This case was last updated from Los Angeles County Superior Courts on 10/17/2021 at 11:20:15 (UTC).

BON VIVANT HOMEOWNERS ASSOCIATION VS CHARLES CHARTHERN, ET AL.

Case Summary

On 08/21/2018 BON VIVANT HOMEOWNERS ASSOCIATION filed an Other lawsuit against CHARLES CHARTHERN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0792

  • Filing Date:

    08/21/2018

  • Case Status:

    Other

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

BON VIVANT HOMEOWNERS ASSOCIATION

Defendants

CHARTHERN CHARLENE

CHARTHERN CHARLES

Attorney/Law Firm Details

Plaintiff Attorney

MEDIONI DANIEL M

 

Court Documents

Request for Dismissal - Request for Dismissal

5/12/2021: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

5/3/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PLAINTIFF BON VIVANT HOMEOWNERS ASSOCIATION'S MOTION TO COMPEL DISCOVERY AND MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, TO DEFENDANTS

3/23/2021: Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PLAINTIFF BON VIVANT HOMEOWNERS ASSOCIATION'S MOTION TO COMPEL DISCOVERY AND MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, TO DEFENDANTS

Certificate of Mailing for - Certificate of Mailing for (Status Conference Re: Bankruptcy;) of 03/15/2021

3/15/2021: Certificate of Mailing for - Certificate of Mailing for (Status Conference Re: Bankruptcy;) of 03/15/2021

Minute Order - Minute Order (Status Conference Re: Bankruptcy;)

3/15/2021: Minute Order - Minute Order (Status Conference Re: Bankruptcy;)

Notice (name extension) - Notice OF TERMINATION OF STAY

2/16/2021: Notice (name extension) - Notice OF TERMINATION OF STAY

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 02/16/2021

2/16/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 02/16/2021

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

2/16/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PLAINTIFF BON VIVANT HOMEOWNERS ASSOCIATIONS MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, TO DEFENDANT CHARLES CHARTHERN, ADMITTED

1/22/2021: Notice (name extension) - Notice OF CONTINUANCE OF HEARING ON PLAINTIFF BON VIVANT HOMEOWNERS ASSOCIATIONS MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, TO DEFENDANT CHARLES CHARTHERN, ADMITTED

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

1/12/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

9/10/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

9/10/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

9/10/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice (name extension) - Notice RE: CONTINUANCE OF HEARING AND ORDER

5/11/2020: Notice (name extension) - Notice RE: CONTINUANCE OF HEARING AND ORDER

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

4/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice Notice of nature of proceedings at non-apperance case review

3/3/2020: Notice (name extension) - Notice Notice of nature of proceedings at non-apperance case review

Minute Order - Minute Order (Non-Appearance Case Review)

2/10/2020: Minute Order - Minute Order (Non-Appearance Case Review)

Certificate of Mailing for - Certificate of Mailing for (Non-Appearance Case Review) of 02/10/2020

2/10/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Appearance Case Review) of 02/10/2020

18 More Documents Available

 

Docket Entries

  • 05/12/2021
  • DocketOn the Complaint filed by Bon Vivant Homeowners Association on 08/21/2018, entered Request for Dismissal without prejudice filed by Bon Vivant Homeowners Association as to the entire action

    Read MoreRead Less
  • 05/12/2021
  • DocketAddress for Daniel M Medioni (Attorney) null

    Read MoreRead Less
  • 05/03/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

    Read MoreRead Less
  • 05/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/03/2021; Result Type to Held

    Read MoreRead Less
  • 05/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/03/2021; Result Type to Held

    Read MoreRead Less
  • 05/03/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/03/2021; Result Type to Held

    Read MoreRead Less
  • 03/23/2021
  • DocketNotice OF CONTINUANCE OF HEARING ON PLAINTIFF BON VIVANT HOMEOWNERS ASSOCIATION'S MOTION TO COMPEL DISCOVERY AND MOTION TO DEEM REQUEST FOR ADMISSIONS, SET ONE, TO DEFENDANTS CHARLES CHARTHERN, ADMIT; Filed by: Bon Vivant Homeowners Association (Plaintiff); As to: Charles Charthern (Defendant); Charlene Charthern (Defendant)

    Read MoreRead Less
  • 03/15/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 03/15/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/03/2021 at 10:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 03/15/2021
  • DocketMinute Order (Status Conference Re: Bankruptcy;)

    Read MoreRead Less
43 More Docket Entries
  • 09/20/2018
  • DocketNotice of pendency of action; Filed by: Bon Vivant Homeowners Association (Plaintiff); As to: Charles Charthern (Defendant); Charlene Charthern (Defendant)

    Read MoreRead Less
  • 09/12/2018
  • DocketProof of Service by Substituted Service; Filed by: Bon Vivant Homeowners Association (Plaintiff); As to: Charlene Charthern (Defendant); Proof of Mailing Date: 09/03/2018; Service Cost: 80.00; Service Cost Waived: No

    Read MoreRead Less
  • 09/12/2018
  • DocketProof of Personal Service; Filed by: Bon Vivant Homeowners Association (Plaintiff); As to: Charles Charthern (Defendant); Service Date: 09/03/2018; Service Cost: 40.00; Service Cost Waived: No

    Read MoreRead Less
  • 08/21/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 08/21/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 08/21/2018
  • DocketCivil Case Cover Sheet; Filed by: Bon Vivant Homeowners Association (Plaintiff)

    Read MoreRead Less
  • 08/21/2018
  • DocketComplaint; Filed by: Bon Vivant Homeowners Association (Plaintiff); As to: Charles Charthern (Defendant); Charlene Charthern (Defendant)

    Read MoreRead Less
  • 08/21/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 08/21/2018
  • DocketNon-Jury Trial scheduled for 02/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 08/21/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC10792    Hearing Date: May 3, 2021    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED;REQUEST FOR SANCTIONS(CCP §§ 2030.290, 2031.300, 2033.280, 2023.010)TENTATIVE RULING:Plaintiff Bon Vivant Homeowners Association’s (1) Motion Compelling Responses to Form Interrogatories, Set One and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production, Set One and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission Admitted are GRANTED. DEFENDANT CHARLES CHARTHERN IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT CHARLES CHARTHERN IS ALSO ORDERED TO PAY SANCTIONS OF $780.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.ANALYSIS:Plaintiff Bon Vivant Homeowners Association (“Plaintiff”) propounded Form Interrogatories, Requests for Admission and Requests for Production of Documents on Defendant Charles Charthern on June 25, 2020. (Motions, Medioni Decl., Exh. A.) Following Defendant Charles Charthern’s failure to provide timely responses, Plaintiff extended the deadline to respond to August 10, 2020. (Id. at Exh. B.) Following no response from Defendant Charles Charthern after the last deadline, Plaintiff filed the instant (1) Motion To Compel Responses To Form Interrogatories And Request For Sanctions; (2) Motion To Compel Responses To Demand For Production Of Documents And Request For Sanctions; and (3) Motion To Deem Requests For Admission Admitted And Request For Sanctions on September 10, 2020.The Motions initially came for hearing on February 16, 2021, at which time the Court noted a bankruptcy stay was in effect and continued the hearing. (Minute Order, 02/16/21.) Immediately following the hearing, Plaintiff filed a Notice of Termination of Bankruptcy Stay. On March 15, 2021, the Court lifted the bankruptcy stay and set the Motions for hearing on May 3, 2021. To date, no opposition has been filed.

Discussion

Based on Defendant Charles Charthern’s failure to serve initial responses, the Motions to compel responses to interrogatories and request for production, and to deem admissions admitted are granted. There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendant Charles Charthern to serve verified responses to the interrogatories and request for production without objections. The Court also deems the requests for admission admitted against Defendant Charles Charthern.

Finally, Defendant Charles Charthern’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. Therefore, the requests for sanctions are granted against Defendant Charles Charthern in the amount of $780.00 based on two hours of attorney time billed at $300.00 an hour, plus $180.00 in costs. (Motions, Medioni Decl., ¶12.) The sanctions are to be paid within 20 days’ service of this order.

Conclusion

Plaintiff Bon Vivant Homeowners Association’s (1) Motion Compelling Responses to Form Interrogatories, Set One and for Monetary Sanctions; (2) Motion Compelling Responses to Request for Production, Set One and for Monetary Sanctions; and (3) Motion Deeming Requests for Admission Admitted are GRANTED. DEFENDANT CHARLES CHARTHERN IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT CHARLES CHARTHERN IS ALSO ORDERED TO PAY SANCTIONS OF $780.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 18STLC10792    Hearing Date: February 16, 2021    Dept: 26

Bon Vivant HOA v. Charthern, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP § 2030.290)

ANALYSIS:

A bankruptcy stay remains in effect in this action following the filing of a Notice of Stay of Proceedings on October 29, 2019. A status conference regarding the bankruptcy stay is scheduled for March 15, 2021. Despite the continuing bankruptcy stay, Plaintiff Bon Vivant Homeowners Association (“Plaintiff”) filed the instant (1) Motion Compelling Defendant Charles Charthern to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Defendant Charles Charthern to Respond to Request for Production, Set One and for Monetary Sanctions. To date, no opposition has been filed.

As the bankruptcy stay remains pending, Plaintiff’s (1) Motion Compelling Defendant Charles Charthern to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Defendant Charles Charthern to Respond to Request for Production, Set One and for Monetary Sanctions are CONTINUED TO MARCH 30, 2021 AT 1:30 PM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

The February 17, 2021 hearing on Plaintiff’s Motion to Deem Requests for Admission Admitted and Sanctions is also CONTINUED TO MARCH 30, 2021 AT 1:30 PM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

THE STATUS CONFERENCE RE BANKRUPTCY PROCEEDINGS REMAINS SCHEDULED FOR MARCH 15, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. COUNSEL OF RECORD FOR ALL PARTIES ARE ORDERED TO APPEAR AT THE STATUS CONFERENCE AND PRESENT DECLARATORY AND DOCUMENTARY EVIDENCE REGARDING THE CURRENT STATE OF THE BANKRUPTCY PROCEEDINGS TO THE COURT.

Moving party to give notice.

TENTATIVE RULING:

Plaintiff Bon Vivant Homeowners Association’s (1) Motion Compelling Defendant Charles Charthern to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Defendant Charles Charthern to Respond to Request for Production, Set One and for Monetary Sanctions are CONTINUED TO MARCH 30, 2021 AT 1:30 PM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where BON VIVANT HOMEOWNERS ASSOCIATION is a litigant

Latest cases represented by Lawyer MEDIONI DANIEL M