARRINGTON LEGAL INC 11601 WILSHIRE BLVD 5TH FL LOS ANGELES CA 90025 BY EMAIL [CRC 2.251; CCP 1010.6(a)(2)]: I served each document electronically by e-mailing it to each person indicated on the service list at the e-mail address indicated for that person. XXX (State) I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on July 27, 2020 at Monterey Park, California. I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on July 27, 2020 at Monterey Park, California. M. JACQUELINE TORRES, Declarant 3 PLAINTIFF’S MSC STATEMENT