This case was last updated from Los Angeles County Superior Courts on 10/30/2020 at 07:47:49 (UTC).

OXFORD INTERNATIONAL, INC., A CALIFORNIA CORPORATION VS VANOUNOU CLOTHING, INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 02/19/2020 OXFORD INTERNATIONAL, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against VANOUNOU CLOTHING, INC , A CALIFORNIA 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1650

  • Filing Date:

    02/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

OXFORD INTERNATIONAL INC. A CALIFORNIA CORPORATION

Defendants

VANOUNOU ZION

VANOUNOU CLOTHING INC. A CALIFORNIA CORPORATION

VANOUNOU MOSHE

NEW CLOTHING LLC A CALIFORNIA LIMITED LIABILITY COMPANY

NEW CLOTHING CO. LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

TABIBI NICO

 

Court Documents

Supplemental Declaration (name extension) - Supplemental Declaration of Nico N. Tabibi, Esq. In Support of Plaintiff's Motions for Order to Deem Plaintiff's First Sets of Requests for Admissions Propo

10/19/2020: Supplemental Declaration (name extension) - Supplemental Declaration of Nico N. Tabibi, Esq. In Support of Plaintiff's Motions for Order to Deem Plaintiff's First Sets of Requests for Admissions Propo

Notice of Ruling - Notice of Ruling

10/19/2020: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration OF ZION VANOUNOUDATE

9/25/2020: Declaration (name extension) - Declaration OF ZION VANOUNOUDATE

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

9/28/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice (name extension) - Notice of Hearing Re: Motion of Plaintiff for Order that the Truth of the Matters Specified in Plaintiff's First Set of Requests for Admissions be Deemed Admitted, or, Altern

8/5/2020: Notice (name extension) - Notice of Hearing Re: Motion of Plaintiff for Order that the Truth of the Matters Specified in Plaintiff's First Set of Requests for Admissions be Deemed Admitted, or, Altern

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

6/24/2020: 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 Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

6/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

6/24/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Court Order Re: Motions to Compel)

7/9/2020: Minute Order - Minute Order (Court Order Re: Motions to Compel)

Proof of Personal Service - Proof of Personal Service

5/6/2020: Proof of Personal Service - Proof of Personal Service

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

4/20/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Personal Service - Proof of Personal Service

3/25/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

3/25/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

3/25/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

2/19/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/19/2020: First Amended Standing Order - First Amended Standing Order

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

2/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

2/19/2020: Complaint - Complaint

10 More Documents Available

 

Docket Entries

  • 02/22/2023
  • Hearing02/22/2023 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

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  • 08/18/2021
  • Hearing08/18/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/12/2020
  • Hearing11/12/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 11/12/2020
  • Hearing11/12/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 11/12/2020
  • Hearing11/12/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 10/19/2020
  • DocketNotice of Ruling; Filed by: Oxford International, Inc., a California corporation (Plaintiff)

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  • 10/19/2020
  • DocketSupplemental Declaration of Nico N. Tabibi, Esq. In Support of Plaintiff's Motions for Order to Deem Plaintiff's First Sets of Requests for Admissions Propounded on Each Defendant Admitted; Filed by: Oxford International, Inc., a California corporation (Plaintiff)

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  • 09/28/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Moshe Vanounou scheduled for 11/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 09/28/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Vanounou Clothing, Inc., a California corporation scheduled for 11/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 09/28/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Zion Vanounou scheduled for 11/12/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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24 More Docket Entries
  • 03/25/2020
  • DocketProof of Personal Service; Filed by: Oxford International, Inc., a California corporation (Plaintiff); As to: New Clothing, LLC, a California limited liability company (Defendant); Service Date: 02/28/2020; Service Cost Waived: No

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  • 03/25/2020
  • DocketProof of Personal Service; Filed by: Oxford International, Inc., a California corporation (Plaintiff); As to: Moshe Vanounou (Defendant); Service Date: 02/28/2020; Service Cost Waived: No

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  • 02/20/2020
  • DocketNon-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/19/2020
  • DocketComplaint; Filed by: Oxford International, Inc., a California corporation (Plaintiff); As to: Vanounou Clothing, Inc., a California corporation (Defendant); New Clothing, LLC, a California limited liability company (Defendant); Moshe Vanounou (Defendant) et al.

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  • 02/19/2020
  • DocketSummons on Complaint; Issued and Filed by: Oxford International, Inc., a California corporation (Plaintiff); As to: Vanounou Clothing, Inc., a California corporation (Defendant); New Clothing, LLC, a California limited liability company (Defendant); Moshe Vanounou (Defendant) et al.

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  • 02/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Oxford International, Inc., a California corporation (Plaintiff); As to: Vanounou Clothing, Inc., a California corporation (Defendant); New Clothing, LLC, a California limited liability company (Defendant); Moshe Vanounou (Defendant) et al.

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  • 02/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01650    Hearing Date: September 28, 2020    Dept: 25

HEARING DATE: Mon., September 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Oxford International, Inc. v. Vanounou Clothing, Inc., et al.

CASE NUMBER: 20STLC01650 COMPL. FILED: 02-19-20

NOTICE: NO (¿ Vanounou Clothing, Inc.) DISC. C/O: 07-19-21

DISC. MOT. C/O: 08-03-21

TRIAL DATE: 08-18-21

PROCEEDINGS: (1, 2, & 3) MOTION FOR ORDER THAT THE TRUTH OF MATTERS SPECIFIED IN PLAINTIFF’S FIRST SETS OF REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANTS ZION VANOUNOU, VANOUNOU CLOTHING, INC., AND MOSHE VANOUNOU BE DEEMED ADMITTED

MOVING PARTY: Plaintiff Oxford International, Inc.

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Oxford International, Inc.’s motions to deem Requests for Admission, Set One, admitted are CONTINUED TO NOV 12, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motions being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[ ] Correct Address (CCP §§ 1013, 1013a) NO (¿ Vanounou Clothing)

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of September 23, 2020 [ ] Late [X] None

REPLY: None filed as of September 23, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 19, 2020, Plaintiff Oxford International, Inc. (“Plaintiff”) filed this action for breach of contract, open account, account stated, goods sold and delivered, conversion, claim and delivery, bad check, and promise without intent to perform against Defendants Vanounou Clothing, Inc. (“Vanounou Clothing”), New Clothing, LLC, Moshe Vanounou (“Moshe”), and Zion Vanounou (“Zion”) (collectively, “Defendants”). Defendants Vanounou Clothing, Moshe, and Zion were personally served with the Summons and Complaint on February 28, 2020. (3/25/20 Proofs of Service.) No defendant has yet filed an answer.

On June 24, 2020, Plaintiff filed the instant (1) Motion for Order that the Truth of Matters Specified in Plaintiff’s First Sets of Requests for Admissions Propounded on Defendant Zion Vanounou be Deemed Admitted; (2) Motion for Order that the Truth of Matters Specified in Plaintiff’s First Sets of Requests or Admissions Propounded on Defendant Vanounou Clothing, Inc. be Deemed Admitted; and (3) Motion for Order that the Truth of Matters Specified in Plaintiff’s First Sets of Requests for Admissions Propounded on Defendant Moshe Vanounou be Deemed Admitted (collectively, the “Motions”).

To date, no oppositions have been filed.

  1. Legal Standard & Discussion

“A plaintiff may make requests for admission by a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.” (Code Civ. Proc., § 2033.020, subd. (b).) 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.)

If served by mail, the notice or other paper shall be mailed to “the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party’s place of residence.” (Code Civ. Proc., § 1013, subd. (a).) (Italics added.)

Defendants Moshe and Zion have not appeared in this action. Thus, service of this Motion must be made at their residential address. (Id.) However, it is not clear from Plaintiff’s proofs of service whether the address at which Defendants Moshe and Zion were served with these Motions is their residential address. In addition, the proof of service filed for Defendant Vanounou Clothing is incomplete. Specifically, it does not include the address at which it was served. (Vanounou Clothing Mot., Proof of Service.)

Furthermore, the Court notes that Plaintiff did not submit a copy of the Requests for Admission propounded to Defendant Zion. Instead, the Motion to Compel as to Defendant Zion includes a copy of the Requests for Admission served on Defendant Vanounou Clothing. (Zion Mot., Tabibi Decl., Exh. 1.) Without a copy, the Court is unable to determine whether Defendant Zion was served with Requests for Admission.

Thus, Plaintiff is ordered to file and serve supplemental papers addressing the errors noted above before the Court can make a ruling on the discovery Motions.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Oxford International, Inc.’s motions to deem Requests for Admission, Set One, admitted are CONTINUED TO NOV 12, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motions being placed off calendar or denied.

Moving party is ordered to give notice.