This case was last updated from Los Angeles County Superior Courts on 09/29/2021 at 05:33:40 (UTC).

FTC COMMERCIAL CORP., A CALIFORNIA CORPORATION VS GLOBAL BRANDS GROUP, A DELAWARE CORPORATION, ET AL.

Case Summary

On 02/14/2020 FTC COMMERCIAL CORP , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against GLOBAL BRANDS GROUP, A DELAWARE CORPORATION. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1526

  • Filing Date:

    02/14/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

FTC COMMERCIAL CORP. A CALIFORNIA CORPORATION

Defendants

GLOBAL BRANDS GROUP A DELAWARE CORPORATION DBA PACIFIC ALLIANCE

CENTRIC BRANDS A DELAWARE CORPORATION DBA JOE'S JEANS

GLOBAL BRANDS GROUP LLC A NEW YORK LIMITED LIABILITY COMPANY DBA PACIFIC ALLIANCE USA INC.

CENTRIC BRANDS A DELAWARE CORPORATION DBA JOE'S JEANS INC. DBA GLOBAL BRANDS GROUP LLC. DBA PACIFIC ALLIANCE USA INC. DBA DIFFERENTIAL BRANDS GROUP INC. DBA JOE'S JEANS SUBSIDIARY INC.

GBG USA INC. A DELAWARE CORPORATION DBA GLOBAL BRANDS GROUP LLC DBA PACIFIC ALLIANCE USA INC.

PACIFIC ALLIANCE USA INC. A DELAWARE CORPORATION DBA GBG-PACIFIC ALLIANCE DBA GLOBAL BRANDS GROUP LLC

CENTRIC BRANDS A DELAWARE CORPORATION

PACIFIC ALLIANCE USA INC. A DELAWARE CORPORATION

GLOBAL BRANDS GROUP LLC A NEW YORK LIMITED LIABILITY COMPANY

GBG USA INC. A DELAWARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

TABIBI NICO

 

Court Documents

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

4/7/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

5/25/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

5/25/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration of Nico N. Tabibi, Esq. in Support of Plaintiff's Request for Court Judgment

5/26/2021: Declaration (name extension) - Declaration of Nico N. Tabibi, Esq. in Support of Plaintiff's Request for Court Judgment

Trial Brief - Trial Brief

5/26/2021: Trial Brief - Trial Brief

Request for Dismissal - Request for Dismissal

5/26/2021: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration of Leon Neman in Support of Plaintiff's Request for Court Judgment by Default

5/26/2021: Declaration (name extension) - Declaration of Leon Neman in Support of Plaintiff's Request for Court Judgment by Default

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

5/26/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Judgment - Judgment Proposed

8/12/2021: Judgment - Judgment Proposed

Proof of Personal Service - Proof of Personal Service

6/9/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

6/9/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

6/9/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/28/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

3/12/2020: Summons - Summons on Complaint

Amended Complaint - Amended Complaint

3/12/2020: Amended Complaint - Amended Complaint

Complaint - Complaint

2/14/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

2/14/2020: First Amended Standing Order - First Amended Standing Order

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

2/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 08/12/2021
  • DocketJudgment Proposed; Signed and Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: CENTRIC BRANDS, a Delaware corporation (Defendant); Global Brands Group LLC, a New York limited liability company (Defendant); GBG USA INC., a Delaware corporation (Defendant) et al.

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  • 08/12/2021
  • DocketDefault judgment by Court entered for Plaintiff FTC COMMERCIAL CORP., a California corporation against Defendant Global Brands Group LLC, a New York limited liability company, Defendant GBG USA INC., a Delaware corporation and Defendant Pacific Alliance USA, Inc., a Delaware corporation on the Amended Complaint (1st) filed by FTC COMMERCIAL CORP., a California corporation on 03/12/2020 for damages of $7,518.00, attorney fees of $541.08, interest of $959.86, and costs of $549.60 for a total of $9,568.54, joint and several.; Other: Interest at the annual rate of 10%

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  • 08/12/2021
  • DocketNon-Jury Trial scheduled for 08/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/12/2021

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  • 08/12/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/12/2021

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  • 06/02/2021
  • DocketUpdated -- Pursuant to the Request for Dismissal filed by FTC COMMERCIAL CORP., a California corporation on 05/26/2021, Doe(s) 1-50 & 5th Cause of Action on First Amended Complaint and CENTRIC BRANDS, a Delaware corporation in Amended Complaint (1st) filed by FTC COMMERCIAL CORP., a California corporation on 03/12/2020 is dismissed without prejudice. La Does Comment changed from 1-59 & 5th Cause of Action on First Amended Complaint to 1-50 & 5th Cause of Action on First Amended Complaint

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  • 05/26/2021
  • DocketDeclaration of Leon Neman in Support of Plaintiff's Request for Court Judgment by Default; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff)

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  • 05/26/2021
  • DocketDeclaration of Nico N. Tabibi, Esq. in Support of Plaintiff's Request for Court Judgment; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff)

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  • 05/26/2021
  • DocketTrial Brief; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff)

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  • 05/26/2021
  • DocketRequest for Dismissal; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: CENTRIC BRANDS, a Delaware corporation (Defendant)

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  • 05/26/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff)

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19 More Docket Entries
  • 03/12/2020
  • DocketSummons on Complaint; Issued and Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: CENTRIC BRANDS, a Delaware corporation (Defendant)

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  • 03/12/2020
  • DocketAmended Complaint; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: CENTRIC BRANDS, a Delaware corporation (Defendant); Global Brands Group LLC, a New York limited liability company (Defendant); GBG USA INC., a Delaware corporation (Defendant) et al.

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  • 02/18/2020
  • DocketNon-Jury Trial scheduled for 08/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 02/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/18/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/14/2020
  • DocketComplaint; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: GLOBAL BRANDS GROUP, a Delaware corporation (Defendant); CENTRIC BRANDS, a Delaware corporation (Defendant)

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  • 02/14/2020
  • DocketSummons on Complaint; Issued and Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: GLOBAL BRANDS GROUP, a Delaware corporation (Defendant); CENTRIC BRANDS, a Delaware corporation (Defendant)

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  • 02/14/2020
  • DocketCivil Case Cover Sheet; Filed by: FTC COMMERCIAL CORP., a California corporation (Plaintiff); As to: GLOBAL BRANDS GROUP, a Delaware corporation (Defendant); CENTRIC BRANDS, a Delaware corporation (Defendant)

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  • 02/14/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/14/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01526    Hearing Date: April 7, 2021    Dept: 25

HEARING DATE: Wed., April 7, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: FTC Commercial Corp. v. Global Brands Group, et al.

CASE NUMBER: 20STLC01526 COMPL. FILED: 02-14-20

NOTICE: OK DISC. C/O: 07-14-21

DISC. MOT. C/O: 07-29-21

TRIAL DATE: 08-13-21

PROCEEDINGS: MOTION FOR ORDER THAT THE TRUTH OF MATTERS SPECIFIED IN FIRST SETS OF REQUESTS FOR ADMISSIONS PROPOUNDED ON ALL DEFENDANTS BE DEEMED ADMITTED

MOVING PARTY: Plaintiff FTC Commercial Corp.

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff FTC Commercial Corp.’s Motion for Order that the Truth of Matters Specified in First Sets of Requests for Admissions Propounded on All Defendants be Deemed Admitted is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff pays an additional three filing fees. Otherwise, the hearing will be CONTINUED TO MAY 26, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE to allow Plaintiff an opportunity to pay said filing fees. If continued, failure to pay the requisite filing fees will result in the Motion being placed off calendar or 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 April 5, 2021 [ ] Late [X] None

REPLY: None filed as of April 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 14, 2020, Plaintiff FTC Commercial Corp. (“Plaintiff”) filed an action against Defendants Global Brands Group dba Pacific Alliance and Centric Brands dba Joe’s Jeans. Plaintiff filed a First Amended Complaint (the “FAC”) against Global Brands Group, LLC dba Pacific Alliance USA, Inc. (“Global Brands”), GBG USA, Inc. dba Global Brands Group, LLC (“GBG USA”), Pacific Alliance USA, Inc. dba GBG Pacific Alliance dba Global Brands Group, LLC (“Pacific Alliance”), and Centric Brands, Inc. dba Global Brands, Group, LLC dba Pacific Alliance USA, Inc. dba Differential Brands Group, Inc. dba Joe’s Jeans Subsidiary, Inc. dba Joe’s Jeans, Inc. (“Centric Brands”).

Plaintiff filed the instant Motion for Order that the Truth of Matters Specified in Plaintiff’s First Sets of Requests for Admissions Propounded on all Defendants be Deemed Admitted (the “Motion”) on March 1, 2021. No opposition has been filed.

  1. Legal Standard & Discussion

A. Requests for Admission

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, Set One, on December 30, 2020 via regular mail. (Mot., Tabibi Decl., ¶ 2, Exhs. 1-4.) As of the date this Motion was filed, no Defendant had yet served any responses to the discovery requests. Thus, an order deeming the Requests for Admission, Set One, admitted against each Defendant is appropriate. (Code Civ. Proc., § 2033.280.)

Although inclined to grant Plaintiff’s request, the Court notes Plaintiff filed four requests for relief as a single Motion. Combining discovery motions allows the moving party to avoid paying the requisite filing fees. Filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Here, Plaintiff has only paid one filing fee for what should have been four separate motions.

In the interest of judicial economy, the instant Motion is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff pays an additional three filing fees. Otherwise, the hearing will be CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff FTC Commercial Corp.’s Motion for Order that the Truth of Matters Specified in First Sets of Requests for Admissions Propounded on All Defendants be Deemed Admitted is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff pays an additional three filing fees. Otherwise, the hearing will be CONTINUED TO MAY 26, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE to allow Plaintiff an opportunity to pay said filing fees. If continued, failure to pay the requisite filing fees will result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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