This case was last updated from Los Angeles County Superior Courts on 06/25/2020 at 09:34:21 (UTC).

SCOTT J. SPOLIN LAW CORPORATION, A CALIFORNIA CORPORATION VS BRONHR, LLC, A DELAWARE LIMITED LIABILITY COMPANY

Case Summary

On 10/10/2019 SCOTT J SPOLIN LAW CORPORATION, A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against BRONHR, LLC, A DELAWARE LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9413

  • Filing Date:

    10/10/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

SCOTT J. SPOLIN LAW CORPORATION A CALIFORNIA CORPORATION

Defendants

BRONHR LLC A DELAWARE LIMITED LIABILITY COMPANY

BARONHR LLC A DELAWARE LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

SALOMONS GARY

Defendant Attorney

WELCH ERIC M.

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Hearing on Motion For Order Deeming Requests for Admission Admitted

4/21/2020: Notice (name extension) - Notice of Continuance of Hearing on Motion For Order Deeming Requests for Admission Admitted

Motion to Compel (name extension) - Motion to Compel Responses to Form Interrogatories)

1/23/2020: Motion to Compel (name extension) - Motion to Compel Responses to Form Interrogatories)

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

1/23/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Notice (name extension) - Notice Amended Proof of Service of Motion to Deem Request for Admissions Admitted

1/29/2020: Notice (name extension) - Notice Amended Proof of Service of Motion to Deem Request for Admissions Admitted

Notice (name extension) - Notice of Continuance of Hearing

2/24/2020: Notice (name extension) - Notice of Continuance of Hearing

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

2/24/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 02/24/2020

2/24/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 02/24/2020

Separate Statement - Separate Statement

2/27/2020: Separate Statement - Separate Statement

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

3/9/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 03/09/2020

3/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 03/09/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Hearing on Motion for Order

3/17/2020: Notice (name extension) - Notice of Continuance of Hearing on Motion for Order

Proof of Personal Service - Proof of Personal Service

10/21/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

10/10/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/10/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

10/10/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/10/2019: First Amended Standing Order - First Amended Standing Order

12 More Documents Available

 

Docket Entries

  • 10/13/2022
  • Hearing10/13/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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

    Read MoreRead Less
  • 08/18/2020
  • Hearing08/18/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

    Read MoreRead Less
  • 08/18/2020
  • Hearing08/18/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Deem Request for Admissions Admitted

    Read MoreRead Less
  • 04/21/2020
  • DocketNotice of Continuance of Hearing on Motion For Order Deeming Requests for Admission Admitted; Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: BARONHR LLC, a Delaware limited liability company (Defendant)

    Read MoreRead Less
  • 04/21/2020
  • DocketNotice of Continuance of Motion to Compel Further Responses to Form Interrogatories; Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: BARONHR LLC, a Delaware limited liability company (Defendant)

    Read MoreRead Less
  • 04/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 04/20/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Deem Request for Admissions Admitted scheduled for 06/10/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/18/2020 08:30 AM

    Read MoreRead Less
  • 04/20/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Compel Further Discovery Responses scheduled for 08/18/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/18/2020 08:30 AM

    Read MoreRead Less
  • 04/06/2020
  • DocketMotion to Compel Further Discovery Responses; Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: BARONHR LLC, a Delaware limited liability company (Defendant)

    Read MoreRead Less
21 More Docket Entries
  • 11/15/2019
  • DocketAnswer; Filed by: Bronhr, LLC, a Delaware limited liability company (Defendant); As to: Scott J. Spolin Law Corporation, a California corporation (Plaintiff)

    Read MoreRead Less
  • 10/21/2019
  • DocketProof of Personal Service; Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: Bronhr, LLC, a Delaware limited liability company (Defendant); Service Date: 10/16/2019; Service Cost Waived: No

    Read MoreRead Less
  • 10/10/2019
  • DocketComplaint; Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: Bronhr, LLC, a Delaware limited liability company (Defendant)

    Read MoreRead Less
  • 10/10/2019
  • DocketCivil Case Cover Sheet; Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: Bronhr, LLC, a Delaware limited liability company (Defendant)

    Read MoreRead Less
  • 10/10/2019
  • DocketSummons on Complaint; Issued and Filed by: Scott J. Spolin Law Corporation, a California corporation (Plaintiff); As to: Bronhr, LLC, a Delaware limited liability company (Defendant)

    Read MoreRead Less
  • 10/10/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 10/10/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 10/10/2019
  • DocketNon-Jury Trial scheduled for 04/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/10/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/13/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/10/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC09413    Hearing Date: March 09, 2020    Dept: 26

Scott J. Spolin, a Law Corporation v. Baronhr, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

AND REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Scott J. Spolin, a Law Corporation’s Motion Compelling Defendant BaronHR, LLC to Respond To Form Interrogatories, Set One, is GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $585.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Only October 10, 2019, Plaintiff Scott J. Spolin, A Law Corporation (“Plaintiff”) filed the instant action for breach of retainer agreement and related claims against Defendant BaronHR, LLC (“Defendant”). Defendant filed its Answer through its counsel of record, Eric M. Welch, Esq. On January 23, 2020, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories and Request for Sanctions (“Motion”). However, the Motion was served on James D. Hepworth, who is not defense counsel of record. Plaintiff is admonished to ensure that all notice of Court proceedings is provided to Defendant’s counsel of record. That being said, because Defendant has filed a Notice of Non-Opposition to the Motion through its counsel of record on February 27, 2020, the Court finds any irregularity in notice was waived.

Plaintiff served form interrogatories on Defendant on November 21, 2019. (Motion, Salomons Decl., ¶2 and Exh. A.) At the time this Motion was filed, Defendant had not served verified responses to the interrogatories propounded by Plaintiff. (Id. at ¶¶3-7.) There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses.

To the extent Defendant contends it served verified responses to the interrogatories on February 25, 2020, no evidence such as a declaration or an authenticated copy of the responses themselves, has been submitted to the Court. Therefore, the Court declines to find the Motion moot. Plaintiff is entitled to an order that Defendant serve verified responses to the Form Interrogatories, Set One, without objections. The responses are due within 20 days’ notice of this order.

The court also finds Defendant’s failure to respond a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount requested is excessive in light of the simplicity of this Motion. The request for sanctions is granted against Defendant in the amount of $585.00 based on one hours of attorney time billed at $525.00 per hour. (Motion, Salomons Decl., ¶8.) The sanctions are to be paid within 30 days’ notice of this order.

Plaintiff Scott J. Spolin, a Law Corporation’s Motion Compelling Defendant BaronHR, LLC to Respond To Form Interrogatories, Set One, is GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $585.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC09413    Hearing Date: February 24, 2020    Dept: 26

Scott J. Spolin Law Corp. v. Baronhr, LLC

DEEM REQUESTS FOR ADMISSIONS ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff’ motion is CONTINUED to March 18, 2020, to maintain timely service within the meaning of CCP § 1005(b).

ANALYSIS:

I. Background

This action concerns breach of contract arising from a legal retainer agreement.

II. Discussion

Plaintiff filed an amended proof of service on January 29, 2020, showing service of the moving papers on Eric M. Welch, Esq. by mail on January 28, 2020. Welch is Defendant BaronHR, LLC’s attorney of record. Based on the February 24, 2020 hearing, moving papers served by mail must have been served by January 24, 2020. (CCP §§ 1005(b), 1013.) Thus, the motion was not timely served on Defendant BaronHR, LLC.

Plaintiff timely filed the moving papers on January 23, 2020 on James D. Hepworth. But, Hepworth is not Defendant BaronHR, LLC’s attorney of record. (See BaronHR, LLC’s Answer, filed 11/15/19.)

Accordingly, the motion is CONTINUED.  Moving party to give notice.