This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 12:16:09 (UTC).

KC JEWELRY INC VS DESIGNS OF ELEGANCE LLC

Case Summary

On 01/18/2018 a Contract - Other Contract case was filed by KC JEWELRY INC against DESIGNS OF ELEGANCE LLC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0993

  • Filing Date:

    01/18/2018

  • 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

ELAINE LU

 

Party Details

Plaintiff and Cross Defendant

KC JEWELRY INC

Defendants and Cross Plaintiffs

ANDERSON WILLIAM

DESIGNS OF ELEGANCE LLC.

YEAGER SUSAN

 

Court Documents

Proof of Personal Service - Proof of Personal Service

10/29/2018: Proof of Personal Service - Proof of Personal Service

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

1/15/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice (name extension) - Notice of Ruling at Hearing on Plaintiff's Motions to Compel Responses of Defendant/Cross-Complainant William Anderson, an individual, to Plaintiff's First Set of Discovery,

5/28/2019: Notice (name extension) - Notice of Ruling at Hearing on Plaintiff's Motions to Compel Responses of Defendant/Cross-Complainant William Anderson, an individual, to Plaintiff's First Set of Discovery,

Ex Parte Application (name extension) - Ex Parte Application to Shorten Briefing scheduule or in the alternative to continue trial

7/2/2019: Ex Parte Application (name extension) - Ex Parte Application to Shorten Briefing scheduule or in the alternative to continue trial

Notice of Ruling - Notice of Ruling

7/3/2019: Notice of Ruling - Notice of Ruling

Motion re: (name extension) - Motion re: for Issuance of order imposing terminating evidentiary or issue sanctions against Defendant William Anderson an individual for violating this court's order of

7/10/2019: Motion re: (name extension) - Motion re: for Issuance of order imposing terminating evidentiary or issue sanctions against Defendant William Anderson an individual for violating this court's order of

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

10/16/2018: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Cross-Complaint

3/14/2018: Cross-Complaint

Answer

3/14/2018: Answer

Proof of Personal Service

2/20/2018: Proof of Personal Service

Request for Entry of Default / Judgment

3/19/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

4/11/2018: Notice of Rejection Default/Clerk's Judgment

Proof of Personal Service

2/9/2018: Proof of Personal Service

Proof of Personal Service

2/9/2018: Proof of Personal Service

Summons - on Complaint

1/18/2018: Summons - on Complaint

Complaint

1/18/2018: Complaint

22 More Documents Available

 

Docket Entries

  • 01/21/2021
  • 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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  • 11/27/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

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  • 11/19/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/10/2019
  • DocketMotion re: for Issuance of order imposing terminating evidentiary or issue sanctions against Defendant William Anderson an individual for violating this court's order of feburary 19 2019 etc; Filed by: KC Jewelry Inc (Plaintiff); As to: William Anderson (Defendant)

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  • 07/10/2019
  • DocketPursuant to the request of moving party, Hearing on Motion - Other for Issuance of Order Granting Issue, Evidentiary, and Terminating Sanctions in favor of Plaintiff against Defendant William Anderson scheduled for 07/11/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Party was rescheduled to 11/27/2019 08:30 AM

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  • 07/10/2019
  • DocketHearing on Motion - Other for Issuance of Order Granting Issue, Evidentiary, and Terminating Sanctions in favor of Plaintiff against Defendant William Anderson scheduled for 11/27/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2019
  • DocketUpdated -- Ex Parte Application to Shorten Briefing scheduule or in the alternative to continue trial: Filed By: KC Jewelry Inc (Plaintiff); Result: Granted in Part; Result Date changed from 07/02/2019 to 07/03/2019

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  • 07/03/2019
  • DocketNon-Jury Trial scheduled for 11/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2019
  • DocketNotice of Ruling; Filed by: KC Jewelry Inc (Plaintiff)

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  • 07/03/2019
  • DocketOrder [Proposed]; Signed and Filed by: KC Jewelry Inc (Plaintiff)

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38 More Docket Entries
  • 02/09/2018
  • DocketProof of Personal Service; Filed by: KC Jewelry Inc (Plaintiff); As to: Susan Yeager (Defendant); Service Date: 01/31/2018; Service Cost: 0.00; Service Cost Waived: No

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  • 01/19/2018
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 01/19/2018
  • DocketUpdated -- Designs Of Elegance LLC. (Defendant): Organization Name changed from Designs Of Elegance Llc to Designs Of Elegance LLC.

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  • 01/18/2018
  • DocketComplaint; Filed by: KC Jewelry Inc (Plaintiff); As to: Designs Of Elegance Llc (Defendant)

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  • 01/18/2018
  • DocketCivil Case Cover Sheet; Filed by: KC Jewelry Inc (Plaintiff)

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  • 01/18/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/18/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/18/2018
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 01/18/2018
  • DocketNon-Jury Trial scheduled for 07/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 01/18/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 01/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC00993    Hearing Date: December 16, 2019    Dept: 94

TENTATIVE RULING: 

Plaintiff KC Jewelry, Inc.’s Motion for Terminating, Issue or Evidentiary Sanctions Against Defendant / Cross-Complaint William Anderson is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO EVIDENTIARY AND ISSUE SANCTIONS. THE COURT HEREBY STRIKES DEFENDANT ANDERSON’S ANSWER AND DISMISSES THE CROSS-COMPLAINT WITH PREJUDICE.

ANALYSIS:

Plaintiff KC Jewelry, Inc. (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendants Designs of Elegance, LLC, William Anderson (“Defendant Anderson”) and Susan Yeager on January 18, 2018. On March 14, 2018, Defendant Anderson filed a Cross-Complaint for account stated and conversion against Plaintiff.

On February 19, 2019, the Court granted Plaintiff’s Motions to Compel Defendant Anderson’s responses to interrogatories and requests for production. (Minute Order, dated 2/19/19.) Plaintiff filed the instant motion for terminating sanctions on July 10, 2019. To date, no opposition has been filed.

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.)  Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules.  (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.)  “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.”  (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.)  The court may impose a terminating sanction by one of the following orders:

(1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process.

(2) An order staying further proceedings by that party until an order for discovery is obeyed.

(3) An order dismissing the action, or any part of the action, of that party.

(4) An order rendering a judgment by default against that party.

(Code Civ. Proc., § 2023.030, subd. (d).)

The court finds that terminating sanctions are warranted here. Following the Court’s ruling regarding Defendant Anderson’s discovery, Plaintiff served notice of the order. (Notice of Ruling, filed 5/28/19.) Despite the Court’s order, Defendant Anderson never served responses to the discovery requests. (Motion, Tabibi Decl., ¶4.) Given the notice provided, the Court finds this to be a willful failure to comply with the February 19, 2019 order. Furthermore, although Defendant Anderson was properly served with the instant Motion for Sanctions, he has not opposed it. Although terminating sanctions are a harsh penalty, the above evidence demonstrates that Defendant Anderson’s compliance with the Court’s orders cannot be achieved through lesser sanctions.

Plaintiff KC Jewelry, Inc.’s Motion for Terminating, Issue or Evidentiary Sanctions Against Defendant / Cross-Complaint William Anderson is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO EVIDENTIARY AND ISSUE SANCTIONS. THE COURT HEREBY STRIKES DEFENDANT ANDERSON’S ANSWER AND DISMISSES THE CROSS-COMPLAINT WITH PREJUDICE.

Moving party to give notice.