This case was last updated from Los Angeles County Superior Courts on 05/15/2021 at 01:09:19 (UTC).

WESTLAKE SERVICES, LLC VS MIDWEST NATIONAL AUTO SALES & LEASE, LLC, ALIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 02/01/2018 WESTLAKE SERVICES, LLC filed a Contract - Other Contract lawsuit against MIDWEST NATIONAL AUTO SALES LEASE, LLC, ALIMITED 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 GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1817

  • Filing Date:

    02/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

WESTLAKE SERVICES LLC DBA WETSLAKE FINANCIAL SERVICES

Defendants

MIDWEST NATIONAL AUTO SALES & LEASE LLC

BRECKENRIDGE JOHN

BLACKBURN AMBER

Attorney/Law Firm Details

Plaintiff Attorneys

ALEXANDRYAN EDIT

RICHARDSON CHRISTOPHER

FRIEDMAN JOSHUA P

Defendant Attorney

BUTLER AIDAN WOODWARD

 

Court Documents

Answer - Answer

8/3/2018: Answer - Answer

Witness List - Witness List

4/14/2021: Witness List - Witness List

Exhibit List - Exhibit List

4/14/2021: Exhibit List - Exhibit List

Minute Order - Minute Order (Non-Jury Trial;)

5/13/2021: Minute Order - Minute Order (Non-Jury Trial;)

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

10/8/2019: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

Request for Dismissal - Request for Dismissal

12/20/2019: Request for Dismissal - Request for Dismissal

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

4/14/2020: 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

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

6/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice OF CONTINUED HEARING

6/8/2020: Notice (name extension) - Notice OF CONTINUED HEARING

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

6/26/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Notice of Ruling - Notice of Ruling

7/1/2020: Notice of Ruling - Notice of Ruling

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

8/27/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Association of Attorney - Association of Attorney

7/18/2019: Association of Attorney - Association of Attorney

Declaration (name extension) - Declaration of Christopher Richardson re Case Status

7/18/2019: Declaration (name extension) - Declaration of Christopher Richardson re Case Status

Clerk's Notice of Voiding of Filing

8/27/2018: Clerk's Notice of Voiding of Filing

Summons - on Complaint

2/1/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

2/1/2018: Notice of Case Assignment - Limited Civil Case

25 More Documents Available

 

Docket Entries

  • 11/09/2021
  • Hearing11/09/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 05/13/2021
  • DocketUpdated -- Answer: Result: Stricken; Result Date: 05/13/2021

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  • 05/13/2021
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment or Dismissal scheduled for 11/09/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 05/13/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 05/13/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 05/13/2021; Filed by: Clerk

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  • 05/13/2021
  • DocketNon-Jury Trial scheduled for 05/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 05/13/2021

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  • 05/12/2021
  • DocketUpdated -- Clerk's Notice of Voiding of Filing: As To Parties: John Breckenridge (Defendant)

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  • 05/12/2021
  • DocketUpdated -- Proof of Service as to Motion to Compel: Exact Name: Proof of Service as to Motion to Compel; As To Parties changed from John Breckenridge (Defendant), Amber Blackburn (Defendant) to John Breckenridge (Defendant), Amber Blackburn (Defendant)

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  • 05/12/2021
  • DocketUpdated -- Proof of Service by Mail of Notice of Continued Hearing: Name Extension: of Notice of Continued Hearing; As To Parties changed from Amber Blackburn (Defendant), John Breckenridge (Defendant) to John Breckenridge (Defendant), Amber Blackburn (Defendant)

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  • 05/12/2021
  • DocketUpdated -- Proof of Service by Mail of Notice of Court's Ruling: Name Extension: of Notice of Court's Ruling; As To Parties changed from John Breckenridge (Defendant), Amber Blackburn (Defendant) to Amber Blackburn (Defendant), John Breckenridge (Defendant)

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50 More Docket Entries
  • 08/03/2018
  • DocketAnswer; Filed by: Amber Blackburn (Defendant)

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  • 02/02/2018
  • DocketAddress for Edit Alexandryan (Attorney) clerical correction

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  • 02/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Westlake Services, LLC (Plaintiff)

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  • 02/01/2018
  • DocketComplaint; Filed by: Westlake Services, LLC (Plaintiff); As to: Midwest National Auto Sales & Lease, LLC, alimited liability company (Defendant); John Breckenridge (Defendant); Amber Blackburn (Defendant)

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  • 02/01/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 02/01/2018
  • DocketNon-Jury Trial scheduled for 08/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/01/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 02/01/2018
  • DocketUpdated -- Midwest National Auto Sales & Lease, LLC, (Defendant): Organization Name changed from Midwest National Auto Sales & Lease, LLC, alimited liability company to Midwest National Auto Sales & Lease, LLC,

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Tentative Rulings

Case Number: 18STLC01817    Hearing Date: August 27, 2020    Dept: 26

Westlake Services, Inc. v. Midwest National Auto Sales and Lease, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Westlake Services, Inc.’s Motion Compelling Defendant John Breckenridge To Respond To Form Interrogatories and for Monetary Sanctions is GRANTED. Verified responses without objections are to be served within 20 days’ notice of this order. Sanctions of $425.00 are to be paid to Plaintiff’s counsel within 30 days’ notice of this order.

The hearing regarding the remaining discovery and sanctions requests is CONTINUED TO AUGUST 27, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Documents on Defendants John Breckenridge and Amber Blackburn on December 31, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendants John Breckenridge and Amber Blackburn’s failure to provide timely responses, Plaintiff extended the deadline to respond to February 27, 2020. (Id. at Exh. B.) Following no response from Defendants John Breckenridge and Amber Blackburn, Plaintiff filed the instant Motion on March 9, 2020.

At the initial hearing on June 26, 2020, the Court granted the Motion solely as to the Form Interrogatories propounded on Defendant John Breckenridge. The Court continued the hearing as to the remaining discovery requests and ordered Plaintiff to pay seven (7) additional motion filing fees. The filing fees were paid on the same date. Plaintiff also gave notice of the continued hearing date to Defendants on July 1, 2020. (Proof of Service, filed 7/1/20.)

On August 24, 2020, only five court days prior to the continued hearing date, Defendants untimely filed and electronically served an opposition to the Motion, in violation of the notice requirements of the Code of Civil Procedure.

Discussion

Defendants’ opposition contends responses were served to the discovery requests that remain to be ruled on by the Court. (Opp., Butler Decl., ¶¶3-5 and Exhs. A-C.) Some the responses were apparently served in November 2019 to Plaintiff’s former counsel; some of the responses were served following the Court’s ruling on March 9, 2020. (Ibid.)

Plaintiff, however, has not been provided an opportunity to file a reply addressing these responses and whether they substantially comply with the requirements of the Discovery Code due to Defendants’ extremely dilatory opposition. In fact, Defendants could have avoided the time, effort and expense of this Motion by responding to the meet and confer letter sent to defense counsel on February 13, 2020. (Motion, Friedman Decl., Exh. B.) Defendants could have further filed an opposition prior to the hearing on June 26, 2020. Instead, Defendants waited until the eleventh hour to contend the Motion is “largely moot.” Therefore, the Court exercises its discretion to refuse to consider the grossly untimely opposition. (Cal. Rules of Court, Rule 3.1300, subd. (d).)

Based on Defendants’ failure to serve initial responses, Plaintiff’s remaining discovery requests with respect to the interrogatories, request for production and request to deem admissions admitted against both Defendants is granted. There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendants to serve verified responses to the form interrogatories and request for production without objections. The Court also deems the requests for admission admitted against Defendants.

Defendants’ 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. The request for sanctions is granted against Defendants Breckenridge and Blackburn in the amount of $425.00 based on one hour of attorney time billed at $425.00 an hour. (Motion, Friedman Decl., ¶5.) The sanctions are to be paid within 30 days this order.

Conclusion

Plaintiff Westlake Services, Inc.’s Motion for Order (1) compelling Defendant John Breckenridge’s responses to special interrogatories and request for sanctions; (2) compelling Defendant John Breckenridge’s responses to requests for production and request for sanctions; (3) deeming requests for admission admitted against Defendant John Breckenridge and request for sanctions; (4) compelling Defendant Amber Blackburn’s responses to form interrogatories and request for sanctions; (5) compelling Defendant Amber Blackburn’s responses to special interrogatories and request for sanctions; (6) compelling Defendant Amber Blackburn’s responses to requests for production and request for sanctions; and (7) deeming requests for admission admitted against Defendant Amber Blackburn and request for sanctions are GRANTED. DEFENDANTS ARE TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANTS ARE FURTHER ORDERED TO JOINTLY AND SEVERALLY PAY SANCTIONS OF $425.00 TO PLAINTIFF WITHIN 30 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice of this order.

Case Number: 18STLC01817    Hearing Date: June 26, 2020    Dept: 26

Westlake Services, Inc. v. Midwest National Auto Sales and Lease, LLC, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Westlake Services, Inc.’s Motion Compelling Defendant John Breckenridge To Respond To Form Interrogatories and for Monetary Sanctions is GRANTED. Verified responses without objections are to be served within 20 days’ notice of this order. Sanctions of $425.00 are to be paid to Plaintiff’s counsel within 30 days’ notice of this order.

The hearing regarding the remaining discovery and sanctions requests is CONTINUED TO AUGUST 27, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Westlake Services, Inc. (“Plaintiff”) propounded Form Interrogatories, Special Interrogatories, Requests for Admission and Requests for Production of Documents on Defendants John Breckenridge and Amber Blackburn on December 31, 2019. (Motion, Friedman Decl., Exh. A.) Following Defendants John Breckenridge and Amber Blackburn’s failure to provide timely responses, Plaintiff extended the deadline to respond to February 27, 2020. (Id. at Exh. B.) Following no response from Defendants John Breckenridge and Amber Blackburn, Plaintiff filed the instant Motion on March 9, 2020. To date, no opposition has been filed.

Discussion

Initially, the Court addresses the fact that Plaintiff has filed a single discovery motion to compel responses or deem requests admitted under three different discovery statutes, with respect to eight separate sets of discovery. Yet Plaintiff has paid only a single filing fee. Filing the motions as a single motion 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.)

Based on the foregoing, the Court will rule on one discovery request as to one party, specifically, the request for compel Defendant John Breckenridge’s responses to the form interrogatories. There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendant John Breckenridge to serve verified responses to the form interrogatories without objections.

Defendant John Breckenridge’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. The request for sanctions is granted against Defendant John Breckenridge in the amount of $425.00 based on one hour of attorney time billed at $425.00 an hour. (Motion, Friedman Decl., ¶.) The sanctions are to be paid within 30 days this order.

Regarding the remaining discovery requests, The hearing is CONTINUED TO AUGUST 27, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE, PLAINTIFF IS ORDERED TO PAY MOTION FILING FEES FOR THE SEVEN (7) REMAINING REQUESTS: (1) compelling Defendant John Breckenridge’s responses to special interrogatories and request for sanctions; (2) compelling Defendant John Breckenridge’s responses to requests for production and request for sanctions; (3) deeming requests for admission admitted against Defendant John Breckenridge and request for sanctions; (4) compelling Defendant Amber Blackburn’s responses to form interrogatories and request for sanctions; (5) compelling Defendant Amber Blackburn’s responses to special interrogatories and request for sanctions; (6) compelling Defendant Amber Blackburn’s responses to requests for production and request for sanctions; and (7) deeming requests for admission admitted against Defendant Amber Blackburn and request for sanctions. FAILURE TO PAY THE FILING FEES AS ORDERED WILL RESULT IN THE COURT TAKING HEARING ON THE REMAINING DISCOVERY REQUESTS OFF CALENDAR.

Moving party to give notice of this order and the continued hearing date.

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