This case was last updated from Los Angeles County Superior Courts on 11/25/2019 at 07:43:48 (UTC).

TRI-CHEM TECHNOLOGY CORP. VS SOUTHWEST MECHANICAL, INC, ET AL.

Case Summary

On 08/02/2019 TRI-CHEM TECHNOLOGY CORP filed a Contract - Other Contract lawsuit against SOUTHWEST MECHANICAL, INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******7162

  • Filing Date:

    08/02/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

TRI-CHEM TECHNOLOGY CORP.

Defendants

NOLD MATTHEW

NOLD CHRISSIE

SOUTHWEST MECHANICAL INC

Attorney/Law Firm Details

Plaintiff Attorney

NEWMAN MICHAEL

Defendant Attorney

THORPE BRENDAN

 

Court Documents

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/29/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

10/29/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Answer - Answer

10/29/2019: Answer - Answer

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/27/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

9/27/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

8/27/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

8/15/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

8/19/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

8/2/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/2/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/2/2019: First Amended Standing Order - First Amended Standing Order

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

8/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 08/05/2022
  • Hearing08/05/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/29/2021
  • Hearing01/29/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/29/2019
  • DocketAnswer; Filed by: Southwest Mechanical, Inc (Defendant); Matthew Nold (Defendant); Chrissie Nold (Defendant)

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  • 10/29/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Tri-Chem Technology Corp. (Plaintiff)

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  • 10/29/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 09/27/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Tri-Chem Technology Corp. (Plaintiff)

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  • 09/27/2019
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 08/27/2019
  • DocketProof of Service by Substituted Service; Filed by: Tri-Chem Technology Corp. (Plaintiff); As to: Chrissie Nold (Defendant); Proof of Mailing Date: 08/23/2019; Service Cost: 75.00; Service Cost Waived: No

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  • 08/19/2019
  • DocketProof of Service by Substituted Service; Filed by: Tri-Chem Technology Corp. (Plaintiff); As to: Matthew Nold (Defendant); Proof of Mailing Date: 08/14/2019; Service Cost: 64.00; Service Cost Waived: No

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  • 08/15/2019
  • DocketProof of Service by Substituted Service; Filed by: Tri-Chem Technology Corp. (Plaintiff); As to: Southwest Mechanical, Inc (Defendant); Proof of Mailing Date: 08/05/2019; Service Cost: 99.00; Service Cost Waived: No

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  • 08/05/2019
  • DocketNon-Jury Trial scheduled for 01/29/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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

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  • 08/05/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/02/2019
  • DocketComplaint; Filed by: Tri-Chem Technology Corp. (Plaintiff); As to: Southwest Mechanical, Inc (Defendant); Matthew Nold (Defendant); Chrissie Nold (Defendant)

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  • 08/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Tri-Chem Technology Corp. (Plaintiff); As to: Southwest Mechanical, Inc (Defendant); Matthew Nold (Defendant); Chrissie Nold (Defendant)

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  • 08/02/2019
  • DocketSummons on Complaint; Issued and Filed by: Tri-Chem Technology Corp. (Plaintiff); As to: Southwest Mechanical, Inc (Defendant); Matthew Nold (Defendant); Chrissie Nold (Defendant)

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  • 08/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07162    Hearing Date: September 02, 2020    Dept: 26

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

(CCP § 2030.290, 2031.290)

TENTATIVE RULING:

PLAINTIFF TRI-CHEM TECHNOLOGY, CORPORATION’S (1) MOTION TO COMPEL DEFENDANTS’ RESPONSES TO FIRST SET OF INTERROGATORIES; REQUEST FOR MONETARY SANCTIONS; AND (2) MOTION TO COMPEL DEFENDANTS’ RESPONSES TO FIRST SET OF DEMAND FOR PRODUCTION; REQUEST FOR MONETARY SANCTIONS IS DENIED.

ANALYSIS:

Plaintiff Tri-Chem Technology, Corporation (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories and Requests for Production of Documents on Defendants Southwest Mechanical, Inc., Matthew Nold and Chrissie Nold (“Defendants”) on January 7, 2020. (Motions, Newman Decl., Exh. A.) Plaintiff now moves for an order compelling Defendants’ responses to the written discovery and award of sanctions.

To date, no opposition has been filed.

Discussion

The Court finds the Motions to Compel procedurally defective in a number of respects. First, the Motions are not accompanied by proofs of service demonstrating service of the moving papers or notice of hearing on Defendants. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Second, the Court addresses the fact that Plaintiff has filed a two discovery motions to compel responses to nine separate sets of discovery (three sets of discovery served on three different Defendants). Yet Plaintiff has paid only two filing fees. Combining the motions to compel negatively impacts the court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the moving party to avoid paying the requisite filing fees. “[I]t is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Seven additional filing fees must be paid before the Motions can be heard.

Finally, the request for sanctions is not properly noticed. “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought.” (Code Civ. Proc., § 2023.040.)

Based on the foregoing, the hearing on the Motions to Compel Responses and Request for Sanctions is denied.

Clerk to give notice. 

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