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This case was last updated from Los Angeles County Superior Courts on 11/16/2020 at 21:53:56 (UTC).

AABLE SECURITIES, INC. VS ROBERT CLIPPINGER

Case Summary

On 02/27/2020 AABLE SECURITIES, INC filed a Contract - Other Contract lawsuit against ROBERT CLIPPINGER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1892

  • Filing Date:

    02/27/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

AABLE SECURITIES INC.

Defendant

CLIPPINGER ROBERT

Attorney/Law Firm Details

Plaintiff Attorney

FINK ROBERT S.

Defendant Attorney

THAKOR NEIL P.

 

Court Documents

Answer - Answer

4/21/2020: Answer - Answer

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/24/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

2/28/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Complaint - Complaint

2/27/2020: Complaint - Complaint

Summons - Summons on Complaint

2/27/2020: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2/27/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

2/27/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/27/2020: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 03/02/2023
  • Hearing03/02/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 08/26/2021
  • Hearing08/26/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/21/2020
  • DocketAnswer; Filed by: ROBERT CLIPPINGER (Defendant); As to: AABLE SECURITIES, INC. (Plaintiff)

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  • 03/24/2020
  • DocketProof of Service by Substituted Service; Filed by: AABLE SECURITIES, INC. (Plaintiff); As to: ROBERT CLIPPINGER (Defendant); Service Cost: 112.40; Service Cost Waived: No

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  • 02/28/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: AABLE SECURITIES, INC. (Plaintiff); As to: ROBERT CLIPPINGER (Defendant)

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  • 02/27/2020
  • DocketComplaint; Filed by: AABLE SECURITIES, INC. (Plaintiff); As to: ROBERT CLIPPINGER (Defendant)

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  • 02/27/2020
  • DocketCivil Case Cover Sheet; Filed by: AABLE SECURITIES, INC. (Plaintiff); As to: ROBERT CLIPPINGER (Defendant)

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  • 02/27/2020
  • DocketSummons on Complaint; Issued and Filed by: AABLE SECURITIES, INC. (Plaintiff); As to: ROBERT CLIPPINGER (Defendant)

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  • 02/27/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/27/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/27/2020
  • DocketNon-Jury Trial scheduled for 08/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/27/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/02/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/27/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC01892    Hearing Date: April 14, 2021    Dept: 26

AAble Securities, LLC v. Robert Clippinger, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR SANCTIONS

TENTATIVE RULING:

PLAINTIFF AABLE SECURITIES, LLC’S MOTION FOR ORDER COMPELLING DEFENDANT ROBERT CLIPPINGER TO RESPOND TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS IS GRANTED. DEFENDANT ROBERT CLIPPINGER IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT ROBERT CLIPPINGER PAY SANCTIONS OF $250.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

THE COURT MAKES NO RULING ON THE REMAINING REQUESTS FOR DISCOVERY ORDERS AT THIS TIME.

ANALYSIS:

Plaintiff AAble Securities, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendants Robert Clippinger (“Defendant Clippinger”) and Clippinger Investment Properties (“Defendant CIP”) on February 27, 2020. On March 16, 2021, Plaintiff filed the instant Motion for Orders Compelling Defendants to Serve Responses to Plaintiff’s Form Interrogatories; that the Truth of Facts and the Genuineness of Documents Specified in Plaintiff’s Requests for Admission be Deemed Admitted; and For Monetary Sanctions (“the Motion”).

Discussion

First, the Court addresses the fact that Plaintiff has filed a single motion for orders under two different discovery statutes, with respect to four separate sets of discovery. Specifically, the Motion seeks to (1) compel Defendant Clippinger’s Responses to Form Interrogatories; (2) compel Defendant CIP’s Responses to Form Interrogatories; (3) deem Defendant Clippinger’s requests for admission admitted; and (4) deem Defendant CPI’s requests for admission admitted. (Notice of Motion, p. 2.) Yet Plaintiff has paid only a single filing fee. Filing multiple requests as a single motion negatively impacts the Court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the party to avoid paying the requisite filing fees. “[I]t is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)

Therefore, the Court will only rule on the first request to compel Defendant Clippinger’s responses to form interrogatories. As to the remaining requests, Plaintiff may reserve separate hearing slots, pay the requisite filing fees and re-notice the Motion as appropriate.

On May 29, 2020, Plaintiff served Form Interrogatories on Defendant Clippinger. (Motion, Fink Decl., Exh. A.) Despite meet and confer efforts, Plaintiff has not received any verified responses to the form interrogatories from Defendant Clippinger. (Id. at ¶¶8-9, 14 and Exhs. E, G.) There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Due to Defendant Clippinger’s failure to respond to the written discovery, the Motion is GRANTED as to Form Interrogatories, Set One, served on Defendant Clippinger.

Defendant Clippinger’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. The request for sanctions is granted against Defendant Clippinger in the amount of $250.00 based on half an hour of attorney time billed at $500.00 an hour. (Motion, Fink Decl., ¶19.)

Conclusion

PLAINTIFF AABLE SECURITIES, LLC’S MOTION FOR ORDER COMPELLING DEFENDANT ROBERT CLIPPINGER TO RESPOND TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS IS GRANTED. DEFENDANT ROBERT CLIPPINGER ISTO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT ROBERT CLIPPINGER PAY SANCTIONS OF $250.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

THE COURT MAKES NO RULING ON THE REMAINING REQUESTS FOR DISCOVERY ORDERS AT THIS TIME.

Moving party to give notice. 

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