ASSISTED LIVING AMERICA, LLC VS BE LA CIENEGA LLC, ET AL.

Tentative Rulings

Case Number: *******5674    Hearing Date: November 16, 2020    Dept: 74

*******5674 ASSISTED LIVING AMERICA vs BE LA CIENEGA

Defendant Zachary Zalben’s Motion to Compel Further Responses to Requests for Admission and Form Interrogatory 17.1

TENTATIVE RULING: The motion is GRANTED. Plaintiff shall serve complete, verified, code-compliant responses within 20 days. Both parties’ requests for sanctions are DENIED.

Although a portion of a request is objectionable the “the remainder of the request shall be answered.” Plaintiff failed to comply with Code Civ. Proc., ; 2033.230(a) as it did not provide responses to any portion of Zalben’s requests.

Case Number: *******5674    Hearing Date: October 02, 2020    Dept: 74

*******5674 ASSISTED LIVING AMERICA, LLC vs BE LA CIENEGA LLC

Defendants Darren Weinstock and Zachary Zalben’s Amended Motion to Expunge Lis Pendens and Request for Sanctions (joined by BE La Cienega and BE 1022 La Cienega LLC)

TENTATIVE RULING: The hearing on this motion, the post-arbitration status conference and case management conference are CONTINUED to October 26, 2020 at 8:30 a.m. to afford plaintiff the opportunity to respond to new evidence submitted by defendants on reply. Plaintiff may file and serve a memorandum of points and authorities of no more than 5 pages as well as any other evidence in response to the evidence defendant submitted in support of its reply no later than October 7, 2020.

Evidentiary Objections

Defendants’ Objections to the Declaration of Dean Isaacson

The following objections are SUSTAINED: 23, 28, and 29. All other objections are OVERRULED.

Plaintiff’s Objections to the Supplemental Declaration of Stephen D. Rothschild

The following objection is SUSTAINED: 5. All other objections are OVERRULED.

Case Number: *******5674    Hearing Date: August 18, 2020    Dept: 74

*******5674 ASSISTED LIVING AMERICA, LLC vs BE LA CIENEGA LLC

(1) Plaintiff’s Motion for Protective Order

(2) Plaintiff’s Motion to Compel Discovery from Be La Cienega

(3) Plaintiff’s Motion to Compel Discovery from Be La Cienega and Be 1022 La Cienega

TENTATIVE RULINGS

(1) Plaintiff’s Motion for Protective Order is DENIED. Plaintiff is ordered to serve verified, code compliant responses within 20 days. All requests for sanctions are DENIED.

(2) Plaintiff’s Motion to Compel Discovery from Be La Cienega and (3) Plaintiff’s Motion to Compel Discovery from Be La Cienega and Be 1022 La Cienega are GRANTED. Defendants are ordered to serve verified, code compliant responses within 20 days and to produce all responsive documents within 30 days. To the extent defendant claims a privilege or asserts a right to privacy over any of the responsive documents or information, defendant shall simultaneously serve a privilege log with the document production that, at a minimum, identifies each document for which a privilege or privacy right is claimed, its author, recipients, date of preparation, and the specific privilege or privacy right claimed. All requests for sanctions are DENIED.

Case Number: *******5674    Hearing Date: August 11, 2020    Dept: 74

*******5674 ASSISTED LIVING AMERICA vs BE LA CIENEGA LLC

Plaintiff’s Motion to Compel Responses to Form Interrogatories to (1) Be La Cienega LLC and (2) Be 1022 La Cienega LLC

TENTATIVE RULINGS: Both motions are GRANTED. Defendants shall serve verified, code compliant responses to these interrogatories within 20 days. Plaintiff’s request for sanctions is GRANTED. Defendant shall pay plaintiff sanctions in the amount of $1,220 within 30 days. Moving party to give notice.

Plaintiff propounded this discovery on November 6, 2019. Defendants failed to respond, assert that Plaintiff’s email service of the discovery requests is improper, and argue this action is stayed due to the arbitration of two causes of action. The stay order, however, specifically allows discovery relating to Zalben’s and Weinstock’s motion to expunge lis pendens.

CRC Rule 2.251(a) states, “When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6 and the rules in this chapter.” While a party may expressly consent to electronic service, as noted above, such is not required. As such, Defendants’ improper service argument fails.

Service was proper. “When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6 and the rules in this chapter.” CRC Rule 2.251(a).

Sanctions

Plaintiff is entitled to an order compelling Defendants’ response and an award of sanctions. Plaintiff complied with C.C.P. ;2023.040 by requesting sanctions in its notice and identifying the person against whom the sanction is sought.

Accordingly, the Court GRANTS Plaintiff’s motion to compel and sanctions in the amount of $1,220 (filing fees for each motion and two hours to draft each motion at a rate of $550 per hour.)

Case Number: *******5674    Hearing Date: August 06, 2020    Dept: 74

*******5674 ASSISTED LIVING AMERICA, LLC vs BE LA CIENEGA LLC

Plaintiff’s Motions to Compel Discovery

TENTATIVE RULINGS:

1. Plaintiff’s Motion to Compel Darren Weinstock to Respond to Form Interrogatories (set one) is GRANTED.

2. Plaintiff’s Motion to Compel Zachary Zalben to Respond to Form Interrogatories (set one) is GRANTED.

3. Plaintiff’s Motion to Compel Darren Weinstock to Respond to Special Interrogatories (set one) is GRANTED.

4. Plaintiff’s Motion to Compel Zachary Zalben to Respond to Special Interrogatories (set one) is GRANTED.

5. Plaintiff’s Motion to Compel Darren Weinstock to Respond to Requests for Production of Documents (set one) is GRANTED.

6. Plaintiff’s Motion to Compel Zachary Zalbe to Respond to Requests for Production of Documents (set one) is GRANTED.

Plaintiff propounded each discovery request upon Defendants on September 20, 2019. Defendants assert that Plaintiff’s email service of the discovery requests is improper and notes that this action is stayed due to the arbitration of two causes of action. The stay order, however, specifically allows discovery relating to Zalben’s and Weinstock’s motion to expunge lis pendens.

Service was proper. “When a document may be served by mail, express mail, overnight delivery, or fax transmission, the document may be served electronically under Code of Civil Procedure section 1010.6 and the rules in this chapter.” CRC Rule 2.251(a).

Sanctions

Plaintiff is entitled to an order compelling Defendants’ response and an award of sanctions. Plaintiff complied with C.C.P. ;2023.040 by requesting sanctions in its notice and identifying the person against whom the sanction is sought.

Accordingly, the Court GRANTS Plaintiff’s motion to compel and sanctions in the amount of $3,660 (filing fees for each motion and six hours to draft each motion at a rate of $550 per hour.)