This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 05:06:56 (UTC).

SIMEON THOMPSON VS FELTON BUCKHOLTZ, ET AL.

Case Summary

On 10/16/2019 SIMEON THOMPSON filed a Contract - Other Contract lawsuit against FELTON BUCKHOLTZ. 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:

    *******9608

  • Filing Date:

    10/16/2019

  • 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

THOMPSON SIMEON

Defendants

BUCKHOLTZ FELTON

HAMES ANTHONY

Attorney/Law Firm Details

Plaintiff Attorneys

TUEY KRISTEN MEREDITH

MEDINA-GARCIA JESUS ROBERTO

BARNETT AMANDA JANE

Defendant Attorney

SAPIR ERIC

 

Court Documents

Notice (name extension) - Notice OF RULING ON PLAINTIFF'S MOTION FOR AN ORDER COMPELLING RESPONSES TO DEMANDS FOR INSPECTION OF DOCUMENTS AND FORM INTERROGATORIES AND REQUEST FOR SANCTIONS

9/22/2020: Notice (name extension) - Notice OF RULING ON PLAINTIFF'S MOTION FOR AN ORDER COMPELLING RESPONSES TO DEMANDS FOR INSPECTION OF DOCUMENTS AND FORM INTERROGATORIES AND REQUEST FOR SANCTIONS

Minute Order - Minute Order (Non-Appearance Case Review)

8/31/2020: Minute Order - Minute Order (Non-Appearance Case Review)

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

9/16/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Proof of Service by Mail - Proof of Service by Mail

7/7/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

7/7/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

7/7/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Substitution of Attorney - Substitution of Attorney

7/15/2020: Substitution of Attorney - Substitution of Attorney

Notice of Ruling - Notice of Ruling

7/15/2020: Notice of Ruling - Notice of Ruling

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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 AND ORDER

3/17/2020: Notice (name extension) - Notice OF CONTINUANCE OF HEARING AND ORDER

Reply (name extension) - Reply PLAINTIFF'S REPLY IN SUPPORT OF MOTION TO COMPEL RESPONSES TO DEMANDS OF INSPECTION OF DOCUMENTS AND FORM INTERROGATORIES AND REQUEST FOR SANCTIONS; DECLARATION OF KRIST

3/12/2020: Reply (name extension) - Reply PLAINTIFF'S REPLY IN SUPPORT OF MOTION TO COMPEL RESPONSES TO DEMANDS OF INSPECTION OF DOCUMENTS AND FORM INTERROGATORIES AND REQUEST FOR SANCTIONS; DECLARATION OF KRIST

Answer - Answer

1/22/2020: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

12/23/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

1/14/2020: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

Notice (name extension) - Notice Consent to Electronic Service and Notice of Electronic Service Address

12/13/2019: Notice (name extension) - Notice Consent to Electronic Service and Notice of Electronic Service Address

Proof of Service by Substituted Service - Proof of Service by Substituted Service

10/30/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

10/16/2019: Complaint - Complaint

33 More Documents Available

 

Docket Entries

  • 10/19/2022
  • Hearing10/19/2022 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

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  • 04/14/2021
  • Hearing04/14/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/02/2020
  • Hearing11/02/2020 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 09/22/2020
  • DocketNotice OF RULING ON PLAINTIFF'S MOTION FOR AN ORDER COMPELLING RESPONSES TO DEMANDS FOR INSPECTION OF DOCUMENTS AND FORM INTERROGATORIES AND REQUEST FOR SANCTIONS; Filed by: Simeon Thompson (Plaintiff)

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  • 09/16/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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  • 09/16/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/16/2020 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 09/16/2020; Result Type to Held

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  • 08/31/2020
  • DocketMinute Order (Non-Appearance Case Review)

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  • 08/31/2020
  • DocketCertificate of Mailing for (Non-Appearance Case Review) of 08/31/2020; Filed by: Clerk

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  • 08/31/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/16/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/16/2020 01:30 PM

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  • 07/20/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Simeon Thompson (Plaintiff)

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51 More Docket Entries
  • 10/30/2019
  • DocketProof of Service by Substituted Service; Filed by: Simeon Thompson (Plaintiff); As to: Felton Buckholtz (Defendant); Proof of Mailing Date: 10/28/2019; Service Cost: 441.16; Service Cost Waived: No

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  • 10/30/2019
  • DocketProof of Personal Service; Filed by: Simeon Thompson (Plaintiff); As to: Anthony Hames (Defendant); Service Date: 10/25/2019; Service Cost: 202.36; Service Cost Waived: No

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  • 10/17/2019
  • DocketNon-Jury Trial scheduled for 04/14/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/17/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/17/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 10/16/2019
  • DocketComplaint; Filed by: Simeon Thompson (Plaintiff); As to: Felton Buckholtz (Defendant); Anthony Hames (Defendant)

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  • 10/16/2019
  • DocketCivil Case Cover Sheet; Filed by: Simeon Thompson (Plaintiff); As to: Felton Buckholtz (Defendant); Anthony Hames (Defendant)

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  • 10/16/2019
  • DocketSummons on Complaint; Issued and Filed by: Simeon Thompson (Plaintiff); As to: Felton Buckholtz (Defendant); Anthony Hames (Defendant)

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  • 10/16/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/16/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09608    Hearing Date: September 16, 2020    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Plaintiff Simeon Thompson’s Motion For Order Compelling Defendants to Respond to Form Interrogatories and Request for Production of Documents; Request For Sanctions is GRANTED. DEFENDANTS ARE TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DEMANDS FOR INSPECTION AND FORM INTERROGATORIES WITHIN 20 DAYS OF SERVICE OF THIS ORDER. DEFENDANTS ARE FURTHER ORDERED TO PAY SANCTIONS OF $400.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS OF SERVICE OF THIS ORDER

ANALYSIS:

Plaintiff Simeon Thompson (“Plaintiff”) filed the instant action for breach of contract and breach of the covenant of good faith and fair dealing against Defendants Anthony Hames and Felton Buckholtz (“Defendants”) on October 16, 2019. Plaintiff filed the instant Motion to Compel Responses to Demand for Inspection and Form Interrogatories on February 14, 2020. Defendants filed an opposition on March 6, 2020 and Plaintiff replied on March 12, 2020. On July 9, 2020, Plaintiff a supplemental declaration.

The Motion initially came for hearing on July 15, 2020, at which time the Court granted the Motion in part and continued the hearing with respect to the request to compel Defendant Anthony Hames’ responses to Form Interrogatories and Felton Buckholtz’s responses to Form Interrogatories and Demand for Inspection. The Court ordered Plaintiff to file three additional filing fees with respect to these requests. The filing fees were paid on July 15, 2020.

Due to Defendant Hames’ failure to respond to the Form Interrogatories and Defendant Buckholtz’s failure to respond to Form Interrogatories and Demand for Inspection, the remainder of the Motion is granted. DEFENDANTS ARE ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTIONS, TO THE DEMANDS FOR INSPECTION AND FORM INTERROGATORIES WITHIN TWENTY (20) DAYS OF SERVICE OF THIS ORDER. (CODE CIV. PROC., §§ 2030.300, 2031.300.) DEFENDANTS’ LATE SERVICE OF RESPONSES DOES NOT ABSOLVE THEM OF THIS ORDER BECAUSE PLAINTIFF CONTENDS THE RESPONSES DO NOT COMPLY WITH THE STATUTORY REQUIREMENTS.

MONETARY SANCTIONS ARE ALSO AWARDED UNDER CODE OF CIVIL PROCEDURE SECTIONS 2030.290, 2031.290 AND 2023.010. SANCTIONS ARE APPROPRIATE IN THE AMOUNT OF $400.00 BASED ON A LODESTAR CALCULATION. (MOTION, TUEY DECL., ¶12.) DEFENDANTS ARE JOINTLY AND SEVERALLY ORDERED TO PAY THE SANCTIONS TO PLAINTIFF’S COUNSEL WITHIN TWENTY (20) DAYS OF SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC09608    Hearing Date: July 15, 2020    Dept: 26

Thompson v. Buckholtz, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Plaintiff Simeon Thompson’s Motion For Order Compelling Defendants to Respond to Form Interrogatories and Request for Production of Documents; Request For Sanctions are GRANTED solely as to Defendant Anthony Hames’ response to Demands for Inspection. DEFENDANT HAMES IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE Demands for Inspection WITHIN 20 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF HAMES IS FURTHER ORDERED TO PAY SANCTIONS OF $400.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Hearing on remainder of Plaintiff Simeon Thompson’s Motion is CONTINUED TO SEPTEMBER 16, 2020 AT ___10__ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Simeon Thompson (“Plaintiff”) filed the instant action for breach of contract and breach of the covenant of good faith and fair dealing against Defendants Anthony Hames and Felton Buckholtz (“Defendants”) on October 16, 2019. Plaintiff filed the instant Motion to Compel Responses to Demand for Inspection and Form Interrogatories on February 14, 2020. Defendants filed an opposition on March 6, 2020 and Plaintiff replied on March 12, 2020. On July 9, 2020, Plaintiff a supplemental declaration.

The Court initially addresses the fact that Plaintiff filed a single motion seeking relief with respect to two Defendants. Specifically, the Motion seeks to compel responses and for an award of sanctions from both Plaintiffs, who were each separately served Form Interrogatories and Demands for Inspection. Yet for each of the four requests, which should have been filed as four separate motions, Plaintiff only paid a single filing fee. Until Plaintiff pays three additional filing fees, the Court can only rule on the Motion as to one Defendant and one type of discovery.

The Court, therefore, finds that due to Defendant Hames’ failure to respond, the Motion is granted solely as to him as to the Demands for Inspection. Defendant Hames is ordered to serve verified responses, without objections, to the Demands for Inspection within twenty (20) days from the date of Plaintiff serving a notice of this Order. (Code Civ. Proc., § 2031.300.) Defendant Hames’ late service of responses does not absolve him of this order as Plaintiff contends the responses do not comply with the statutory requirements.

Monetary sanctions are also awarded under Code of Civil Procedure sections 2031.290. Given the simplicity of the Motion, the Court finds that sanctions are appropriate in the amount of $400.00 based on a lodestar calculation. (Motion, Tuey Decl., ¶12.) Defendant Hames is ordered to pay the sanctions to Plaintiff’s counsel within thirty (30) days’ notice of this Order.

With respect to the remainder of the discovery requests the hearing on the Motion is CONTINUED TO SEPTEMBER 16, 2020 AT ___10_____ AM. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO PAY THREE (3) ADDITIONAL FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR.

Moving party to give notice.