This case was last updated from Los Angeles County Superior Courts on 04/24/2021 at 00:38:34 (UTC).

DAVID YANES VS BMBG INVESTMENTS, LLC

Case Summary

On 10/24/2019 DAVID YANES filed a Property - Other Real Property lawsuit against BMBG INVESTMENTS, LLC. 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:

    *******9869

  • Filing Date:

    10/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

YANES DAVID DBA COMMERCIAL CITYWIDE ROOFING & ASPHALT CO.

Defendant

BMBG INVESTMENTS LLC

Attorney/Law Firm Details

Plaintiff Attorney

WEISSMAN ROBERT

Defendant Attorney

RYAN PETER J

 

Court Documents

Declaration (name extension) - Declaration Omnibus Declaration of Peter J. Ryan in Support of Defendant's Notice of Motion and Motion to Compel Responses to Interrogatories and Request for Production

12/2/2020: Declaration (name extension) - Declaration Omnibus Declaration of Peter J. Ryan in Support of Defendant's Notice of Motion and Motion to Compel Responses to Interrogatories and Request for Production

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO BMBG INVESTMENTS, LLC's FORM AND SPECIAL INTERROGATORIES TO DAVID YANES AND REQUEST FOR MONETARY

12/2/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO BMBG INVESTMENTS, LLC's FORM AND SPECIAL INTERROGATORIES TO DAVID YANES AND REQUEST FOR MONETARY

Declaration (name extension) - Declaration OMNIBUS DECLARATION OF PETER J. RYAN IN SUPPORT OF DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION

12/2/2020: Declaration (name extension) - Declaration OMNIBUS DECLARATION OF PETER J. RYAN IN SUPPORT OF DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION

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

12/2/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

12/3/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

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

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

3/24/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Deem Admitted BMBG Investments, LLC's Requests for Admission to David Yanes; Memorandum of Points and Authorities;

3/30/2021: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Deem Admitted BMBG Investments, LLC's Requests for Admission to David Yanes; Memorandum of Points and Authorities;

Declaration (name extension) - Declaration Declaration of Peter J. Ryan in Support of Defendant's Ex Parte Application to Deem Admitted Defendant's Request for Admission

3/30/2021: Declaration (name extension) - Declaration Declaration of Peter J. Ryan in Support of Defendant's Ex Parte Application to Deem Admitted Defendant's Request for Admission

Declaration (name extension) - Declaration of Robert A. Weissman In Opposition to Ex Parte Application

4/1/2021: Declaration (name extension) - Declaration of Robert A. Weissman In Opposition to Ex Parte Application

Declaration (name extension) - Declaration DECLARATION OF PETER J. RYAN IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION TO DEEM ADMITTED DEFENDANT'S REQUESTS FOR ADMISSION

4/5/2021: Declaration (name extension) - Declaration DECLARATION OF PETER J. RYAN IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION TO DEEM ADMITTED DEFENDANT'S REQUESTS FOR ADMISSION

Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION TO DEEM ...)

4/7/2021: Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION TO DEEM ...)

Notice of Ruling - Notice of Ruling

4/20/2021: Notice of Ruling - Notice of Ruling

Answer - Answer

5/27/2020: Answer - Answer

Summons - Summons on Complaint

10/24/2019: Summons - Summons on Complaint

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

10/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

10/24/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

10/24/2019: First Amended Standing Order - First Amended Standing Order

14 More Documents Available

 

Docket Entries

  • 10/27/2022
  • Hearing10/27/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 11/03/2021
  • Hearing11/03/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 04/20/2021
  • DocketNotice of Ruling; Filed by: BMBG Investments, LLC (Defendant)

    Read MoreRead Less
  • 04/07/2021
  • DocketUpdated -- Ex Parte Application EX PARTE APPLICATION TO DEEM ADMITTED BMBG INVESTMENTS, LLC's REQUESTS FOR ADMISSION TO DAVID YANES OR ALTERNATIVELY TO SET DATES FOR FORMALLY NOTICES MOTIONS TO COMPEL RESEPONSES TO BMBG INVESTMENTS, LLC's SPECIAL INTERROGATORIES ETC.: Filed By: BMBG Investments, LLC (Defendant); Result: Denied; Result Date: 04/07/2021

    Read MoreRead Less
  • 04/07/2021
  • DocketNon-Jury Trial scheduled for 11/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/07/2021
  • DocketMinute Order (Hearing on Ex Parte Application EX PARTE APPLICATION TO DEEM ...)

    Read MoreRead Less
  • 04/07/2021
  • DocketHearing on Ex Parte Application EX PARTE APPLICATION TO DEEM ADMITTED BMBG INVESTMENTS, LLC's REQUESTS FOR ADMISSION TO DAVID YANES OR ALTERNATIVELY TO SET DATES FOR FORMALLY NOTICES MOTIONS TO COMPEL RESEPONSES TO BMBG INVESTMENTS, LLC's SPECIAL INTERROGATORIES ETC. scheduled for 04/07/2021 at 01:30 PM in Spring Street Courthouse at Department 25 updated: Result Date to 04/07/2021; Result Type to Held

    Read MoreRead Less
  • 04/07/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 04/22/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/03/2021 08:30 AM

    Read MoreRead Less
  • 04/06/2021
  • DocketHearing on Ex Parte Application EX PARTE APPLICATION TO DEEM ADMITTED BMBG INVESTMENTS, LLC's REQUESTS FOR ADMISSION TO DAVID YANES OR ALTERNATIVELY TO SET DATES FOR FORMALLY NOTICES MOTIONS TO COMPEL RESEPONSES TO BMBG INVESTMENTS, LLC's SPECIAL INTERROGATORIES ETC. scheduled for 04/07/2021 at 01:30 PM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/05/2021
  • DocketEx Parte Application EX PARTE APPLICATION TO DEEM ADMITTED BMBG INVESTMENTS, LLC's REQUESTS FOR ADMISSION TO DAVID YANES OR ALTERNATIVELY TO SET DATES FOR FORMALLY NOTICES MOTIONS TO COMPEL RESEPONSES TO BMBG INVESTMENTS, LLC's SPECIAL INTERROGATORIES ETC. Filed by: BMBG Investments, LLC (Defendant); As to: David Yanes (Plaintiff)

    Read MoreRead Less
31 More Docket Entries
  • 12/02/2020
  • DocketDeclaration Omnibus Declaration of Peter J. Ryan in Support of Defendant's Notice of Motion and Motion to Compel Responses to Interrogatories and Request for Production of Documents and to Deem Admitted Defendant's Request for Admissions; Filed by: BMBG Investments, LLC (Defendant)

    Read MoreRead Less
  • 05/27/2020
  • DocketAnswer; Filed by: BMBG Investments, LLC (Defendant)

    Read MoreRead Less
  • 10/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/25/2019
  • DocketNon-Jury Trial scheduled for 04/22/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/25/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 10/24/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 10/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 10/24/2019
  • DocketCivil Case Cover Sheet; Filed by: David Yanes (Plaintiff); As to: BMBG Investments, LLC (Defendant)

    Read MoreRead Less
  • 10/24/2019
  • DocketSummons on Complaint; Issued and Filed by: David Yanes (Plaintiff); As to: BMBG Investments, LLC (Defendant)

    Read MoreRead Less
  • 10/24/2019
  • DocketComplaint; Filed by: David Yanes (Plaintiff); As to: BMBG Investments, LLC (Defendant)

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC09869    Hearing Date: March 24, 2021    Dept: 25

HEARING DATE: Wed., March 24, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Yanes v. BMBG Investments, LLC COMPL. FILED: 10-24-19

CASE NUMBER: 19STLC09869 DISC. C/O: 03-23-21

NOTICE: OK DISC. MOT. C/O: 04-07-21

TRIAL DATE: 04-22-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Robert A. Weissman

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel Robert A. Weissman’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

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 March 22, 2021 [ ] Late [X] None

REPLY: None filed as of March 22, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 24, 2019, Plaintiff David Yanes (“Plaintiff”) filed an action against Defendant BMBG Investments, LLC (“Defendant”) for breach of contract, foreclosure of mechanic’s lien, and quantum meruit. On May 27, 2020, Defendant filed an Answer.

Plaintiff’s Counsel Robert A. Weissman (“Counsel”) filed the instant Motion to be Relieved as Counsel on December 3, 2020. No opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved because Plaintiff failed to respond to discovery, failed to pay attorney’s fees for almost one year, and has ceased communication with Counsel. (MC-052, ¶ 2.) Counsel served this Motion at Plaintiff’s last known address, which was confirmed as current via telephone with Plaintiff’s family member at most 30 days before filing. (Id. at ¶ 3(b).) Counsel also states he has regularly mailed correspondence to Plaintiff’s last known address and no items have been returned. (Id.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivisions (a) and (c)-(e). Although trial is set to begin next month, Plaintiff did not file an opposition despite being served with the Motion in early December both electronically and by email. (Mot., Proof of Service.)

Accordingly, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Robert A. Weissman’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

Plaintiff’s Counsel is ordered to give notice.

Case Number: 19STLC09869    Hearing Date: February 02, 2021    Dept: 25

HEARING DATE: Tue., February 2, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Yanes v. BMBG Investments, LLC COMPL. FILED: 10-24-19

CASE NUMBER: 19STLC09869 DISC. C/O: 03-23-21

NOTICE: OK DISC. MOT. C/O: 04-07-21

TRIAL DATE: 04-22-21

PROCEEDINGS: (1) MOTION TO COMPEL RESPONSES TO DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

(2) MOTION TO COMPEL RESPONSES TO DEFENDANT’S FORM AND SPECIAL INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS

MOVING PARTY: Defendant BMBG Investments, LLC

RESP. PARTY: None

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant BMBG Investments, LLC’s (1) Motion to Compel Responses to Defendant’s Request for Production of Documents and Request for Monetary Sanctions and (2) Motion to Compel Responses to Defendant’s Form and Special Interrogatories and Request for Monetary Sanctions are DENIED.

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 January 29, 2021 [ ] Late [X] None

REPLY: None filed as of January 29, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 24, 2019, Plaintiff David Yanes (“Plaintiff”) filed an action against Defendant BMBG Investments, LLC (“Defendant”) for breach of contract, foreclosure of mechanic’s lien, and quantum meruit. On May 27, 2020, Defendant filed an Answer.

Defendant filed the instant (1) Motion to Compel Responses to Defendant’s Request for Production of Documents and Request for Sanctions and (2) Motion to Compel Responses to Form and Special Interrogatories and Request for Sanctions (collectively, the “Motions”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Request for Production & Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant served Request for Production of Documents, Set One, Special Interrogatories, Set One, and Form Interrogatories – Construction Litigation, Set One, on July 24, 2020. (Omnibus Ryan Decl., ¶¶ 4, 5, Exhs. 2, 4, 5.) However, the Court notes the propounded discovery exceeds what is permitted in limited civil actions. Specifically, Code of Civil Procedure section 94 provides that a propounding party may serve any combination of 35 interrogatories, demands to produce documents, and requests for admission. (Code Civ. Proc., subd. (a)(1)-(3).) Here, the number of requests for production and interrogatories propounded to Plaintiff exceed what is permitted in limited jurisdiction court.

As Defendant has not complied with the discovery limits imposed by Section 94, the Motions are DENIED.

  1. Conclusion & Order

For the foregoing reasons, Defendant BMBG Investments, LLC’s (1) Motion to Compel Responses to Defendant’s Request for Production of Documents and Request for Monetary Sanctions and (2) Motion to Compel Responses to Defendant’s Form and Special Interrogatories and Request for Monetary Sanctions are DENIED.

Moving party is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where BMBG INVESTMENTS LLC is a litigant

Latest cases represented by Lawyer RYAN PETER J