Larchmont Bungalow returns to L.A. Superior Court Mon., Dec. 16 before Judge Henry Barela. The criminal case was continued from last month when the defendant failed to appear in court, said Serena Christion, deputy city attorney.
“We informed the court and the defense that the defendant has to plea at the next hearing or have the case sent out to trial,” she added. Meanwhile a civil case, also with the city of L.A. against the eatery at 107 N. Larchmont Blvd., was also in court last month.
Judge Suzanne Bruguera upheld the city’s demurrer (objections) to the defendant’s first amended complaint and granted the defendant 60 days to file another complaint.
The civil case returns for a case management conference Feb. 18, said Kim Westoff, deputy city attorney. City attorneys argue owner Albert Mizrahi violated a signed covenant, promising he would not have tables and chairs at the licensed take–out. Sit-down restaurants are limited on Larchmont per city zoning laws.
Bungalow owners sued the city after it revoked its certificate of occupancy and building permit shortly after opening in Sept. 2009. Mizrahi’s attorney alleges he is being discriminated against as other take-outs on the boulevard have tables and chairs.
The city won the civil case in Dec. 2011 but two outstanding causes of action remained: violation of equal protection and violation of civil rights. Those were resolved earlier this year when Judge Bruguera had granted a motion for judgment on the pleadings without leave to amend, Westoff said.
But before the judge signed off on the judgment, the defendant filed a motion for reconsideration.