On February 26, 2019 a
Order
was filed
involving a dispute between
Formosa Fabric Inc.,
Lavi Omid,
Lavitex Inc.,
and
Arte Milano Textile Inc.,
Lavi Omid,
Lavitex Inc.,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 37
19STCV06666 July 10, 2019
FORMOSA FABRIC INC., A CALIFORNIA CORPORATION 8:30 AM
vs OMID LAVI, et al.
Judge: Honorable Richard J. Burdge Jr. CSR: None
Judicial Assistant: L. Garcia ERM: None
Courtroom Assistant: E. Avena Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Sharon Choi for Nico Tabibi
For Defendant(s): Robert Ezra
NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike
The court's tentative ruling is posted online for parties to review.
The matter is called for hearing and argued. After argument, the Court's tentative ruling is
adopted as the final order of the Court as follows:
Defendant’s demurrers are OVERRULED. Defendant has twenty days to answer. Plaintiff’s
counsel to give notice.
Background
This breach of contract action arises out of a series of transactions conducted by Plaintiff and
Defendants relating to the sale of fabric goods. Plaintiff alleges that it delivered fabric goods to
Defendants as indicated on multiple separate invoices. After crediting Defendants’ account for
all payment/credits for the fabric goods, a principal balance of $2,812,413.20 is still due and
owing by Defendants.
On February 26, 2019, Plaintiff filed the Complaint in this action against Lavitex, Inc.
(“Lavitex”), Omid Lavi (“Omid”), Arte Milano Textile, Inc. (“Arte”) and Does 1-50. The
Complaint alleges the following seven causes of action against defendants Lavitex, Omid, and
does 1-50: (1) Breach of Contracts; (2) Open Account; (3) Account Stated; (4) Goods Sold and
Delivered; (5) Conversion; (6) Claim and Delivery and (7) Bad Checks (Civil Code § 1719.).
The Complaint also alleges the following three causes of actions against all defendants: (1)
Fraudulent Transfers/Conveyances/Conspiracy to Defraud, and To Set Aside or Annul
Fraudulent Transfers/Conveyances; (2) Fraudulent Transfers/Conveyances, and To Set Aside or
Annul Fraudulent Transfers/Conveyances; and (3) Unjust Enrichment – Constructive Trust.
Minute Order Page 1 of 6
Document Filed Date
July 10, 2019
Case Filing Date
February 26, 2019
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 05/06/2021
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 37 19STCV06666 July 10, 2019 FORMOSA FABRIC INC., A CALIFORNIA CORPORATION 8:30 AM vs OMID LAVI, et al. Judge: Honorable Richard J. Burdge Jr. CSR: None Judicial Assistant: L. Garcia ERM: None Courtroom Assistant: E. Avena Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Sharon Choi for Nico Tabibi For Defendant(s): Robert Ezra NATURE OF PROCEEDINGS: Hearing on Demurrer - without Motion to Strike The court's tentative ruling is posted online for parties to review. The matter is called for hearing and argued. After argument, the Court's tentative ruling is adopted as the final order of the Court as follows: Defendant’s demurrers are OVERRULED. Defendant has twenty days to answer. Plaintiff’s counsel to give notice. Background This breach of contract action arises out of a series of transactions conducted by Plaintiff and Defendants relating to the sale of fabric goods. Plaintiff alleges that it delivered fabric goods to Defendants as indicated on multiple separate invoices. After crediting Defendants’ account for all payment/credits for the fabric goods, a principal balance of $2,812,413.20 is still due and owing by Defendants. On February 26, 2019, Plaintiff filed the Complaint in this action against Lavitex, Inc. (“Lavitex”), Omid Lavi (“Omid”), Arte Milano Textile, Inc. (“Arte”) and Does 1-50. The Complaint alleges the following seven causes of action against defendants Lavitex, Omid, and does 1-50: (1) Breach of Contracts; (2) Open Account; (3) Account Stated; (4) Goods Sold and Delivered; (5) Conversion; (6) Claim and Delivery and (7) Bad Checks (Civil Code § 1719.). The Complaint also alleges the following three causes of actions against all defendants: (1) Fraudulent Transfers/Conveyances/Conspiracy to Defraud, and To Set Aside or Annul Fraudulent Transfers/Conveyances; (2) Fraudulent Transfers/Conveyances, and To Set Aside or Annul Fraudulent Transfers/Conveyances; and (3) Unjust Enrichment – Constructive Trust. Minute Order Page 1 of 6