This case was last updated from Los Angeles County Superior Courts on 08/28/2021 at 00:07:37 (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 Disposed - Dismissed.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******1892

  • Filing Date:

    02/27/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • 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

Court documents are not available for this case.

 

Docket Entries

  • 08/26/2021
  • DocketOn the Complaint filed by AABLE SECURITIES, INC. on 02/27/2020, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 08/26/2021
  • DocketOrder - Dismissal; Issued and Filed by: Clerk

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  • 08/26/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 08/26/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 08/26/2021; Filed by: Clerk

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  • 08/26/2021
  • DocketNon-Jury Trial scheduled for 08/26/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 08/26/2021

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  • 08/18/2021
  • 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 Not Held - Advanced and Vacated on 03/24/2020

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  • 04/14/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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  • 04/14/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 04/14/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 04/14/2021; Result Type to Held

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  • 03/17/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 04/14/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 03/16/2021
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: AABLE SECURITIES, INC. (Plaintiff); As to: ROBERT CLIPPINGER (Defendant)

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1 More Docket Entries
  • 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
  • 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
  • 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
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC01892 Hearing Date: October 13, 2021 Dept: 26

PROCEEDINGS: MOTION TO VACATE DISMISSAL

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MOVING PARTY: Plaintiff AAble Securities, LLC

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RESP. PARTY: None

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MOTION TO VACATE DISMISSAL

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(CCP § 473(b))

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TENTATIVE RULING:

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Plaintiff AAble\r\nSecurities, LLC’s Motion to Vacate Dismissal is GRANTED. DISMISSAL ENTERED ON\r\nAUGUST 26, 2021 IS VACATED. ORDER TO SHOW CAUSE RE: SETTLEMENT/DISMISSAL IS SET\r\nFOR JANUARY 20, 2022 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET\r\nCOURTHOUSE.

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SERVICE:

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[X] Proof of Service Timely Filed\r\n(CRC 3.1300) OK

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[X] Correct Address (CCP 1013,\r\n1013a) OK

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[X] 16/21 Day Lapse (CCP 12c and\r\n1005 (b)) OK

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SUMMARY OF COMPLAINT:\r\nAction for breach of contract.

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RELIEF REQUESTED:\r\nVacate dismissal of entire action due to Plaintiff’s counsel’s failure to\r\nappear on the trial date.

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OPPOSITION: None\r\nfiled as of October 6, 2021.

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REPLY: None filed\r\nas of October 6, 2021.

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ANALYSIS:

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Plaintiff AAble\r\nSecurities, LLC (“Plaintiff”) filed the instant action for breach of contract\r\nagainst Defendants Robert Clippinger (“Defendant Clippinger”) and\r\nClippinger Investment Properties (“Defendant CIP”) on February 27, 2020. The\r\nmatter was set for trial on August 26, 2021. Following\r\nPlaintiff’s failure to appear on August 26, 2021, the Court dismissed the\r\naction without prejudice. (Order of Dismissal, 08/26/21.)

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Plaintiff filed\r\nthe instant Motion to Vacate Dismissal on September 17, 2021. No opposition has\r\nbeen filed to date.

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Discussion

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Plaintiff seeks relief from the dismissal entered on August\r\n26, 2021 pursuant to Code of Civil Procedure, section 473, subdivision (b).\r\nUnder this statute, an application for relief must be made no more than six\r\nmonths after entry of the order from which relief is sought and must be\r\naccompanied by an affidavit of fault attesting to the mistake, inadvertence,\r\nsurprise or neglect of the moving party or its attorney. (Code Civ. Proc., §\r\n473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th\r\n130, 143.) When based on attorney fault, a timely request for relief must be\r\ngranted. (Code Civ. Proc., § 473, subd. (b).)

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The Motion was timely filed less than six months after entry\r\nof dismissal and is supported by an attorney affidavit of fault. Plaintiff’s\r\nattorney explains that after the parties signed a settlement agreement, the\r\nstipulation for settlement and dismissal with retention of jurisdiction was\r\nsupposed to be filed with the Court. (Motion, Fink Decl., ¶¶3-5.) Due to\r\ninadvertence, the stipulation was not filed. (Motion, Garcia Decl., ¶¶2-4.)\r\nPlaintiff’s counsel did not realize the stipulation was not filed and took the\r\ntrial date off their calendar. (Id. at ¶¶5-7.)

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Based on the timely request for relief based on attorney\r\nfault, Plaintiff is entitled to an order vacating the dismissal entered on August\r\n26, 2021.

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Conclusion

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Plaintiff AAble\r\nSecurities, LLC’s Motion to Vacate Dismissal is GRANTED. DISMISSAL ENTERED ON AUGUST\r\n26, 2021 IS VACATED. ORDER TO SHOW CAUSE RE: SETTLEMENT/DISMISSAL IS SET FOR JANUARY\r\n20, 2022 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

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Moving party to give\r\nnotice.

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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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