This case was last updated from Los Angeles County Superior Courts on 03/21/2021 at 07:54:30 (UTC).

TANYA HOLMAN, ET AL. VS AMLI MANAGEMENT COMPANY, A DELAWARE CORPORATION

Case Summary

On 10/06/2020 TANYA HOLMAN filed a Contract - Business lawsuit against AMLI MANAGEMENT COMPANY, A DELAWARE CORPORATION. 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:

    *******8458

  • Filing Date:

    10/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

MICHALEWSKA DOMINIKA

ILIESCU JULIA AUDREY

JANOWSKI PAWEL

HOLMAN TANYA

STRICKER DEREK

Defendant

AMLI MANAGEMENT COMPANY A DELAWARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

OLLINGER JOSEPH B.

Defendant Attorney

WILLIAMSON IAN

 

Court Documents

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

3/1/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice (name extension) - Notice Plaintiff's Notice of Change of Address of Counsel

3/1/2021: Notice (name extension) - Notice Plaintiff's Notice of Change of Address of Counsel

Answer - Answer

11/19/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

10/22/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

10/15/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

10/6/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

10/6/2020: Complaint - Complaint

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

10/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 10/10/2023
  • Hearing10/10/2023 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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  • 04/05/2022
  • Hearing04/05/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/01/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Tanya Holman (Plaintiff); Dominika Michalewska (Plaintiff); Julia Audrey Iliescu (Plaintiff); Pawel Janowski (Plaintiff); Derek Stricker (Plaintiff); As to: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant)

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  • 03/01/2021
  • DocketNotice Plaintiff's Notice of Change of Address of Counsel; Filed by: Tanya Holman (Plaintiff); Dominika Michalewska (Plaintiff); Julia Audrey Iliescu (Plaintiff); Pawel Janowski (Plaintiff); Derek Stricker (Plaintiff); As to: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant)

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  • 11/19/2020
  • DocketAnswer; Filed by: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant)

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  • 10/22/2020
  • DocketProof of Personal Service; Filed by: Tanya Holman (Plaintiff); Dominika Michalewska (Plaintiff); Julia Audrey Iliescu (Plaintiff); Pawel Janowski (Plaintiff); Derek Stricker (Plaintiff); As to: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant); Service Date: 10/22/2020; Service Cost: 38.80; Service Cost Waived: No

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  • 10/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Tanya Holman (Plaintiff); Dominika Michalewska (Plaintiff); Julia Audrey Iliescu (Plaintiff); Pawel Janowski (Plaintiff); Derek Stricker (Plaintiff); As to: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant)

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  • 10/06/2020
  • DocketComplaint; Filed by: Tanya Holman (Plaintiff); Dominika Michalewska (Plaintiff); Julia Audrey Iliescu (Plaintiff); Pawel Janowski (Plaintiff); Derek Stricker (Plaintiff); As to: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant)

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  • 10/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Tanya Holman (Plaintiff); Dominika Michalewska (Plaintiff); Julia Audrey Iliescu (Plaintiff); Pawel Janowski (Plaintiff); Derek Stricker (Plaintiff); As to: AMLI MANAGEMENT COMPANY, a Delaware corporation (Defendant)

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  • 10/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/06/2020
  • DocketNon-Jury Trial scheduled for 04/05/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/06/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/10/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/06/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b"

Case Number: 20STLC08458 Hearing Date: September 15, 2021 Dept: 26

Holman, et al. v. AMLI Management Co., et al. 20STLC08458

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS

(CCP § 2031.300, 2023.010)

TENTATIVE RULING:

Plaintiff Derek Stricker’s Motion to Compel Responses to Request for Production of Documents, Set Two, and Request for Sanctions is GRANTED. DEFENDANT AMLI MANAGEMENT COMPANY IS TO SERVE VERIFIED RESPONSES TO THE REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $298.95 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Derek Stricker (“Plaintiff Stricker”) propounded Request for Production of Documents, Set Two, on Defendant AMLI Management Company (“Defendant”) on June 14, 2021. (Motion, Ollinger Decl., Exh. 1.) Following multiple extensions of the time to respond, Defendant failed to provide timely responses. (Id. at ¶¶10-16 and Exhs. 2-3.) Plaintiff Stricker filed the instant Motion to Compel Responses to Request for Production of Documents, Set Two and Request for Sanctions on August 9, 2021. Defendant filed an opposition on September 1, 2021 and Plaintiff Stricker replied on September 2, 2021.

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.300.) Based on Defendant’s failure to timely respond to the propounded discovery, Plaintiff Stricker is entitled to an order compelling Defendant to serve verified responses to the request for production of documents, set two, without objections. Defendant’s opposition does not demonstrate the Motion should be denied by simply claiming that responses will be served by the hearing date. First, the opposition is neither supported by a declaration under penalty of perjury, nor attaches a copy of the purported responses. (Opp., filed 09/01/21, pp. 1-3.) Second, Plaintiff Stricker is entitled to an order compelling responses once Defendant failed to serve timely responses, regardless of late-served responses. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 408.)

Defendant’s failure to timely respond constitutes 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 sought is excessive under a lodestar calculation. Therefore, the request for sanctions is granted against Defendant in the amount of $298.95 based on half-an-hour of attorney time billed at $400.00 an hour and $98.95 in costs. (Motion, Ollinger Decl., ¶¶19-20.)

Conclusion

Plaintiff Derek Stricker’s Motion to Compel Responses to Request for Production of Documents, Set Two, and Request for Sanctions is GRANTED. DEFENDANT AMLI MANAGMEMENT COMPANY IS TO SERVE VERIFIED RESPONSES TO THE REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO, WITHOUT OBJECTIONS, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $298.95 TO PLAINTIFF'S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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