This case was last updated from Los Angeles County Superior Courts on 11/14/2020 at 05:19:03 (UTC).

RYAN HUTCHINS, ET AL. VS ROBERT MUSSO, ET AL.

Case Summary

On 05/01/2019 RYAN HUTCHINS filed a Contract - Other Contract lawsuit against ROBERT MUSSO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4281

  • Filing Date:

    05/01/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiffs

HUTCHINS JENNIFER

HUTCHINS RYAN

Defendants

MUSSO ROBERT

ROBERT MUSSO DBA R.P.M. CONSTRUCTION

R.P.M. A PARTNERSHIP

R.P.M. CONSTRUCTION LLC

R.P.M. CONSTRUCTION A CORP

Attorney/Law Firm Details

Plaintiff Attorney

TKACH JOHN A

Defendant Attorney

AKHKASHIAN KHACHIK

 

Court Documents

Proof of Personal Service - Proof of Personal Service

9/6/2019: Proof of Personal Service - Proof of Personal Service

Answer - Answer

12/31/2019: Answer - Answer

Answer - Answer

12/31/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

1/13/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/13/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/13/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/13/2020: Proof of Personal Service - Proof of Personal Service

Motion to Compel (name extension) - Motion to Compel Response to Case Questionnaire

4/13/2020: Motion to Compel (name extension) - Motion to Compel Response to Case Questionnaire

Motion to Compel (name extension) - Motion to Compel Motion to Compel Defendant to Respond to Plaintiff's Production Demand

7/28/2020: Motion to Compel (name extension) - Motion to Compel Motion to Compel Defendant to Respond to Plaintiff's Production Demand

Motion to Compel (name extension) - Motion to Compel Motion for Deem Admission Order Re: Request for Admission and Genuineness of Documents

7/28/2020: Motion to Compel (name extension) - Motion to Compel Motion for Deem Admission Order Re: Request for Admission and Genuineness of Documents

Notice (name extension) - Notice of Non Opposition to Motion to Compel Case Questionnaire

8/25/2020: Notice (name extension) - Notice of Non Opposition to Motion to Compel Case Questionnaire

Proof of Personal Service - Proof of Personal Service

7/8/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

7/8/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

5/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

5/1/2019: Complaint - Complaint

Summons - Summons on Complaint

5/1/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/1/2019: First Amended Standing Order - First Amended Standing Order

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

5/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

19 More Documents Available

 

Docket Entries

  • 05/04/2022
  • Hearing05/04/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/21/2021
  • Hearing04/21/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/04/2021
  • Hearing03/04/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 03/04/2021
  • Hearing03/04/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 03/04/2021
  • Hearing03/04/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 03/04/2021
  • Hearing03/04/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 09/01/2020
  • DocketNon-Jury Trial scheduled for 04/21/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/01/2020
  • DocketMinute Order (Hearing on Motion to Compel Response to Case Questionnaire)

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  • 09/01/2020
  • DocketHearing on Motion to Compel Response to Case Questionnaire scheduled for 09/01/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/01/2020; Result Type to Held

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  • 09/01/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/28/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 04/21/2021 08:30 AM

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38 More Docket Entries
  • 07/08/2019
  • DocketProof of Personal Service; Filed by: Ryan Hutchins (Plaintiff); As to: R.P.M. Construction, a corp (Defendant); Service Cost Waived: No

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  • 07/08/2019
  • DocketProof of Personal Service; Filed by: Ryan Hutchins (Plaintiff); As to: Robert Musso dba R.P.M. Construction (Defendant); Service Cost Waived: No

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  • 05/01/2019
  • DocketNon-Jury Trial scheduled for 10/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/04/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketComplaint; Filed by: Ryan Hutchins (Plaintiff); Jennifer Hutchins (Plaintiff); As to: Robert Musso (Defendant); Robert Musso dba R.P.M. Construction (Defendant); R.P.M. Construction, a corp (Defendant) et al.

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  • 05/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Ryan Hutchins (Plaintiff); Jennifer Hutchins (Plaintiff); As to: Robert Musso (Defendant); Robert Musso dba R.P.M. Construction (Defendant); R.P.M. Construction, a corp (Defendant) et al.

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  • 05/01/2019
  • DocketSummons on Complaint; Issued and Filed by: Ryan Hutchins (Plaintiff); Jennifer Hutchins (Plaintiff); As to: Robert Musso (Defendant); Robert Musso dba R.P.M. Construction (Defendant); R.P.M. Construction, a corp (Defendant) et al.

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  • 05/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/01/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC04281    Hearing Date: September 01, 2020    Dept: 26

MOTION TO COMPEL RESPONSE TO CASE QUESTIONNAIRE

AND REQUEST FOR SANCTIONS

(CCP § 93(e); 2023.010)

TENTATIVE RULING:

Plaintiffs Ryan Hutchins and Jennifer Hutchins’ Motion to Compel Response to Case Questionnaire and Request for Sanction is DENIED.

ANALYSIS:

Only May 1, 2019, Plaintiffs Ryan Hutchins and Jennifer Hutchins (“Plaintiffs”) filed the instant action against Defendants Robert Musso and Robert Musso dba R.P.M. Construction, RPM Constructions, RPM Construction, LLC and RPM, a partnership (“Defendants”). On April 13, 2020, Plaintiffs filed the instant Motion to Compel Response to Case Questionnaire, and Request for Sanctions. To date, no opposition has been filed.

Discussion

Under Code of Civil Procedure section 93, a plaintiff may serve case questionnaires with the Complaint, which includes a “a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant's case questionnaire.” (Code Civ. Proc., § 93, subd. (a).) The defendant upon whom a case questionnaire is served must serve a completed questionnaire with the Answer. (Code Civ. Proc., § 93, subd. (b).) Upon failure to serve a completed questionnaire with the Answer, the plaintiff may move for an order compelling service of the defendant’s completed response or further response to the questionnaire and for sanctions. (Code Civ. Proc., § 93, subd. (e); 2023.010.)

Plaintiffs move for an order compelling Defendants Robert Musso and Robert Musso dba R.P.M. Construction’s responses to the case questionnaire following service and filing of their Answers on December 31, 2019 without said response. Plaintiffs, however, have not demonstrated they are entitled to such an order. No evidence is attached to the Motion demonstrating service of the blank case questionnaire on Defendants Robert Musso and Robert Musso dba R.P.M. Construction, nor of Plaintiffs’ completed questionnaires, as required by Code of Civil Procedure section 93. (Motion, Tkach Decl.) The only evidence on which Plaintiffs rely is a meet and confer letter demanding a response to the purportedly served questionnaires. (Id. at Exh. 1.) This does not carry Plaintiffs’ burden of proof.

Therefore, the Court cannot find that Defendants Robert Musso and Robert Musso dba R.P.M. Construction are required to serve completed case questionnaires, nor that Plaintiffs are entitled to sanctions, pursuant to Code of Civil Procedure sections 93 and 2023.010.

Conclusion

Plaintiffs Ryan Hutchins and Jennifer Hutchins’ Motion to Compel Response to Case Questionnaire and Request for Sanction is DENIED.

Moving party to give notice.