This case was last updated from Los Angeles County Superior Courts on 10/23/2020 at 05:55:53 (UTC).

ATKINSON-BAKER, INC., A CALIFORNIA CORPORATION VS THOMAS J ANTON, ET AL.

Case Summary

On 03/26/2019 ATKINSON-BAKER, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against THOMAS J ANTON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2934

  • Filing Date:

    03/26/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ATKINSON-BAKER INC. A CALIFORNIA CORPORATION

Defendants

ANTON THOMAS J

THOMAS ANTON & ASSOCIATES A LAW CORPORATION A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

BATES JAMES

Defendant Attorney

ANTON THOMAS

 

Court Documents

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

4/3/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

4/3/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 04/23/2020

4/23/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 04/23/2020

Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

4/23/2020: Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted; He...)

8/6/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted; He...)

Notice (name extension) - Notice Of Entry Of Judgment Or Order

8/18/2020: Notice (name extension) - Notice Of Entry Of Judgment Or Order

Exhibit List - Exhibit List

9/10/2020: Exhibit List - Exhibit List

Trial Brief - Trial Brief

9/10/2020: Trial Brief - Trial Brief

Witness List - Witness List

9/10/2020: Witness List - Witness List

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

9/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice Of Entry Of Order Continuing Trial Date

9/17/2020: Notice (name extension) - Notice Of Entry Of Order Continuing Trial Date

Answer - Answer

5/15/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

3/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/26/2019: Complaint - Complaint

Summons - Summons on Complaint

3/26/2019: Summons - Summons on Complaint

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

3/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/26/2019: First Amended Standing Order - First Amended Standing Order

5 More Documents Available

 

Docket Entries

  • 04/26/2021
  • Hearing04/26/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 09/17/2020
  • DocketNotice Of Entry Of Order Continuing Trial Date; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Atkinson-Baker, Inc., a California corporation (Plaintiff); Thomas J Anton (Defendant); Thomas Anton & Associates, A Law Corporation, a California corporation (Defendant)

    Read MoreRead Less
  • 09/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 09/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/29/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/16/2020

    Read MoreRead Less
  • 09/16/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/22/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 04/26/2021 08:30 AM

    Read MoreRead Less
  • 09/10/2020
  • DocketExhibit List; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 09/10/2020
  • DocketWitness List; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 09/10/2020
  • DocketTrial Brief; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 08/18/2020
  • DocketNotice Of Entry Of Judgment Or Order; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Thomas J Anton (Defendant); Thomas Anton & Associates, A Law Corporation, a California corporation (Defendant)

    Read MoreRead Less
  • 08/06/2020
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted; He...)

    Read MoreRead Less
11 More Docket Entries
  • 04/03/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 06/02/2020 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 05/15/2019
  • DocketAnswer; Filed by: Thomas J Anton (Defendant); Thomas Anton & Associates, A Law Corporation, a California corporation (Defendant); As to: Atkinson-Baker, Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 03/26/2019
  • DocketComplaint; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Thomas J Anton (Defendant); Thomas Anton & Associates, A Law Corporation, a California corporation (Defendant)

    Read MoreRead Less
  • 03/26/2019
  • DocketSummons on Complaint; Issued and Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Thomas J Anton (Defendant); Thomas Anton & Associates, A Law Corporation, a California corporation (Defendant)

    Read MoreRead Less
  • 03/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Thomas J Anton (Defendant); Thomas Anton & Associates, A Law Corporation, a California corporation (Defendant)

    Read MoreRead Less
  • 03/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 03/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 03/26/2019
  • DocketNon-Jury Trial scheduled for 09/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 03/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 03/26/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC02934    Hearing Date: August 06, 2020    Dept: 25

PROCEEDINGS    (1) MOTION FOR ORDER THAT THE TRUTH OF REQUEST FOR ADMISSION BE DEEMED ADMITTED BY DEFENDANT THOMAS J. ANTON

(2) MOTION FOR ORDER THAT THE TRUTH OF REQUEST FOR ADMISSION BE DEEMED ADMITTED BY DEFENDANT THOMAS ANTON & ASSOCIATES, A LAW CORP.

MOVING PARTY:   Plaintiff Atkinson-Baker, Inc.

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff’s (1) Motion for Order that Truth of Requests for Admission be Deemed Admitted by Defendant Thomas J. Anton and (2) Motion for Order that Truth of Requests for Admission be Deemed Admitted by Defendant Thomas Anton & Associates, A Law Corp. are GRANTED. In addition, Plaintiff’s requests for sanctions are also GRANTED in the amount of $520.00 to be paid within thirty (30) days of service of notice of this order.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 4, 2020 [   ] Late [X] None

REPLY: None filed as of August 4, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On March 26, 2019, Plaintiff Atkinson-Baker, Inc. (“Plaintiff”) filed an action for breach of oral contract, open book account, and services performed against Defendants Thomas J. Anton (“Anton”) and Thomas Anton & Associates, a Law Corporation (“Law Corporation”) (collectively, “Defendants”). On May 15, 2019, Defendants filed an Answer.

On April 3, 2020, Plaintiff filed the instant (1) Motion for Order that Truth of Request for Admission be Deemed Admitted by Defendant Thomas J. Anton and Request for Sanctions and (2) Motion for Order that Truth of Request for Admission be Deemed Admitted by Defendant Thomas Anton & Associates, a Law Corp. and Request for Sanctions (collectively, the “Motions”). To date, no oppositions have been filed.

  1. Legal Standard & Discussion

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).)  “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).)  A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang(1993) 20 Cal.App.4th 1569, 1585.)

Here, Plaintiff served each Defendant with Requests for Admission on June 24, 2019 via regular mail. (Motions, Bates Decl., ¶¶ 3, Exhs. 1.) Plaintiff’s counsel granted Defendants an extension up to and including August 5, 2019 to provide responses. (Id. at ¶¶ 4.) Although not statutorily required, Plaintiff’s counsel sent a letter to Defendants on October 24, 2019 regarding the lack of discovery responses. (Id. at ¶¶ 6, Exhs. B.) To date, Plaintiff has not received any response to its discovery. (Id. at ¶¶ 8.) Thus, Plaintiff is entitled to an order deeming the Request for Admission admitted against Defendants. (Code Civ. Proc., § 2033.280.)

In addition, Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff’s counsel requests a total of $1,720.00 in sanctions, which consists of eight hours of attorney time billed at a reduced rate of $200.00 per hour and two filing fees of $60.00. (Motions, Bates Decl., ¶¶ 10.) However, the amount sought is excessive given the simplicity of these Motions and the lack of opposition and reply. The Court finds sanctions of $520.00, based on two hours of attorney time and two filing fees, to be reasonable. Defendants are ordered to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s (1) Motion for Order that Truth of Requests for Admission be Deemed Admitted by Defendant Thomas J. Anton and (2) Motion for Order that Truth of Requests for Admission be Deemed Admitted by Defendant Thomas Anton & Associates, A Law Corp. are GRANTED. In addition, Plaintiff’s requests for sanctions are also GRANTED in the amount of $520.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.