Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 02/14/2023 09:59 AM David W. Slayton, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk
1 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
2 CHARLES D. JARRELL (BAR NO. 172108)
STACEY A. VILLAGOMEZ (BAR NO. 317081)
3 865 South Figueroa Street, Suite 2800
Los Angeles, California 90017-2543
4 Phone: (213) 622-5555
Fax: (213) 620-8816
5 E-Mail: cjarrell@allenmatkins.com
svillagomez@allenmatkins.com
6
Attorneys for Plaintiffs
7 HASSAN HASHEMIAN, as Trustee of the Hashemian
Revocable Family Trust dated September 21, 1989;
8 MEHDI HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust dated May 11,
9 2015; GITA HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust dated May 11,
10 2015, MERSEDEH HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust dated May 11,
11 2015
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF LOS ANGELES
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15 HASSAN HASHEMIAN, as Trustee of the Case No. BC695297
Hashemian Revocable Family Trust dated (Related Cases: BC693651, BC695301)
16 September 21, 1989; MEHDI
HASHEMIAN, as Co-Trustee of the ASSIGNED FOR ALL PURPOSES TO
17 Hashemian Children Irrevocable Trust dated Judge Robert S. Draper
May 11, 2015; GITA HASHEMIAN, as Co- Dept: 78
18 Trustee of the Hashemian Children
Irrevocable Trust dated May 11, 2015; PLAINTIFFS' NOTICE AND EX PARTE
19 MERSEDEH HASHEMIAN, as Co-Trustee APPLICATION TO SET TRIAL DATE
of the Hashemian Children Irrevocable PURSUANT TO FIVE-YEAR STATUTE
20 Trust dated May 11, 2015; FORTUNE (C.C.P. § 583.310)
COMPANY, LLC, a California limited
21 liability company; an individual; DAVID Date: February 15, 2023
YOUNESI, an individual, Time: 8:30 a.m.
22 Dept: 78
Plaintiffs,
23 Action Filed: February 22, 2018
v. Trial Date: None set
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FRANK RAHBAN, an individual;
25 VENTURA INVESTMENT COMPANY,
LLC, a California limited liability company,
26 and DOES 1 through 50, inclusive,
27 Defendants.
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4892-3376-
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
5456.1/LA PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 TO ALL PARTIES OF RECORD AND TO THE ABOVE-ENTITLED COURT:
2 PLEASE TAKE NOTICE that on February 15, 2023 at 8:30 a.m., in Department
3 72 of the above-entitled Court, located at Los Angeles County Superior Court, Stanley
4 Mosk Courthouse, 111 N. Hill St, Los Angeles, CA 90012, Plaintiffs Hassan Hashemian,
5 Mehdi Hashemian, Gita Hashemian, and Mersedeh Hashemian (together “Plaintiffs”) will
6 and hereby do move this Court, on an ex parte basis, for an order setting a trial date.
7 Pursuant to the five-year rule set forth in Code of Civil Procedure section 583.310 and
8 Judicial Council Emergency Rule 10(a), this action must be brought to trial by August 22,
9 2023 or a mandatory dismissal will be entered. At present, there is no trial date on
10 calendar, and Plaintiffs will be prejudiced if a trial date is not set immediately. This
11 Application is made pursuant to California Rules of Court, Rules 3.1200 et seq. and upon
12 an affirmative showing of good cause based on the rapidly approaching deadline to bring
13 the matter to trial, the fact that the trial date has been vacated for months, and the
14 likelihood that the matter will not settle prior to trial.
15 This Application is based on this Notice, the accompanying memorandum of points
16 and authorities, the Declaration of Stacey A. Villagomez, the pleadings in this action, and
17 any arguments or evidence that may be presented to the Court at or before the hearing.
18 Counsel for the parties in this action are:
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Charles D. Jarrell, Esq. Attorneys for Plaintiffs Hassan Hashemian,
20 Stacey A. Villagomez, E Mehdi Hashemian, Gita Hashemian, and
Allen Matkins Leck Gamble Mallory & Mersedeh Hashemian
21 Natsis LLP
865 South Figueroa Street, Suite 2800 Tel: (213) 622-5555 / Fax: (213) 620-8816
22 Los Angeles, California 90017-2543 E-Mail: cjarrell@allenmatkins.com
svillagomez@allenmatkins.com
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24 Robert W. Barnes, Esq. Attorneys for Defendant/Respondent
Sandra Khalili, Esq. Frank Rahban
25 Resch Polster & Berger LLPth
1840 Century Park East, 17 Floor Tel: (310) 277-8300 / Fax: (310) 552-3209
26 Los Angeles, CA 90067 E-Mail: rbarnes@rpblaw.com
skhalili@rpblaw.com
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LAW OFFICES
Allen Matkins Leck Gamble -2-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1
Adam D.H. Grant, Esq. Attorneys for Plaintiff
2 GRANT | SHENON Fortune Company, LLC and Saeed Younesi
15165 Ventura Boulevard, Suite 200 Tel: (818) 881-5000 / Fax: (818) 881-1150
3 Sherman Oaks, CA 91403 E-Mail: agrant@grantshenon.com
4
Richard S. Conn Attorneys for Defendant/Respondent
5 Musick Peeler LLP Ventura Investment Company, LLC
624 S. Grand Ave.
6 Suite 2000 Tel: (213) 629-7812 / Fax: (213) 624-1376
Los Angeles, CA 90017 E-mail: rconn@musickpeeler.com
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Notice of this Application was provided to counsel for all parties on
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February 14, 2023 at approximately 9:00 a.m. (Declaration of Stacey A. Villagomez, ¶ 4,
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Ex. 2.) Counsel did not indicate whether they intended to oppose Plaintiffs’ ex parte
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application prior to filing these papers. (Ibid.)
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Dated: February 14, 2023 ALLEN MATKINS LECK GAMBLE
14 MALLORY & NATSIS LLP
CHARLES D. JARRELL
15 STACEY A. VILLAGOMEZ
16
By: /s/ Stacey A. Villagomez
17 STACEY A. VILLAGOMEZ
18 Attorneys for Plaintiffs
HASSAN HASHEMIAN, as Trustee of
19 the Hashemian Revocable Family Trust
dated September 21, 1989; MEHDI
20 HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust
21 dated May 11, 2015; GITA
HASHEMIAN, as Co-Trustee of the
22 Hashemian Children Irrevocable Trust
dated May 11, 2015, MERSEDEH
23 HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust
24 dated May 11, 2015
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LAW OFFICES
Allen Matkins Leck Gamble -3-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I. INTRODUCTION.
3 The deadline to bring this matter to trial lapses in just over six months, yet the trial
4 date has been vacated pending Mandatory Settlement Conferences that have not resulted in
5 any settlement agreement between the parties. Plaintiffs Hassan Hashemian, Mehdi
6 Hashemian, Gita Hashemian, and Mersedeh Hashemian (together, “Plaintiffs”) apply ex
7 parte for the immediate setting of an trial date in this action at the earliest available
8 opportunity, and before August 22, 2023.
9 In accordance with Code of Civil Procedure section 583.310 and Judicial Council
10 Emergency Rule 10(a), this action must be brought to trial by August 22, 2023. If not,
11 Plaintiffs will be prejudiced by the entry of a mandatory dismissal. The Court is familiar
12 with the facts of this case. There is no dispute that Defendant Frank Rahban (“Rahban”)
13 stole millions of dollars from Plaintiffs and other members of Ventura Investment
14 Company, LLC (the “Company”). Rahban signed a note confessing to the theft long ago,
15 and then after his attorneys tried to suggest that the confession was not sincere, Rahban
16 readily admitted to the theft in his deposition. Despite this admission, Rahban has refused
17 to pay back the money he stole. The trial of this case will therefore solely involve a
18 determination of how much Rahban owes the Plaintiffs, and whether he should be held
19 liable for punitive damages for his intentional and deceitful theft, which he undertook
20 while serving as a fiduciary to the Plaintiffs. There is no reason to deny Plaintiffs the trial
21 date to which they are entitled, and that they have been awaiting for five years this week.
22 Last week, Plaintiffs invited all parties to stipulate to the setting of the trial date to
23 obviate this application. The parties did not reach a stipulation because their agreement
24 appeared conditioned on selecting a mutually agreeable trial date. In fact, Rahban’s
25 counsel did not even affirmatively state that she was agreeable to a stipulation. The delay
26 plaguing this case must be brought to an end. Good cause exists to enter the trial date on an
27 ex parte basis based on the rapidly approaching deadline to bring the matter to trial, the
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4892-3376-
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
5456.1/LA PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 fact that the trial date has been vacated for months, and the likelihood that the matter will
2 not settle prior to trial.
3 II. STATEMENT OF RELEVANT FACTS.
4 A. History of Trial Continuances
5 Plaintiffs filed the Complaint in this action on February 22, 2018. (Declaration of
6 Stacey A. Villagomez [“Villagomez Decl.”], ¶ 2.) The trial date in this action has been
7 continued four times and has since been vacated. The matter was initially scheduled for
8 a seven-day jury trial on April 28, 2020. (Ibid.) On December 3, 2019, a party in a related
9 action moved for a continuance and the trial was continued to October 6, 2020. (Ibid.) On
10 the Court’s own motion, the trial was continued to August 17, 2021. (Ibid.) At a later
11 Status Conference, the trial date was further continued to August 30, 2022. (Ibid.)
12 Following a Mandatory Settlement Conference on December 13, 2022, the Court vacated
13 the trial date. (Ibid.) The matter remains ongoing without any trial date on calendar, and
14 despite Plaintiffs’ repeated requests that a trial date be set. (Ibid.)
15 B. Plaintiff’s Requested that The Parties Stipulate to a Trial Date But The
16 Parties Did Not Reach an Agreement
17 On February 10, 2023, Plaintiff’s counsel emailed counsel for all parties to inquire
18 whether they would stipulate to the setting of a trial date. (Villagomez Decl., ¶ 3.)
19 Plaintiff David Younesi’s and Fortune Company, LLC’s counsel, Adam Grant, agreed to
20 stipulate to a trial date, but required that the Parties agree to a trial date. (Ibid.) After
21 proposing dates in June and July as a courtesy, Mr. Grant stated he was unavailable during
22 these months. (Ibid.) Plaintiff’s counsel then proposed a trial date in May, and Rahban’s
23 counsel, Sandra Khalili, stated that she was not available in May without further
24 explanation. (Ibid.) Ms. Khalili never indicated whether she would stipulate to the setting
25 of a trial date. (Ibid.) Plaintiffs’ counsel clarified that they inquired as to availability as a
26 matter of courtesy, but reiterated that Plaintiffs were entitled to a trial date at the earliest
27 available opportunity. (Ibid.) The parties did not reach a stipulation. (Ibid.)
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LAW OFFICES
Allen Matkins Leck Gamble -2-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 III. GOOD CAUSE EXISTS TO SET THE TRIAL DATE BECAUSE THE
2 ACTION WILL BE MANDATORILY DISMISSED IF IT IS NOT
3 BROUGHT TO TRIAL BY AUGUST 22, 2023.
4 Pursuant to California Code of Civil Procedure section 583.310, “[a]n action shall
5 be brought to trial within five years after the action is commenced against the defendant.”
6 In the event this is not accomplished, then there is a mandatory dismissal for delay in
7 bringing the action to trial upon a motion of any party or on the Court’s own motion.
8 (Code Civ. Proc., §§ 583.310, 583.360.) The five-year statute is activated when the action
9 “is commenced against the defendant,” and continues to run until the action is “brought to
10 trial.” (Code Civ. Proc. § 583.310.) In response to the coronavirus pandemic, the Judicial
11 Council adopted Emergency Rules Related to COVID-19. Emergency rule 10(a) states:
12 “Notwithstanding any other law, including Code of Civil
Procedure section 583.310, for all civil actions filed on or
13 before April 6, 2020, the time in which to bring the action to
trial is extended by six months for a total time of five years and
14 six months.
15 (Judicial Council, Emergency Rule 10(a).)
16 Here, Plaintiffs filed the Complaint on February 22, 2018. In light of the five-year
17 rule and six-month extension offered by the Judicial Council emergency rules, the action
18 must be brought to trial by August 22, 2023. If a trial date is not immediately set and the
19 matter is not brought to trial on or before August 22, 2023 the matter will be subject to a
20 mandatory dismissal. Plaintiffs will not agree to a tolling of this deadline, and there is no
21 legal basis to deny Plaintiffs’ request. Good cause exists to enter the trial date on an ex
22 parte basis based on the rapidly approaching deadline to bring the matter to trial, the fact
23 that the trial date has been vacated for months, and the likelihood that the matter will not
24 settle prior to trial.
25 IV. CONCLUSION.
26 Plaintiffs respectfully request that the Court enter an order setting the trial for the
27 earliest available date, and before August 22, 2023.
28 //
LAW OFFICES
Allen Matkins Leck Gamble -3-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 Dated: February 14, 2023 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
2 CHARLES D. JARRELL
STACEY A. VILLAGOMEZ
3
4 By: /s/ Stacey A. Villagomez
STACEY A. VILLAGOMEZ
5 Attorneys for Plaintiffs
HASSAN HASHEMIAN, as Trustee of
6 the Hashemian Revocable Family Trust
dated September 21, 1989; MEHDI
7 HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust
8 dated May 11, 2015; GITA
HASHEMIAN, as Co-Trustee of the
9 Hashemian Children Irrevocable Trust
dated May 11, 2015, MERSEDEH
10 HASHEMIAN, as Co-Trustee of the
Hashemian Children Irrevocable Trust
11 dated May 11, 2015
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LAW OFFICES
Allen Matkins Leck Gamble -4-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age
of eighteen (18) and am not a party to this action. My business address is 865 South
3 Figueroa Street, Suite 2800 Los Angeles, California 90017-2543.
4 On February 14, 2023, I served the within document(s) described as:
5 PLAINTIFFS' EX PARTE APPLICATION TO SET TRIAL DATE
PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
6
on the interested parties in this action as stated on the attached mailing list:
7
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on and in
8 accordance with a court order or agreement of the parties to accept service by e-
mail or electronic transmission, I caused a true copy of the document to be sent to
9 the persons at the corresponding electronic address as indicated in the attached
Service List on the above-mentioned date. My electronic notification address is
10 amadrazo@allenmatkins.com. I am readily familiar with this firm's Microsoft
Outlook electronic mail system and did not receive any electronic message or other
11 indication that the transmission was unsuccessful.
12 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
13
Executed on February 14, 2023, at Los Angeles, California.
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Ana L. Madrazo /s/ Ana L. Madrazo
16 (Type or print name) (Signature of Declarant)
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LAW OFFICES
Allen Matkins Leck Gamble -5-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
1 SERVICE LIST
Hassan Hashemian, et al. v. Frank Rahban, et al.
2 LASC Case No. BC695297
(Related Cases: BC693651, BC695301)
3
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Robert W. Barnes, Esq. Attorneys for Defendant/Respondent
5 Sandra Khalili, Esq. Frank Rahban
Alisa Edelson, Esq.
6 Resch Polster & Berger LLP Tel: (310) 277-8300 / Fax: (310) 552-3209
1840 Century Park East, 17th Floor E-Mail: rbarnes@rpblaw.com
7 Los Angeles, CA 90067 skhalili@rpblaw.com
8
Adam D.H. Grant, Esq. Attorneys for Plaintiff
9 GRANT | SHENON Fortune Company, LLC and Saeed Younesi
15165 Ventura Boulevard, Suite 200 Tel: (818) 881-5000 / Fax: (818) 881-1150
10 Sherman Oaks, CA 91403 E-Mail: agrant@grantshenon.com
11
Richard S. Conn Attorneys for Defendant/Respondent
12 Musick Peeler LLP Ventura Investment Company, LLC
624 S. Grand Ave.
13 Suite 2000 Tel: (213) 629-7812 / Fax: (213) 624-1376
Los Angeles, CA 90017 E-mail: rconn@musickpeeler.com
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LAW OFFICES
Allen Matkins Leck Gamble -6-
Mallory & Natsis LLP
PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE
4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 02/14/2023 09:59 AM David W. Slayton, Executive Officer/Clerk of Court, by R. Perez,Deputy Clerk 1 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 2 CHARLES D. JARRELL (BAR NO. 172108) STACEY A. VILLAGOMEZ (BAR NO. 317081) 3 865 South Figueroa Street, Suite 2800 Los Angeles, California 90017-2543 4 Phone: (213) 622-5555 Fax: (213) 620-8816 5 E-Mail: cjarrell@allenmatkins.com svillagomez@allenmatkins.com 6 Attorneys for Plaintiffs 7 HASSAN HASHEMIAN, as Trustee of the Hashemian Revocable Family Trust dated September 21, 1989; 8 MEHDI HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust dated May 11, 9 2015; GITA HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust dated May 11, 10 2015, MERSEDEH HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust dated May 11, 11 2015 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF LOS ANGELES 14 15 HASSAN HASHEMIAN, as Trustee of the Case No. BC695297 Hashemian Revocable Family Trust dated (Related Cases: BC693651, BC695301) 16 September 21, 1989; MEHDI HASHEMIAN, as Co-Trustee of the ASSIGNED FOR ALL PURPOSES TO 17 Hashemian Children Irrevocable Trust dated Judge Robert S. Draper May 11, 2015; GITA HASHEMIAN, as Co- Dept: 78 18 Trustee of the Hashemian Children Irrevocable Trust dated May 11, 2015; PLAINTIFFS' NOTICE AND EX PARTE 19 MERSEDEH HASHEMIAN, as Co-Trustee APPLICATION TO SET TRIAL DATE of the Hashemian Children Irrevocable PURSUANT TO FIVE-YEAR STATUTE 20 Trust dated May 11, 2015; FORTUNE (C.C.P. § 583.310) COMPANY, LLC, a California limited 21 liability company; an individual; DAVID Date: February 15, 2023 YOUNESI, an individual, Time: 8:30 a.m. 22 Dept: 78 Plaintiffs, 23 Action Filed: February 22, 2018 v. Trial Date: None set 24 FRANK RAHBAN, an individual; 25 VENTURA INVESTMENT COMPANY, LLC, a California limited liability company, 26 and DOES 1 through 50, inclusive, 27 Defendants. 28 4892-3376- PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 5456.1/LA PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 TO ALL PARTIES OF RECORD AND TO THE ABOVE-ENTITLED COURT: 2 PLEASE TAKE NOTICE that on February 15, 2023 at 8:30 a.m., in Department 3 72 of the above-entitled Court, located at Los Angeles County Superior Court, Stanley 4 Mosk Courthouse, 111 N. Hill St, Los Angeles, CA 90012, Plaintiffs Hassan Hashemian, 5 Mehdi Hashemian, Gita Hashemian, and Mersedeh Hashemian (together “Plaintiffs”) will 6 and hereby do move this Court, on an ex parte basis, for an order setting a trial date. 7 Pursuant to the five-year rule set forth in Code of Civil Procedure section 583.310 and 8 Judicial Council Emergency Rule 10(a), this action must be brought to trial by August 22, 9 2023 or a mandatory dismissal will be entered. At present, there is no trial date on 10 calendar, and Plaintiffs will be prejudiced if a trial date is not set immediately. This 11 Application is made pursuant to California Rules of Court, Rules 3.1200 et seq. and upon 12 an affirmative showing of good cause based on the rapidly approaching deadline to bring 13 the matter to trial, the fact that the trial date has been vacated for months, and the 14 likelihood that the matter will not settle prior to trial. 15 This Application is based on this Notice, the accompanying memorandum of points 16 and authorities, the Declaration of Stacey A. Villagomez, the pleadings in this action, and 17 any arguments or evidence that may be presented to the Court at or before the hearing. 18 Counsel for the parties in this action are: 19 Charles D. Jarrell, Esq. Attorneys for Plaintiffs Hassan Hashemian, 20 Stacey A. Villagomez, E Mehdi Hashemian, Gita Hashemian, and Allen Matkins Leck Gamble Mallory & Mersedeh Hashemian 21 Natsis LLP 865 South Figueroa Street, Suite 2800 Tel: (213) 622-5555 / Fax: (213) 620-8816 22 Los Angeles, California 90017-2543 E-Mail: cjarrell@allenmatkins.com svillagomez@allenmatkins.com 23 24 Robert W. Barnes, Esq. Attorneys for Defendant/Respondent Sandra Khalili, Esq. Frank Rahban 25 Resch Polster & Berger LLPth 1840 Century Park East, 17 Floor Tel: (310) 277-8300 / Fax: (310) 552-3209 26 Los Angeles, CA 90067 E-Mail: rbarnes@rpblaw.com skhalili@rpblaw.com 27 28 LAW OFFICES Allen Matkins Leck Gamble -2- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 Adam D.H. Grant, Esq. Attorneys for Plaintiff 2 GRANT | SHENON Fortune Company, LLC and Saeed Younesi 15165 Ventura Boulevard, Suite 200 Tel: (818) 881-5000 / Fax: (818) 881-1150 3 Sherman Oaks, CA 91403 E-Mail: agrant@grantshenon.com 4 Richard S. Conn Attorneys for Defendant/Respondent 5 Musick Peeler LLP Ventura Investment Company, LLC 624 S. Grand Ave. 6 Suite 2000 Tel: (213) 629-7812 / Fax: (213) 624-1376 Los Angeles, CA 90017 E-mail: rconn@musickpeeler.com 7 8 Notice of this Application was provided to counsel for all parties on 9 February 14, 2023 at approximately 9:00 a.m. (Declaration of Stacey A. Villagomez, ¶ 4, 10 Ex. 2.) Counsel did not indicate whether they intended to oppose Plaintiffs’ ex parte 11 application prior to filing these papers. (Ibid.) 12 13 Dated: February 14, 2023 ALLEN MATKINS LECK GAMBLE 14 MALLORY & NATSIS LLP CHARLES D. JARRELL 15 STACEY A. VILLAGOMEZ 16 By: /s/ Stacey A. Villagomez 17 STACEY A. VILLAGOMEZ 18 Attorneys for Plaintiffs HASSAN HASHEMIAN, as Trustee of 19 the Hashemian Revocable Family Trust dated September 21, 1989; MEHDI 20 HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust 21 dated May 11, 2015; GITA HASHEMIAN, as Co-Trustee of the 22 Hashemian Children Irrevocable Trust dated May 11, 2015, MERSEDEH 23 HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust 24 dated May 11, 2015 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -3- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. INTRODUCTION. 3 The deadline to bring this matter to trial lapses in just over six months, yet the trial 4 date has been vacated pending Mandatory Settlement Conferences that have not resulted in 5 any settlement agreement between the parties. Plaintiffs Hassan Hashemian, Mehdi 6 Hashemian, Gita Hashemian, and Mersedeh Hashemian (together, “Plaintiffs”) apply ex 7 parte for the immediate setting of an trial date in this action at the earliest available 8 opportunity, and before August 22, 2023. 9 In accordance with Code of Civil Procedure section 583.310 and Judicial Council 10 Emergency Rule 10(a), this action must be brought to trial by August 22, 2023. If not, 11 Plaintiffs will be prejudiced by the entry of a mandatory dismissal. The Court is familiar 12 with the facts of this case. There is no dispute that Defendant Frank Rahban (“Rahban”) 13 stole millions of dollars from Plaintiffs and other members of Ventura Investment 14 Company, LLC (the “Company”). Rahban signed a note confessing to the theft long ago, 15 and then after his attorneys tried to suggest that the confession was not sincere, Rahban 16 readily admitted to the theft in his deposition. Despite this admission, Rahban has refused 17 to pay back the money he stole. The trial of this case will therefore solely involve a 18 determination of how much Rahban owes the Plaintiffs, and whether he should be held 19 liable for punitive damages for his intentional and deceitful theft, which he undertook 20 while serving as a fiduciary to the Plaintiffs. There is no reason to deny Plaintiffs the trial 21 date to which they are entitled, and that they have been awaiting for five years this week. 22 Last week, Plaintiffs invited all parties to stipulate to the setting of the trial date to 23 obviate this application. The parties did not reach a stipulation because their agreement 24 appeared conditioned on selecting a mutually agreeable trial date. In fact, Rahban’s 25 counsel did not even affirmatively state that she was agreeable to a stipulation. The delay 26 plaguing this case must be brought to an end. Good cause exists to enter the trial date on an 27 ex parte basis based on the rapidly approaching deadline to bring the matter to trial, the 28 4892-3376- PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 5456.1/LA PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 fact that the trial date has been vacated for months, and the likelihood that the matter will 2 not settle prior to trial. 3 II. STATEMENT OF RELEVANT FACTS. 4 A. History of Trial Continuances 5 Plaintiffs filed the Complaint in this action on February 22, 2018. (Declaration of 6 Stacey A. Villagomez [“Villagomez Decl.”], ¶ 2.) The trial date in this action has been 7 continued four times and has since been vacated. The matter was initially scheduled for 8 a seven-day jury trial on April 28, 2020. (Ibid.) On December 3, 2019, a party in a related 9 action moved for a continuance and the trial was continued to October 6, 2020. (Ibid.) On 10 the Court’s own motion, the trial was continued to August 17, 2021. (Ibid.) At a later 11 Status Conference, the trial date was further continued to August 30, 2022. (Ibid.) 12 Following a Mandatory Settlement Conference on December 13, 2022, the Court vacated 13 the trial date. (Ibid.) The matter remains ongoing without any trial date on calendar, and 14 despite Plaintiffs’ repeated requests that a trial date be set. (Ibid.) 15 B. Plaintiff’s Requested that The Parties Stipulate to a Trial Date But The 16 Parties Did Not Reach an Agreement 17 On February 10, 2023, Plaintiff’s counsel emailed counsel for all parties to inquire 18 whether they would stipulate to the setting of a trial date. (Villagomez Decl., ¶ 3.) 19 Plaintiff David Younesi’s and Fortune Company, LLC’s counsel, Adam Grant, agreed to 20 stipulate to a trial date, but required that the Parties agree to a trial date. (Ibid.) After 21 proposing dates in June and July as a courtesy, Mr. Grant stated he was unavailable during 22 these months. (Ibid.) Plaintiff’s counsel then proposed a trial date in May, and Rahban’s 23 counsel, Sandra Khalili, stated that she was not available in May without further 24 explanation. (Ibid.) Ms. Khalili never indicated whether she would stipulate to the setting 25 of a trial date. (Ibid.) Plaintiffs’ counsel clarified that they inquired as to availability as a 26 matter of courtesy, but reiterated that Plaintiffs were entitled to a trial date at the earliest 27 available opportunity. (Ibid.) The parties did not reach a stipulation. (Ibid.) 28 LAW OFFICES Allen Matkins Leck Gamble -2- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 III. GOOD CAUSE EXISTS TO SET THE TRIAL DATE BECAUSE THE 2 ACTION WILL BE MANDATORILY DISMISSED IF IT IS NOT 3 BROUGHT TO TRIAL BY AUGUST 22, 2023. 4 Pursuant to California Code of Civil Procedure section 583.310, “[a]n action shall 5 be brought to trial within five years after the action is commenced against the defendant.” 6 In the event this is not accomplished, then there is a mandatory dismissal for delay in 7 bringing the action to trial upon a motion of any party or on the Court’s own motion. 8 (Code Civ. Proc., §§ 583.310, 583.360.) The five-year statute is activated when the action 9 “is commenced against the defendant,” and continues to run until the action is “brought to 10 trial.” (Code Civ. Proc. § 583.310.) In response to the coronavirus pandemic, the Judicial 11 Council adopted Emergency Rules Related to COVID-19. Emergency rule 10(a) states: 12 “Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or 13 before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and 14 six months. 15 (Judicial Council, Emergency Rule 10(a).) 16 Here, Plaintiffs filed the Complaint on February 22, 2018. In light of the five-year 17 rule and six-month extension offered by the Judicial Council emergency rules, the action 18 must be brought to trial by August 22, 2023. If a trial date is not immediately set and the 19 matter is not brought to trial on or before August 22, 2023 the matter will be subject to a 20 mandatory dismissal. Plaintiffs will not agree to a tolling of this deadline, and there is no 21 legal basis to deny Plaintiffs’ request. Good cause exists to enter the trial date on an ex 22 parte basis based on the rapidly approaching deadline to bring the matter to trial, the fact 23 that the trial date has been vacated for months, and the likelihood that the matter will not 24 settle prior to trial. 25 IV. CONCLUSION. 26 Plaintiffs respectfully request that the Court enter an order setting the trial for the 27 earliest available date, and before August 22, 2023. 28 // LAW OFFICES Allen Matkins Leck Gamble -3- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 Dated: February 14, 2023 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 2 CHARLES D. JARRELL STACEY A. VILLAGOMEZ 3 4 By: /s/ Stacey A. Villagomez STACEY A. VILLAGOMEZ 5 Attorneys for Plaintiffs HASSAN HASHEMIAN, as Trustee of 6 the Hashemian Revocable Family Trust dated September 21, 1989; MEHDI 7 HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust 8 dated May 11, 2015; GITA HASHEMIAN, as Co-Trustee of the 9 Hashemian Children Irrevocable Trust dated May 11, 2015, MERSEDEH 10 HASHEMIAN, as Co-Trustee of the Hashemian Children Irrevocable Trust 11 dated May 11, 2015 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -4- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) and am not a party to this action. My business address is 865 South 3 Figueroa Street, Suite 2800 Los Angeles, California 90017-2543. 4 On February 14, 2023, I served the within document(s) described as: 5 PLAINTIFFS' EX PARTE APPLICATION TO SET TRIAL DATE PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 6 on the interested parties in this action as stated on the attached mailing list: 7 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on and in 8 accordance with a court order or agreement of the parties to accept service by e- mail or electronic transmission, I caused a true copy of the document to be sent to 9 the persons at the corresponding electronic address as indicated in the attached Service List on the above-mentioned date. My electronic notification address is 10 amadrazo@allenmatkins.com. I am readily familiar with this firm's Microsoft Outlook electronic mail system and did not receive any electronic message or other 11 indication that the transmission was unsuccessful. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 13 Executed on February 14, 2023, at Los Angeles, California. 14 15 Ana L. Madrazo /s/ Ana L. Madrazo 16 (Type or print name) (Signature of Declarant) 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -5- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310) 1 SERVICE LIST Hassan Hashemian, et al. v. Frank Rahban, et al. 2 LASC Case No. BC695297 (Related Cases: BC693651, BC695301) 3 4 Robert W. Barnes, Esq. Attorneys for Defendant/Respondent 5 Sandra Khalili, Esq. Frank Rahban Alisa Edelson, Esq. 6 Resch Polster & Berger LLP Tel: (310) 277-8300 / Fax: (310) 552-3209 1840 Century Park East, 17th Floor E-Mail: rbarnes@rpblaw.com 7 Los Angeles, CA 90067 skhalili@rpblaw.com 8 Adam D.H. Grant, Esq. Attorneys for Plaintiff 9 GRANT | SHENON Fortune Company, LLC and Saeed Younesi 15165 Ventura Boulevard, Suite 200 Tel: (818) 881-5000 / Fax: (818) 881-1150 10 Sherman Oaks, CA 91403 E-Mail: agrant@grantshenon.com 11 Richard S. Conn Attorneys for Defendant/Respondent 12 Musick Peeler LLP Ventura Investment Company, LLC 624 S. Grand Ave. 13 Suite 2000 Tel: (213) 629-7812 / Fax: (213) 624-1376 Los Angeles, CA 90017 E-mail: rconn@musickpeeler.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES Allen Matkins Leck Gamble -6- Mallory & Natsis LLP PLAINTIFFS’ NOTICE AND EX PARTE APPLICATION TO SET TRIAL DATE 4892-3376-5456.1 PURSUANT TO FIVE-YEAR STATUTE (C.C.P. 583.310)