This case was last updated from Los Angeles County Superior Courts on 02/23/2021 at 01:50:30 (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

Certificate of Mailing for - Certificate of Mailing for (Hearing on Plaintiff Oxford International, Inc.'s Motion for ...) of 01/11/2021

1/11/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Plaintiff Oxford International, Inc.'s Motion for ...) of 01/11/2021

Minute Order - Minute Order (Hearing on Plaintiff Oxford International, Inc.'s Motion for ...)

1/11/2021: Minute Order - Minute Order (Hearing on Plaintiff Oxford International, Inc.'s Motion for ...)

Declaration (name extension) - Declaration OF NICO N. TABIBI, ESQ., IN REPLY TO OPPOSITION TO MOTION TO DEEM ADMISSIONS ADMITTED

12/23/2020: Declaration (name extension) - Declaration OF NICO N. TABIBI, ESQ., IN REPLY TO OPPOSITION TO MOTION TO DEEM ADMISSIONS ADMITTED

Notice of Ruling - Notice of Ruling

12/7/2020: Notice of Ruling - Notice of Ruling

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

12/2/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Minute Order - Minute Order (Court Order)

11/6/2020: Minute Order - Minute Order (Court Order)

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

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

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

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

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

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

23 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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  • 02/03/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 02/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Moshe Vanounou scheduled for 02/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/03/2021; Result Type to Held

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  • 02/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Vanounou Clothing, Inc., a California corporation scheduled for 02/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/03/2021; Result Type to Held

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  • 02/03/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Zion Vanounou scheduled for 02/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/03/2021; Result Type to Held

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  • 01/11/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Moshe Vanounou scheduled for 02/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/11/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Vanounou Clothing, Inc., a California corporation scheduled for 02/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/11/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") as to Zion Vanounou scheduled for 02/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/11/2021
  • DocketMinute Order (Hearing on Plaintiff Oxford International, Inc.'s Motion for ...)

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55 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: February 03, 2021    Dept: 25

HEARING DATE: Wed., February 3, 2021 JUDGE /DEPT: Blancarte/25

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

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

NOTICE: OK 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: Defendants Zion Vanounou and Moshe Vanounou, in pro per

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Oxford International, Inc.’s Motions to deem Requests for Admission admitted are DENIED AS MOOT as to Defendants Zion Vanounou and Moshe Vanounou and GRANTED as to Defendant Vanounou Clothing, Inc. Plaintiff’s request for sanctions is also GRANTED in the amount of $630.00 to be paid within thirty (30) days’ notice of this order.

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: Filed on November 30, 2020 [ ] Late [ ] None

REPLY: Filed on December 23, 2020 [ ] Late [ ] 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 (“New Clothing”), 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.) On November 30, 2020, Defendants Zion and Moshe 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 (the “Zion Motion”); (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 (the “Vanounou Clothing Motion”); 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 (the “Moshe Motion”) (collectively, the “Motions”).

At the initial September 28, 2020 hearing, the Court noted some defects in the Motions and ordered Plaintiff to file supplemental papers. (9/28/20 Minute Order.) Plaintiff filed supplemental papers on October 19, 2020.

Defendants Zion and Moshe each filed an Answer, in pro per, to the Complaint and an Opposition to the discovery motions on November 30, 2020. Defendant Vanounou Clothing did not file an answer or opposition. On December 23, 2020, Plaintiff’s counsel filed a declaration in Reply.

  1. Legal Standard & Discussion

  1. Requests for Admission

“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.)

Here, Plaintiff served Defendants Zion, Moshe, and Vanounou Clothing with Requests for Admission on April 17, 2020. (Motions, Tabibi Decls., ¶¶ 2, Exhs. 1; 10/19/20 Supp. Tabibi Decl., ¶ 5, Exh. 5.) In their Oppositions, Defendants Zion and Moshe submit proof they served responses to the Requests for Admission on November 24, 2020 via regular mail. (Oppositions, Moshe Decl., ¶ 2, Exh. A, Zion Decl., ¶ 2, Exh. A.) Thus, Plaintiff’s request to deem the Requests for Admission admitted against Defendants Zion and Moshe are DENIED AS MOOT. (Code Civ. Proc., § 2033.280, subd. (c). However, Defendant Vanounou Clothing did not serve any responses and did not file any opposition. (Vanounou Clothing Mot., Tabibi Decl., ¶¶ 3-4.) Thus, Plaintiff is entitled to an order deeming the Requests for Admission admitted against Defendant Vanounou Clothing. (Code Civ. Proc., § 2033.280, subd. (c).)

B. Request for Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Defendant Vanounou Clothing’s failure to respond to Plaintiff’s discovery a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction on Defendants Zion, Moshe, and Vanounou Clothing for failing to timely respond to the propounded Requests for Admission under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel states Plaintiff incurred $220.00 in filing fees and $630.00 for 1.8 hours of attorney time billed at $350.00 per hour. (12/23/20 Tabibi Supp. Decl., ¶ 5.) However, Plaintiff only seeks $630.00 in sanctions. (Id.) The Court finds Plaintiff’s request is reasonable and is thus GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Oxford International, Inc.’s Motions to deem Requests for Admission admitted are DENIED AS MOOT as to Defendants Zion Vanounou and Moshe Vanounou, and GRANTED as to Defendant Vanounou Clothing, Inc. Plaintiff’s request for sanctions is also GRANTED in the amount of $630.00 to be paid within thirty (30) days’ notice of this order.

Moving party is ordered to give notice.

Case Number: 20STLC01650    Hearing Date: December 02, 2020    Dept: 25

HEARING DATE:   Tue., December 2, 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:   OK 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: Defendants  Zion Vanounou and Moshe Vanounou

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

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: Filed on November 30, 2020  [X] Late [   ] None

REPLY: None filed as of November 30, 2020  [   ] Late [X] None

ANALYSIS:

I. Background & Discussion

 

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.) On November 30, 2020, Defendants Zion and Moshe 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”). Defendant Zion, in pro per, filed a declaration on September 25, 2020.

At the initial September 28, 2020 hearing, the Court noted some defects in the Motions and ordered Plaintiff to file supplemental papers. (9/28/20 Minute Order.) Plaintiff filed supplemental papers on October 19, 2020.

On November 30, 2020, Defendants Zion and Moshe filed late Oppositions. However, as it appears the Oppositions were filed at the clerk’s window, not online, they have not yet been made digitally available. Accordingly, Plaintiff’s Motions are CONTINUED to allow the Court time to make the Oppositions digitally available for the Court’s review.

II. Conclusion & Order

For the foregoing reasons, Plaintiff Oxford International, Inc.’s Motions to deem Requests for Admission admitted are CONTINUED TO January 11, 2021 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE to allow the Court time to make Defendants Zion Vanounou and Moshe Vanounou’s oppositions digitally available for the Court’s review.

Moving party is ordered to give notice.

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.