This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 13:26:00 (UTC).

CARSON CJ, LLC VS AUTOMOTIVE RETAIL SOLUTIONS,

Case Summary

On 10/16/2017 CARSON CJ, LLC filed a Contract - Other Contract lawsuit against AUTOMOTIVE RETAIL SOLUTIONS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3344

  • Filing Date:

    10/16/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

CARSON CJ LLC

Defendant

AUTOMOTIVE RETAIL SOLUTIONS

Attorney/Law Firm Details

Plaintiff Attorney

SCALI CHRISTIAN JOSEPH

Defendant Attorney

VANDERSCHUIT KENT

 

Court Documents

Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER SHORTENING TIME FOR HEARING ON MOTION TO COMPEL RESPONSES TO WRITTEN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES

2/25/2019: Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER SHORTENING TIME FOR HEARING ON MOTION TO COMPEL RESPONSES TO WRITTEN DISCOVERY; MEMORANDUM OF POINTS AND AUTHORITIES

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

2/25/2019: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

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

3/11/2019: 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 (name extension) - Motion to Compel MOTION TO COMPEL DEPOSITION OF DEFENDANT

3/18/2019: Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL DEPOSITION OF DEFENDANT

Minute Order - Minute Order (Hearing on Ex Parte Application FOR AN ORDER SHORTENING TIME)

4/2/2019: Minute Order - Minute Order (Hearing on Ex Parte Application FOR AN ORDER SHORTENING TIME)

Notice of Ruling - Notice of Ruling

4/3/2019: Notice of Ruling - Notice of Ruling

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

4/8/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/26/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Motion for Order (name extension) - Motion for Order Plaintiff Carson Cj, Llcs Notice Of Motion And Motion To Reopen Discovery And Request For Sanctions Against Defendant Automotive Retail Solutions,

8/2/2019: Motion for Order (name extension) - Motion for Order Plaintiff Carson Cj, Llcs Notice Of Motion And Motion To Reopen Discovery And Request For Sanctions Against Defendant Automotive Retail Solutions,

Declaration (name extension) - Declaration Declaration Of Jade F. Jurdi In Support Of Motion To Reopen Discovery

8/2/2019: Declaration (name extension) - Declaration Declaration Of Jade F. Jurdi In Support Of Motion To Reopen Discovery

Answer

3/6/2018: Answer

Minute Order - (Hearing on Motion to Strike Defendant's Answer)

2/8/2018: Minute Order - (Hearing on Motion to Strike Defendant's Answer)

Reply (name extension) - in Support of Plaintiff's Motion to Strike Defendant's Answer and Enter Default Judgment

2/1/2018: Reply (name extension) - in Support of Plaintiff's Motion to Strike Defendant's Answer and Enter Default Judgment

Reply (name extension) - in Support of Plaintiff's Motion to Strike Defendant's Answer and Enter Default Judgment

2/1/2018: Reply (name extension) - in Support of Plaintiff's Motion to Strike Defendant's Answer and Enter Default Judgment

Opposition (name extension)

1/16/2018: Opposition (name extension)

Motion to Strike (not initial pleading) - defendants answser

12/19/2017: Motion to Strike (not initial pleading) - defendants answser

Civil Case Cover Sheet

10/16/2017: Civil Case Cover Sheet

30 More Documents Available

 

Docket Entries

  • 10/19/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/01/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/28/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Order (name extension)

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  • 08/28/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/28/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/28/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/28/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/02/2019
  • DocketMotion for Order Plaintiff Carson Cj, Llcs Notice Of Motion And Motion To Reopen Discovery And Request For Sanctions Against Defendant Automotive Retail Solutions, Llc And Its Counsel Kent Vanderschuit In The Amount Of 2,755.00; Filed by: Carson CJ, LLC (Plaintiff)

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  • 08/02/2019
  • DocketDeclaration Declaration Of Jade F. Jurdi In Support Of Motion To Reopen Discovery; Filed by: Carson CJ, LLC (Plaintiff)

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  • 08/02/2019
  • DocketHearing on Motion for Order to reopen discovery scheduled for 08/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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64 More Docket Entries
  • 12/19/2017
  • DocketHearing on Motion to Strike defendants answer scheduled for 02/08/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 11/30/2017
  • DocketAnswer; Filed by: Automotive Retail Solutions, (Defendant)

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  • 11/30/2017
  • DocketProof of Service by Mail First-Mail; Filed by: Carson CJ, LLC (Plaintiff); As to: Automotive Retail Solutions, (Defendant); After Substituted Service of Summons & Complaint ?: No

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  • 10/16/2017
  • DocketComplaint; Filed by: Carson CJ, LLC (Plaintiff); As to: Automotive Retail Solutions, (Defendant)

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  • 10/16/2017
  • DocketCivil Case Cover Sheet; Filed by: Carson CJ, LLC (Plaintiff)

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  • 10/16/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/16/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/16/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 10/16/2017
  • DocketNon-Jury Trial scheduled for 04/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 10/16/2017
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 10/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC03344    Hearing Date: January 22, 2020    Dept: 26

Carson CJ, LLC v. Automotive Retail Solutions, et al.

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Plaintiff Carson CJ, LLC’s Motion for an Order Compelling Defendant Automotive Retail Solutions, LLC’s Attendance at Deposition and for Monetary Sanctions is GRANTED. PLAINTIFF TO FILE A PROPOSED ORDER SETTING FORTH THE SPECIFIC DATE, TIME AND LOCATION OF THE DEPOSITION WITHIN FIVE (5) DAYS. DEFENDANT AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY PLAINTIFF’S COUNSEL SANCTIONS IN THE AMOUNT OF $2,341.56 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS

Plaintiff CJ Carson, LLC (“Plaintiff”) filed the instant action for breach of contract against Defendant Automotive Retail Solutions, LLC (“Defendant”) on October 16, 2017. Plaintiff filed the instant Motion to Compel Defendant’s Attendance at Deposition (“the Motion”) on March 18, 2019. The hearing on the Motion was continued to allow for a hearing on Plaintiff’s Motion to Reopen Discovery, which the Court granted on August 28, 2019. Also on August 28, 2019, the Court found the Motion was not supported by the requisite meet and confer declaration and continued the matter again. On December 23, 2019, Plaintiff filed a supplemental declaration. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

Plaintiff presents evidence that Defendant failed to appear for its properly noticed deposition on February 26, 2019. (Motion, Jurdi Decl., ¶¶2-4 and Exhs. A-B.) Defense counsel did not advise Plaintiff’s counsel that Plaintiff would fail to appear. (Id. at ¶3.) The motion is accompanied by a meet and confer declaration demonstrating that Plaintiff’s counsel reached out to defense counsel and Defendant following the failure to appear. (Motion, Supp. Jurdi Decl., ¶¶2-3.) Neither Defendant nor defense counsel has cooperated to reschedule the deposition. (Ibid.)

Based on the Defendant’s failure to appear for the properly noticed deposition and continuing lack of cooperation in rescheduling, the Motion to Compel Attendance at Deposition and Request for Sanctions is GRANTED. PLAINTIFF TO FILE A PROPOSED ORDER SETTING FORTH THE SPECIFIC DATE, TIME AND LOCATION OF THE DEPOSITION.

Sanctions are warranted pursuant to Code of Civil Procedure, section 2023.030, subdivision (d) and section 2025.450, subdivision (g)(1,) and have been properly noticed. However, the Court finds the amount sought is excessive. Plaintiff’s counsel could have avoided the cost associated with the flight to Las Vegas by confirming Defendant’s attendance in the days prior to the deposition. Sanctions are jointly and severally awarded against Defendant and its attorney of record in the reduced amount of $2,341.56 based on the reasonable attorneys’ fees and costs for bringing this motion. (Motion, Supp. Jurdi Decl., ¶5.) Specifically, three hours of attorney time billed at $385.00 per hour and the $271.56 flight to Las Vegas. (Ibid.) THE SANCTIONS ARE TO BE PAID TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.