This case was last updated from Los Angeles County Superior Courts on 09/18/2021 at 06:32:49 (UTC).

SILVERMAN MILLIGAN & BOOTH, LLP, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP VS BARONHR, LLC, A DELAWARE LIMITED LIABILITY COMPANY

Case Summary

On 10/26/2020 SILVERMAN MILLIGAN BOOTH, LLP, A CALIFORNIA LIMITED LIABILITY PARTNERSHIP filed a Contract - Other Contract lawsuit against BARONHR, 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:

    *******9021

  • Filing Date:

    10/26/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

SILVERMAN MILLIGAN & BOOTH LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP

Defendant

BARONHR LLC A DELAWARE LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Defendant Attorney

WELCH ERIC M.

Other Attorneys

SALOMONS GARY K.

 

Court Documents

Judgment - Judgment Pursuant to Summary Adjudication as to 1st Cause of Action Only

6/10/2021: Judgment - Judgment Pursuant to Summary Adjudication as to 1st Cause of Action Only

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

8/3/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

8/3/2021: Notice of Rejection - Post Judgment - Notice of Rejection - Post Judgment

Writ of Execution - Writ of Execution (Los Angeles)

8/3/2021: Writ of Execution - Writ of Execution (Los Angeles)

Notice of Ruling - Notice of Ruling

6/9/2021: Notice of Ruling - Notice of Ruling

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

2/2/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Opposition (name extension) - Opposition DEFENDANT BARONHR, LLCS OPPOSITION TO PLAINTIFFS NOTICE OF MOTION AND MOTION FOR ODER DEEMING PLAINTIFFS REQUEST FOR ADMISSIONS- SET ONE ADMITTED; REQUEST F

2/19/2021: Opposition (name extension) - Opposition DEFENDANT BARONHR, LLCS OPPOSITION TO PLAINTIFFS NOTICE OF MOTION AND MOTION FOR ODER DEEMING PLAINTIFFS REQUEST FOR ADMISSIONS- SET ONE ADMITTED; REQUEST F

Notice of Ruling - Notice of Ruling

3/4/2021: Notice of Ruling - Notice of Ruling

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

3/4/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Separate Statement - Separate Statement

3/16/2021: Separate Statement - Separate Statement

Motion for Summary Judgment - Motion for Summary Judgment

3/16/2021: Motion for Summary Judgment - Motion for Summary Judgment

Answer - Answer

11/25/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

11/24/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

10/26/2020: Summons - Summons on Complaint

Complaint - Complaint

10/26/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/26/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

10/26/2020: First Amended Standing Order - First Amended Standing Order

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

10/26/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 04/25/2022
  • Hearing04/25/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/03/2021
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 08/03/2021
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 08/03/2021
  • DocketWrit of Execution (Los Angeles); Issued by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); As to: BaronHR, LLC, a Delaware Limited Liability Company (Defendant); County: Los Angeles; Principal: 11884.50; Interest: 0.00; Costs: 0.00

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  • 08/03/2021
  • DocketNotice of Entry of Judgment; Filed by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); As to: BaronHR, LLC, a Delaware Limited Liability Company (Defendant)

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  • 06/10/2021
  • DocketUpdated -- Judgment Pursuant to Summary Adjudication as to 1st Cause of Action Only: Filed By: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); Result: Granted; Result Date: 06/10/2021

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  • 06/09/2021
  • DocketNotice of Ruling; Filed by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff)

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  • 06/09/2021
  • DocketMinute Order (Hearing on Motion for Summary Judgment)

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  • 06/09/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 06/09/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/09/2021; Result Type to Held

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  • 04/02/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/30/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/24/2020

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10 More Docket Entries
  • 11/25/2020
  • DocketAnswer; Filed by: BaronHR, LLC, a Delaware Limited Liability Company (Defendant); As to: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff)

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  • 11/24/2020
  • DocketProof of Personal Service; Filed by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); As to: BaronHR, LLC, a Delaware Limited Liability Company (Defendant); Service Date: 10/28/2020; Service Cost: 250.00; Service Cost Waived: No

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  • 10/26/2020
  • DocketNon-Jury Trial scheduled for 04/25/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/26/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/30/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/26/2020
  • DocketComplaint; Filed by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); As to: BaronHR, LLC, a Delaware Limited Liability Company (Defendant)

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  • 10/26/2020
  • DocketCivil Case Cover Sheet; Filed by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); As to: BaronHR, LLC, a Delaware Limited Liability Company (Defendant)

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  • 10/26/2020
  • DocketSummons on Complaint; Issued and Filed by: Silverman Milligan & Booth, LLP, a California limited liability partnership (Plaintiff); As to: BaronHR, LLC, a Delaware Limited Liability Company (Defendant)

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  • 10/26/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/26/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/26/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC09021    Hearing Date: March 04, 2021    Dept: 26

Silverman Milligan & Booth, LLP v. BaronHR., et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Silverman Milligan & Booth, LLP’s Motion to Deem Requests for Admission Admitted Against Defendant BaronHR, LLC is GRANTED. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $585.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Silverman Milligan & Booth, LLP (“Plaintiff”) filed the instant action for breach of contract and common counts against Defendant BaronHR, LLC. (“Defendant”) October 26, 2020. On December 1, 2020, Plaintiff served Requests for Admissions on Defendant. (Motion, Salomons Decl., 1st Exh. A; POS inadvertently attached to end of 1st Exh. B.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶3.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted and Request for Sanctions on February 2, 2021. Defendant filed an opposition on February 19, 2021.

Defendant admits that it did not serve verified responses to the discovery propounded on December 1, 2020 as of the filing of the Motion. (Opp., Welch Decl., ¶5.) There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.)

Defendant’s opposition does not demonstrate a basis to deny the Motion. First, contrary to Defendant’s claim, Plaintiff has demonstrated the date and manner of service of the Requests for Admission. The proof of service was inadvertently attached to the end of the first Exhibit B to Plaintiff’s counsel’s declaration. Second, Defendant’s contention that it will serve responses by March 4, 2021 does not sufficiently demonstrate to the Court that such responses have been served before the hearing or that they comply with the statutory requirements. The statute mandates an “order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted” unless “the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subds. (b), (c).)

Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Additionally, sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $585.00, based on an hour of attorney time billed at $525.00 per hour, plus the $60.00 filing fee. (Motion, Salomons Decl., ¶6.)

Based on the foregoing, Plaintiff Silverman Milligan & Booth, LLP’s Motion to Deem Requests for Admission Admitted Against Defendant BaronHR, LLC is GRANTED. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $585.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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