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This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 21:30:02 (UTC).

EMMETT FURLA OASIS FILMS LLC ET AL VS MORGAN CREEK PRODUCTIO

Case Summary

On 10/28/2015 EMMETT FURLA OASIS FILMS LLC filed a Contract - Other Contract lawsuit against MORGAN CREEK PRODUCTIO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELIZABETH ALLEN WHITE and BARBARA A. MEIERS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9301

  • Filing Date:

    10/28/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELIZABETH ALLEN WHITE

BARBARA A. MEIERS

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

EMMETT FURLA OASIS FILMS LLC

EMMETT RANDALL

FURLA GEORGE

EMMETT/FURLA FILMS

Defendants and Respondents

DOES 1 THROUGH 20

MORGAN CREEK PRODUCTIONS INC

MORGAN CREEK PRODUCTIONS INC.

Defendant and Cross Plaintiff

MORGAN CREEK PRODUCTIONS INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HAMRICK & EVANS LLP

HAMRICK A. RAYMOND III

Defendant and Respondent Attorney

GLASER PATRICIA L. ESQ.

Cross Plaintiff Attorney

KOZBERG JOEL

 

Court Documents

NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL

4/18/2018: NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL

Appeal - Remittitur - Appeal Dismissed

10/15/2018: Appeal - Remittitur - Appeal Dismissed

NOTICE OF CASE MANAGEMENT CONFERENCE

11/23/2015: NOTICE OF CASE MANAGEMENT CONFERENCE

MORGAN CREEK'S OPPOSITION TO MOTION TO DISQUALIFY; ETC.

1/20/2016: MORGAN CREEK'S OPPOSITION TO MOTION TO DISQUALIFY; ETC.

DECLARATION OF GEORGE FURLA IN SUPPORT OF REPLY BRIEF TO MOTION TO DISQUALIFY MORGAN CREEK PRODUCTIONS, INC.'S COUNSEL

1/26/2016: DECLARATION OF GEORGE FURLA IN SUPPORT OF REPLY BRIEF TO MOTION TO DISQUALIFY MORGAN CREEK PRODUCTIONS, INC.'S COUNSEL

DECLARATION OF A. RAYMOND HAMRICK, III IN SUPPORT OF PLAINTIFFS EMMETT FURLA OASIS FILMS, LLC, RANDALL EMMETT, AND GEORGE FURLA'S MOTION TO STAY ACTION PENDING APPEAL

4/27/2016: DECLARATION OF A. RAYMOND HAMRICK, III IN SUPPORT OF PLAINTIFFS EMMETT FURLA OASIS FILMS, LLC, RANDALL EMMETT, AND GEORGE FURLA'S MOTION TO STAY ACTION PENDING APPEAL

DECLARATION OF GEORGE FURLA IN SUPPORT OF PLAINTIFFS EMMETT FURLA OASIS FILMS, LLC, RANDALL EMMETT, AND GEORGE FURLA'S MOTION TO STAY ACTION PENDING APPEAL

4/27/2016: DECLARATION OF GEORGE FURLA IN SUPPORT OF PLAINTIFFS EMMETT FURLA OASIS FILMS, LLC, RANDALL EMMETT, AND GEORGE FURLA'S MOTION TO STAY ACTION PENDING APPEAL

Minute Order

4/25/2017: Minute Order

NOTICE OF MOTION AND MOTION TO DISQUALIFY MORGAN CREEK PRODUCTIONS, INC.'S COUNSEL, ETC

9/19/2017: NOTICE OF MOTION AND MOTION TO DISQUALIFY MORGAN CREEK PRODUCTIONS, INC.'S COUNSEL, ETC

Proof of Service

9/25/2017: Proof of Service

DECLARATION OF DAVID ROBINSON IN SUPPORT OF MORGAN CREEK'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY GLASER WELL

9/25/2017: DECLARATION OF DAVID ROBINSON IN SUPPORT OF MORGAN CREEK'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY GLASER WELL

DECLARATION OF DAVID ROBINSON IN SUPPORT OF MORGAN CREEK'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY GLASER WEIL

9/26/2017: DECLARATION OF DAVID ROBINSON IN SUPPORT OF MORGAN CREEK'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY GLASER WEIL

AMENDED OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY GLASER WEIL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CRAIG MARCUS

9/26/2017: AMENDED OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY GLASER WEIL; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CRAIG MARCUS

PLAINTIFFS' EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CRAIG H. MARCUS IN SUPPORT OF DFFENDANT MORGAN CREEK PRODUCTIONS, INC.'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY MORGAN CREEK PRODUCTION

10/2/2017: PLAINTIFFS' EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CRAIG H. MARCUS IN SUPPORT OF DFFENDANT MORGAN CREEK PRODUCTIONS, INC.'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY MORGAN CREEK PRODUCTION

PLAINTIFFS' EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DAVID ROBINSON IN SUPPORT OF DEFENDANT MORGAN CREEK PRODUCTIONS, INC.'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY MORGAN CREEK PRODUCTIONS

10/2/2017: PLAINTIFFS' EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DAVID ROBINSON IN SUPPORT OF DEFENDANT MORGAN CREEK PRODUCTIONS, INC.'S OPPOSITION TO PLAINTIFFS' MOTION TO DISQUALIFY MORGAN CREEK PRODUCTIONS

RULING

10/16/2017: RULING

Minute Order

10/16/2017: Minute Order

Minute Order

12/15/2017: Minute Order

69 More Documents Available

 

Docket Entries

  • 06/21/2019
  • at 08:31 AM in Department 48, Elizabeth Allen White, Presiding; Status Conference - Not Held - Advanced and Continued - by Court

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  • 01/25/2019
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Status Conference (Re Appeal) - Held

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  • 01/25/2019
  • Minute Order ( (Status Conference Re Appeal)); Filed by Clerk

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  • 12/10/2018
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Court Order

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  • 12/10/2018
  • Minute Order ((Court Order Resetting Status Conference)); Filed by Clerk

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  • 12/10/2018
  • Certificate of Mailing for (Minute Order (Court Order Resetting Status Conference) of 12/10/2018); Filed by Clerk

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  • 11/21/2018
  • Substitution of Attorney; Filed by Joel Kozberg (Attorney)

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  • 10/15/2018
  • Appeal - Remittitur - Appeal Dismissed (B286823); Filed by Clerk

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  • 06/29/2018
  • at 08:30 AM in Department 48; Status Conference (Status Conference; Continued by Court) -

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  • 06/29/2018
  • Minute Order

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157 More Docket Entries
  • 11/13/2015
  • PROOF OF SERVICE SUMMONS

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  • 11/04/2015
  • at 00:00 AM in Department 12; Unknown Event Type - Held - Motion Granted

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  • 11/04/2015
  • Challenge To Judicial Officer - Peremptory (170.6); Filed by Emmett Furla Oasis Films, LLC (Plaintiff); Randall Emmett (Plaintiff); George Furla (Plaintiff)

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  • 11/04/2015
  • Minute order entered: 2015-11-04 00:00:00; Filed by Clerk

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  • 11/04/2015
  • PEREMPTORY CHALLENGE TO JUDICIAL OFFICER

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  • 11/03/2015
  • Notice of Case Management Conference; Filed by Clerk

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  • 11/03/2015
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/28/2015
  • Complaint; Filed by Emmett Furla Oasis Films, LLC (Plaintiff); Randall Emmett (Plaintiff); George Furla (Plaintiff)

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  • 10/28/2015
  • COMPLAINT FOR DAMAGES FOR: 1. BREACH OF CONTRACT; ETC

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  • 10/28/2015
  • SUMMONS

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Tentative Rulings

Case Number: BC599301    Hearing Date: December 02, 2020    Dept: 48

[TENTATIVE] ORDER RE MOTION FOR TERMINATING SANCTIONS

On March 5, 2020, the Court granted Plaintiff Emmett Furla Oasis Films LLC’s motions to compel further responses to form and special interrogatories and ordered Defendant Morgan Creek Productions, Inc. to provide further responses without objections and a privilege log within 20 days. The Court ordered sanctions of $3,250.00 against Plaintiff’s counsel. Defendant never provided the responses. On November 3, 2020, Plaintiff filed this motion for terminating, issue, or monetary sanctions.

Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) The Court may impose a terminating sanction against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subd. (d).) Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying a court order to provide discovery. (Code Civ. Proc., § 2023.010, subds. (d), (g).) A terminating sanction may be imposed by an order dismissing part or all of the action. (Code Civ. Proc., § 2023.030, subd. (d)(3).)

The court should consider the totality of the circumstances, including conduct of the party to determine if the actions were willful, the determent to the propounding party, and the number of formal and informal attempts to obtain discovery. (Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.) If a lesser sanction fails to curb abuse, a greater sanction is warranted. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) However, “the unsuccessful imposition of a lesser sanction is not an absolute prerequisite to the utilization of the ultimate sanction.” (Deyo v. Killbourne (1978) 84 Cal.App.3d 771, 787.) Terminating sanctions should not be ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.)

Before any sanctions may be imposed the court must make an express finding that there has been a willful failure of the party to comply. (Fairfield v. Superior Court for Los Angeles County (1966) 246 Cal.App.2d 113, 118.) Lack of diligence may be deemed willful where the party understood its obligation, had the ability to comply, and failed to comply. (Deyo, supra, 84 Cal.App.3d at p. 787; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 605, 610-611.) The party who failed to comply with discovery obligations has the burden of showing that the failure was not willful. (Deyo, supra, 84 Cal.App.3d at p. 788; Cornwall v. Santa Monica Dairy Co. (1977) 66 Cal.App.3d 250; Evid. Code, §§ 500, 605.)

In its opposition, Defendant states defense counsel is solely responsible for the failure to comply with the March 5, 2020 order. Because of the pandemic, defense counsel had to work from home but did not have the same ability to work as in the office. Then, defense counsel forgot about the order and did not remember it until Plaintiff filed this motion. Defense counsel paid the prior monetary sanctions and provided the privilege log. Defendant states that it is substituting new counsel and that new counsel will need to review the responses.

The Court cannot conclude that Defendant willfully failed to comply with the March 5 order. Therefore terminating sanctions, or evidentiary or issue sanctions that are tantamount to terminating sanctions, are not warranted. Defendant is to comply with the March 5 order by December 7, 2020. The request for monetary sanctions is GRANTED. The Court orders defense counsel Joel M. Kozberg to pay $2,900.00 within 15 days of the date of this order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

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