This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 18:05:52 (UTC).

ROMEX TEXTILES, INC. VS MOSH COMPANY, INC.

Case Summary

On 12/21/2017 ROMEX TEXTILES, INC filed a Contract - Other Contract lawsuit against MOSH COMPANY, INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5190

  • Filing Date:

    12/21/2017

  • 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

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

ROMEX TEXTILES INC.

Defendants

GOLAN MOSHE

MOSH COMPANY INC.

Attorney/Law Firm Details

Plaintiff Attorney

TABIBI NICO

Defendant Attorney

NADEL JEFFREY DAVID

 

Court Documents

Order (name extension) - Order CONTINUING TRIAL, REOPENING DISCOVERY AND MOTION CUTOFF

6/14/2019: Order (name extension) - Order CONTINUING TRIAL, REOPENING DISCOVERY AND MOTION CUTOFF

Stipulation (name extension) - No Order - Stipulation - No Order TO CONTINUE THE TRIAL; RE-OPEN DISCOVERY AND MOTION CUT OFF

6/17/2019: Stipulation (name extension) - No Order - Stipulation - No Order TO CONTINUE THE TRIAL; RE-OPEN DISCOVERY AND MOTION CUT OFF

Ex Parte Application (name extension) - Ex Parte Application CONTINUE THE TRIAL; RE-OPEN DISCOVERY AND EXTEND MOTION CUT OFF

6/17/2019: Ex Parte Application (name extension) - Ex Parte Application CONTINUE THE TRIAL; RE-OPEN DISCOVERY AND EXTEND MOTION CUT OFF

Minute Order - Minute Order (Hearing on Ex Parte Application CONTINUE THE TRIAL; RE-OPEN D...)

6/17/2019: Minute Order - Minute Order (Hearing on Ex Parte Application CONTINUE THE TRIAL; RE-OPEN D...)

Minute Order - Minute Order (Hearing on Ex Parte Application CONTINUE THE TRIAL; RE-OPEN D...)

6/19/2019: Minute Order - Minute Order (Hearing on Ex Parte Application CONTINUE THE TRIAL; RE-OPEN D...)

Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

8/12/2019: Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

Reply (name extension) - Reply of Plaintiff Romex Textiles, Inc. to Opposition of Defendant Moshe Golan to Plaintiff's Motion for Order Compelling Further Responses to First Set of Form Interrogatorie

8/19/2019: Reply (name extension) - Reply of Plaintiff Romex Textiles, Inc. to Opposition of Defendant Moshe Golan to Plaintiff's Motion for Order Compelling Further Responses to First Set of Form Interrogatorie

Notice of Ruling

2/15/2018: Notice of Ruling

Separate Statement - Separate Statement

3/15/2019: Separate Statement - Separate Statement

Separate Statement - Separate Statement

3/15/2019: Separate Statement - Separate Statement

Separate Statement - Separate Statement

3/15/2019: Separate Statement - Separate Statement

Order (name extension) - court's ruling on writ of attachment aqpplication

1/30/2018: Order (name extension) - court's ruling on writ of attachment aqpplication

Minute Order - (Hearing on Application for Writ of Attachment)

1/30/2018: Minute Order - (Hearing on Application for Writ of Attachment)

Proof of Personal Service

12/26/2017: Proof of Personal Service

Civil Case Cover Sheet

12/21/2017: Civil Case Cover Sheet

Declaration (name extension) - of Binafard in support of ex parte

12/21/2017: Declaration (name extension) - of Binafard in support of ex parte

Temporary Protective Order

12/21/2017: Temporary Protective Order

Undertaking - for temporary protective order

12/21/2017: Undertaking - for temporary protective order

28 More Documents Available

 

Docket Entries

  • 12/24/2020
  • 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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  • 02/10/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 10/28/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/27/2019
  • 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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  • 08/27/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/27/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/27/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/26/2019
  • 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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  • 08/26/2019
  • 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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  • 08/19/2019
  • DocketReply of Plaintiff Romex Textiles, Inc. to Opposition of Defendant Moshe Golan to Plaintiff's Motion for Order Compelling Further Responses to First Set of Form Interrogatories - Limited Civil Cases from Defendant Moshe Golan; Filed by: Romex Textiles, Inc. (Plaintiff)

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65 More Docket Entries
  • 12/21/2017
  • DocketHearing on Application for Writ of Attachment scheduled for 01/30/2018 at 09:30 AM in Stanley Mosk Courthouse at Department 82

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  • 12/21/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 12/21/2017
  • DocketCivil Case Cover Sheet; Filed by: Romex Textiles, Inc. (Plaintiff)

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  • 12/21/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/21/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/21/2017
  • DocketApplication for Right to Attach Order, Temporary Protective Order, etc. Filed by: Romex Textiles, Inc. (Plaintiff)

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  • 12/21/2017
  • DocketMemorandum of Points & Authorities; Filed by: Romex Textiles, Inc. (Plaintiff)

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  • 12/21/2017
  • DocketDeclaration of Nico Tabibi; Filed by: Romex Textiles, Inc. (Plaintiff)

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  • 12/21/2017
  • DocketDeclaration of Binafard in support of ex parte; Filed by: Romex Textiles, Inc. (Plaintiff)

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  • 12/21/2017
  • DocketTemporary Protective Order; Filed by:

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Tentative Rulings

Case Number: 17STLC05190    Hearing Date: January 23, 2020    Dept: 26

Romex v. Mosh, et al.

MOTIONS TO COMPEL DEFENDANTS’ FURTHER RESPONSES TO FORM INTERROGATORIES

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff Romex Textiles, Inc.’s Motion to Compel Defendant Moshe Company, Inc.’s Further Responses to Form Interrogatories is CONTINUED to JUNE 11, 2020 AT 10:30 A.M. IN DEPARTMENT 26.

ANALYSIS:

On December 21, 2017, Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed this action against Defendants Mosh Company, Inc. (“MCI”) and Moshe Golan (“Golan”) (collectively, “Defendants”) for breach of contract and related causes of action. On February 26, 2018, Plaintiff served form interrogatories (“FROG”) on Defendants, to which Defendants responded on April 26, 2018. (Motions, Tabibi Decls. ¶¶ 2-3.)

Finding Defendants’ discovery responses to be insufficient and evasive, Plaintiff filed the instant Motion to Compel Defendant MCI’s Further Responses to Form Interrogatories (collectively, the “Motions”) on March 15, 2019. MCI filed an Opposition on August 13, and Plaintiff replied on August 19.

Due to MCI filing for bankruptcy, Defendant filed a Notice of Stay of Proceedings on August 12, 2019. “A petition in bankruptcy creates an automatic stay of all judicial proceedings against the debtor. (11 U.S.C. § 362(a).)” (Sindler v. Brennan (2003) 105 Cal.App.4th 1350, 1353.) “An automatic stay usually precludes ‘any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case . . . .’ (11 U.S.C. § 362(a)(6).)” (Cavanagh v. California Unemployment Ins. Appeals Bd. (2004) 118 Cal.App.4th 83, 90.) “Significantly, ‘the automatic stay of judicial proceedings against a debtor in bankruptcy does not apply to nondebtor codefendants.’ [Citations.]” (Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979, emphasis added.)

At the initial hearing on this Motion, on August 27, 2019, the Court continued the matter due to the bankruptcy stay. On December 2, 2019, the Court held a status conference regarding the bankruptcy, at which time Plaintiff represented that the bankruptcy proceeding was still ongoing. There is a status conference regarding the bankruptcy scheduled for June 8, 2020. Accordingly, the stay remains in effect and the Motion is again CONTINUED TO JUNE 11, 2020 AT 10:30 AM IN DEPARTMENT 26.

Moving party to give notice.

Case Number: 17STLC05190    Hearing Date: November 07, 2019    Dept: 94

MOTIONS TO COMPEL DEFENDANTS’ FURTHER RESPONSES TO FORM INTERROGATORIES

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff Romex Textiles, Inc.’s Motion to Compel Defendant Moshe Company, Inc.’s Further Responses to Form Interrogatories is CONTINUED to DECEMBER 12, 2019 AT 10:30 A.M. IN DEPARTMENT 94.

ANALYSIS:

I. Background

On December 21, 2017, Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed this action against Defendants Mosh Company, Inc. (“MCI”) and Moshe Golan (“Golan”) (collectively, “Defendants”) for breach of contract and related causes of action. On February 26, 2018, Plaintiff served form interrogatories (“FROG”) on Defendants, to which Defendants responded on April 26, 2018. (Motions, Tabibi Decls. ¶¶ 2-3.)

Finding Defendants’ discovery responses to be insufficient and evasive, Plaintiff filed the instant Motion to Compel Defendant MCI’s Further Responses to Form Interrogatories (collectively, the “Motions”) on March 15, 2019. MCI filed an Opposition on August 13, and Plaintiff replied on August 19.

II. Discussion

Because MCI had filed for bankruptcy, Defendants filed a Notice of Stay of Proceedings on August 12, 2019.

“A petition in bankruptcy creates an automatic stay of all judicial proceedings against the debtor. (11 U.S.C. § 362(a).)” (Sindler v. Brennan (2003) 105 Cal.App.4th 1350, 1353.) “An automatic stay usually precludes ‘any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case . . . .’ (11 U.S.C. § 362(a)(6).)” (Cavanagh v. California Unemployment Ins. Appeals Bd. (2004) 118 Cal.App.4th 83, 90.) “Significantly, ‘the automatic stay of judicial proceedings against a debtor in bankruptcy does not apply to nondebtor codefendants.’ [Citations.]” (Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979, emphasis added.)

At the initial hearing on this Motion, on August 27, 2019, the Court continued the matter in light of the bankruptcy stay. As nothing has been filed indicating the bankruptcy proceeding is complete, the stay remains in effect and the Motion is again CONTINUED TO DECEMBER 12, 2019 AT 10:30 AM IN DEPARTMENT 94.

Moving party to give notice.