This case was last updated from Los Angeles County Superior Courts on 03/15/2021 at 13:47:47 (UTC).

CAPITAL CREDITS GROUP, LLC DBA THE ENTERPRISE ZONE COMPANY VS JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC., ET AL.

Case Summary

On 04/27/2020 CAPITAL CREDITS GROUP, LLC DBA THE ENTERPRISE ZONE COMPANY filed a Contract - Other Contract lawsuit against JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC . 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:

    *******3656

  • Filing Date:

    04/27/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

CAPITAL CREDITS GROUP LLC DBA THE ENTERPRISE ZONE COMPANY

Defendants

JMS AIR CONDITIONING AND APPLIANCE SERVICE INC.

MESICA YOSEF

MESICA SHIRI

Attorney/Law Firm Details

Plaintiff Attorney

BENAKOTE AMIR DAVID

Defendant Attorney

WILNER ESQ. ALAN D.

 

Court Documents

Answer - Answer

9/14/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

6/30/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

4/27/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/15/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Civil Case Cover Sheet - Civil Case Cover Sheet

4/27/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/27/2020: Complaint - Complaint

Summons - Summons on Complaint

4/27/2020: Summons - Summons on Complaint

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

4/27/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 05/01/2023
  • Hearing05/01/2023 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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  • 10/25/2021
  • Hearing10/25/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/14/2020
  • DocketAnswer; Filed by: JMS Air Conditioning and Appliance Service, Inc. (Defendant)

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  • 06/30/2020
  • DocketProof of Personal Service; Filed by: Capital Credits Group, LLC dba The Enterprise Zone Company (Plaintiff); As to: JMS Air Conditioning and Appliance Service, Inc. (Defendant); Service Date: 05/01/2020; Service Cost: 117.00; Service Cost Waived: No

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  • 05/15/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/15/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/25/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/01/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/28/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 04/27/2020
  • DocketComplaint; Filed by: Capital Credits Group, LLC dba The Enterprise Zone Company (Plaintiff); As to: JMS Air Conditioning and Appliance Service, Inc. (Defendant); Yosef Mesica (Defendant); Shiri Mesica (Defendant)

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  • 04/27/2020
  • DocketCivil Case Cover Sheet; Filed by: Capital Credits Group, LLC dba The Enterprise Zone Company (Plaintiff); As to: JMS Air Conditioning and Appliance Service, Inc. (Defendant); Yosef Mesica (Defendant); Shiri Mesica (Defendant)

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  • 04/27/2020
  • DocketSummons on Complaint; Issued and Filed by: Capital Credits Group, LLC dba The Enterprise Zone Company (Plaintiff); As to: JMS Air Conditioning and Appliance Service, Inc. (Defendant); Yosef Mesica (Defendant); Shiri Mesica (Defendant)

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  • 04/27/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/27/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 20STLC03656 Hearing Date: September 1, 2021 Dept: 26

Capital Credits Group,\r\nLLC v. JMS Air Conditioning and Appliance Service, Inc., et al. 20STLC03656

MOTION TO\r\nCOMPEL RESPONSES TO REQUEST FOR PRODUCTION;

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REQUEST FOR\r\nSANCTIONS

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(CCP §§ 2030.290,\r\n2031.300, 2023.010)

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TENTATIVE RULING:

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Plaintiff Capital Credits Group, LLC dba The Enterprise Zone\r\nCompany’s Motion Compelling Defendant\r\nJMS Air Conditioning and Appliance Service, Inc.’s Responses to Request\r\nfor Production, Set One, and for Monetary Sanctions is GRANTED.\r\nDEFENDANT JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC. IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS\r\nWITHOUT OBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JMS AIR\r\nCONDITIONING AND APPLIANCE SERVICE, INC. IS ALSO ORDERED TO PAY SANCTIONS OF $185.00 TO PLAINTIFF’S COUNSEL WITHIN\r\n20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Capital Credits Group, LLC dba The Enterprise Zone\r\nCompany (“Plaintiff”) propounded Requests for Production of Documents, Set One,\r\non Defendant JMS Air Conditioning and Appliance Service, Inc. (“Defendant JMS”)\r\non November 23, 2020. (Motion, Benakote Decl., Exh. A.) Despite meeting and\r\nconferring with defense counsel, no responses to the discovery requests were\r\never served. (Id. at ¶¶3-5 and Exh. B.) Plaintiff filed the instant Motion\r\nto Compel Responses To Requests For Production Of Documents, Set One, and\r\nRequest For Monetary Sanctions on July 29, 2021. No opposition has been filed\r\nto date.

Discussion

Based on Defendant JMS’ failure to serve initial responses,\r\nthe request to compel responses to the Requests for Production is granted.\r\nThere is no requirement for a prior meet and confer effort before a motion to\r\ncompel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Further,\r\nthe motion can be brought any time after the responding party fails to provide\r\nthe responses. (Code Civ. Proc., § 2031.300.) Plaintiff is entitled to an order\r\ncompelling Defendant JMS to serve verified responses to Request for Production,\r\nSet One, without objections.

Defendant JMS’ failure to timely respond constitutes a\r\nmisuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).)\r\nSanctions are appropriate under Code of Civil Procedure sections 2023.010 and\r\n2023.030 and have been properly noticed. Using a lodestar calculation, the\r\nrequest for sanctions is granted against Defendant in the amount of $185.00\r\nbased on half-an-hour of attorney time billed at $250.00 an hour, plus $60.00\r\nin costs. (Motion, Benakote Decl., ¶6.) The sanctions are to be paid within 20\r\ndays’ service of this order.

Conclusion

Plaintiff Capital Credits Group, LLC dba The Enterprise Zone\r\nCompany’s Motion Compelling Defendant\r\nJMS Air Conditioning and Appliance Service, Inc.’s Responses to Request\r\nfor Production, Set One, and for Monetary Sanctions is GRANTED.\r\nDEFENDANT JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC. IS TO SERVE VERIFIED RESPONSES TO THE REQUESTS\r\nWITHOUT OBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT JMS AIR\r\nCONDITIONING AND APPLIANCE SERVICE, INC. IS ALSO ORDERED TO PAY SANCTIONS OF $185.00 TO PLAINTIFF’S COUNSEL WITHIN\r\n20 DAYS’ SERVICE OF THIS ORDER.

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Moving party to give notice.

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