Bassam Shallhoob v. Hlib Kryvonosov

As currently alleged, the Breach of Contract Cause of Action appears to be an ordinary claim for breach and not a claim for tortious breach. The attorney's fees request is brought only in connection with the Second Cause of Action. Without more, the allegations are lacking that Defendant acted tortiously such that attorney's fees would be considered an economic loss amounting to damages. As such, the motion to strike is granted with leave to amend.

--- RULING: In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court's records.

ORDER Defendant State Farm Mutual Automobile Insurance Company's Demurrer and Motion to Strike came on regularly for hearing on August 21, 2026, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: THE DEMURRER IS SUSTAINED WITH 30 DAYS' LEAVE TO AMEND AS TO THE FIRST AMENDED COMPLAINT'S FIRST CAUSE OF ACTION THE MOTION TO STRIKE IS GRANTED WITH 30 DAYS' LEAVE TO AMEND AS TO THE ATTORNEY'S FEES ALLEGATIONS. THE REMAINDER OF THE MOTION IS MOOT AS TO THE PUNITIVE DAMAGES ALLEGATIONS. CASE MANAGEMENT CONFERENCE SET FOR AUGUST 26, 2026 IS ADVANCED AND CONTINUED TO NOVEMBER 4, 2026 AT 9:00 AM. DEFENDANT TO PROVIDE NOTICE. IT IS SO ORDERED.

TENTATIVE RULING AUGUST 21, 2026 MOTION TO DISMISS Los Angeles Superior Court Case # 25NNCV08622 MP: Defendant Hlib Kryvonosov RP: No opposition filed NOTICE:

The Court is not requesting oral argument on this matter. The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear is requested. Unless the Court directs argument in the Tentative Ruling, no argument is required and any party seeking argument should notify all other parties and the court by 4:00 p.m. on the court day before the hearing of the party's intention to appear and argue. The tentative ruling will become the ruling of the court if no argument is received. Notice may be given either by email at [email protected] or by telephone at (818) 260-8412.

ALLEGATIONS: Bassam Shallhoob ("Plaintiff") alleges that on August 5, 2025, he entered into a written contract with Hlib Kryvonosov (" Defendant"). He alleges that Defendant delivered a 2016 Land Rover Range Rover Sport vehicle to Plaintiff's auto facility and authorized Plaintiff to provide services pursuant to the Burbank Advanced Diagnostics estimate, including inspection, towing, repairs, and storage. (FAC, Ex. A.) Plaintiff alleges that he performed the services and provided Defendant with an invoice, but Defendant failed to pay the amount due despite demand. Plaintiff alleges he suffered $38,763 in damages for towing, inspection fee, hazardous waste, dolly fee, shop supplies, after-hour gate charge, and daily storage fees. The First Amended Complaint ("FAC"), filed June 11, 2026, alleges a single Breach of Contract claim.

MOTION ON CALENDAR: On May 6, 2026, Defendant filed a Motion to Dismiss Plaintiff's Action as to Defendant Per C.C.P. Sec. 581(f)(2). The Court is not in receipt of an opposition brief.

LEGAL STANDARD C.C.P. Sec. 581(f)(2) states: (f) The court may dismiss the complaint as to that defendant when: ... (2) Except where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal. (C.C.P. Sec. 581(f)(2).) "A motion to dismiss the entire action and for entry of judgment after expiration of the time to amend following the sustaining of a demurrer may be made by ex parte application to the court under Code of Civil Procedure section 581(f)(2)." (CRC Rule 3.1320(h).)

ANALYSIS: Defendant moves to dismiss this action and enter judgment in his favor on the ground that Plaintiff failed to amend his initial complaint within 30 days of March 27, 2026 as ordered by the Court in its minute order on Defendant's demurrer to the initial complaint. On June 11, 2026, the Court granted the parties' Stipulation and Proposed Order Permitting Plaintiff to File First Amended Complaint, allowing Plaintiff to file a corrected FAC and to vacate Plaintiff's Motion for Relief. That same day, Plaintiff's FAC was filed. In light of the Stipulation and Order, this motion is moot as the parties stipulated and agreed that the FAC could be filed five court days after the Court entered an order approving the parties' stipulation. The motion is taken off-calendar.

--- RULING: In the event a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court's records.

ORDER Defendant Hlib Kryvonosov's Motion to Dismiss Plaintiff's Action as to Defendant Per C.C.P. Sec. 581(f)(2) came on regularly for hearing on August 21, 2026, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows: THE MOTION TO DISMISS PLAINTIFF'S ACTION IS TAKEN OFF-CALENDAR IN LIGHT OF THE PARTIES' JUNE 11, 2026 STIPULATION AND ORDER ALLOWING THE FILING OF THE FIRST AMENDED COMPLAINT. defendant TO GIVE NOTICE. IT IS SO ORDERED.

Case Number: 25NNCV08932 Hearing Date: August 21, 2026 Dept: A TENTATIVE RULING AUGUST 21, 2026 DEMURRER Los Angeles Superior Court Case # 25NNCV08932 MP: Plaintiff Colette Encinas RP: No opposition received NOTICE: The Court is not requesting oral argument on this matter. The Court is guided by California Rules of Court, Rule 3.1308(a)(1) whereby notice of intent to appear