This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 23:19:26 (UTC).

BREAKWATER STUDIO LLC VS THE WILLIAM WARREN GROUP ET AL

Case Summary

On 12/29/2017 a Personal Injury - Other Personal Injury case was filed by BREAKWATER STUDIO LLC against THE WILLIAM WARREN GROUP in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8715

  • Filing Date:

    12/29/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff and Petitioner

BREAKWATER STUDIO LLC

Defendants and Respondents

BLACK COMPANY

DOES 1 TO 20

THE WILLIAM WARREN GROUP

STORQUEST

 

Court Documents

Unknown

3/21/2018: Unknown

NOTICE OF CASE MANAGEMENT CONFERENCE

5/7/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

Unknown

6/15/2018: Unknown

NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BENJAMIN L. GOLDSTEIN; [PROPOSED] ORDER

6/19/2018: NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BENJAMIN L. GOLDSTEIN; [PROPOSED] ORDER

NOTICE OF HEARING ON DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES, AND DECLARATION OF BENJAMIN L. GOLDSTEIN PURSUANT TO CCP ?430.41, IN SUPPORT THEREOF; [PROP

6/19/2018: NOTICE OF HEARING ON DEMURRER AND DEMURRER TO FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES, AND DECLARATION OF BENJAMIN L. GOLDSTEIN PURSUANT TO CCP ?430.41, IN SUPPORT THEREOF; [PROP

Unknown

7/2/2018: Unknown

CASE MANAGEMENT

7/6/2018: CASE MANAGEMENT

NOTICE OF RULING ON CASE MANAGEMENT CONFERENCE

7/9/2018: NOTICE OF RULING ON CASE MANAGEMENT CONFERENCE

BREAKWATER STUDIOS, LLC'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT

7/11/2018: BREAKWATER STUDIOS, LLC'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT'S MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT

CIVIL DEPOSIT

7/16/2018: CIVIL DEPOSIT

JURY FEES POSTED

7/16/2018: JURY FEES POSTED

REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE

7/18/2018: REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE

Minute Order

7/25/2018: Minute Order

RULING (1) DEMURRER TO FIRST AMENDED COMPLAINT; (2) MOTION TO STRIKE

7/25/2018: RULING (1) DEMURRER TO FIRST AMENDED COMPLAINT; (2) MOTION TO STRIKE

NOTICE OF RULING RE DEMURRER AND MOTION TO STRIKE

7/27/2018: NOTICE OF RULING RE DEMURRER AND MOTION TO STRIKE

Motion to Compel Further Discovery Responses

4/19/2019: Motion to Compel Further Discovery Responses

SUMMONS

12/29/2017: SUMMONS

COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF

12/29/2017: COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF

15 More Documents Available

 

Docket Entries

  • 06/19/2019
  • Motion to Strike; Filed by The William Warren Group (Defendant); Storquest, Clack Company (Defendant)

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  • 05/24/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Post-Mediation Status Conference - Not Held - Continued - Stipulation

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  • 04/19/2019
  • Motion to Compel Further Discovery Responses; Filed by The William Warren Group (Defendant)

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  • 03/12/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by The William Warren Group (Defendant)

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  • 10/22/2018
  • Answer (to First Amended Complaint); Filed by The William Warren Group (Defendant)

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  • 10/16/2018
  • Request for Dismissal (Other*Fifth cause of action for fraud only. Without prejudice)

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  • 07/27/2018
  • NOTICE OF RULING RE DEMURRER AND MOTION TO STRIKE

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  • 07/27/2018
  • Notice of Ruling; Filed by The William Warren Group (Defendant); Storquest, Clack Company (Defendant)

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  • 07/25/2018
  • at 08:31 AM in Department 47; Hearing on Demurrer - without Motion to Strike - Held

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  • 07/25/2018
  • Minute order entered: 2018-07-25 00:00:00; Filed by Clerk

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33 More Docket Entries
  • 05/07/2018
  • at 08:30 AM in Department 3; Court Order - Held

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  • 05/07/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 05/07/2018
  • Minute order entered: 2018-05-07 00:00:00; Filed by Clerk

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  • 05/07/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/26/2018
  • Minute Order

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  • 03/21/2018
  • Receipt; Filed by The William Warren Group (Defendant)

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  • 03/21/2018
  • CIVIL DEPOSIT

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  • 12/29/2017
  • Complaint; Filed by Breakwater Studio LLC (Plaintiff)

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  • 12/29/2017
  • SUMMONS

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  • 12/29/2017
  • COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF

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Tentative Rulings

Case Number: BC688715    Hearing Date: February 25, 2020    Dept: 47

Breakwater Studios, LLC v. The William Warren Group individually and dba Storquest, et al.

 

MOTION TO COMPEL ANSWERS TO REQUEST FOR PRODUCTION, SET TWO; REQUEST FOR SANCTIONS

MOVING PARTY: Defendant William Warren Properties, Inc. dba Storquest – Hollywood/Sunset

RESPONDING PARTY(S): Plaintiff Breakwater Studios, LLC

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs allege that Defendant erroneously concluded that Plaintiff had abandoned its storage unit being rented from Defendant, and Defendant disposed of Plaintiff’s property.

Defendant William Warren Properties, Inc. dba Storequest – Hollywood/Sunset moves to compel answers to its request for production, set two, and for sanctions.

TENTATIVE RULING:

Defendant William Warren Properties, Inc. dba Storequest – Hollywood/Sunset’s motion to compel answers to request for production, set two, is DENIED AS MOOT.

Defendant’s request for sanctions is GRANTED in the amount of $60.00 against Plaintiff’s counsel of record only, Law Offices of Martin Glickfield. ($60 filing fee.) The Court will consider revising the sanctions award if Defendant’s counsel provides a basis for his request for $1,250.00 in attorney’s fees at the hearing.

DISCUSSION:

Motion To Compel Responses To Request for Production of Documents (Set Two)

When a party to whom an inspection demand is directed fails to respond under CCP § 2031.300(b), a party making the demand may move for an order compelling a response to the inspection demand. A party who fails to provide timely responses waives any objection, including one based on privilege or work product. (CCP § 2031.300(a).)

Here, although Defendant has labeled its motion a motion to compel, and its notice of motion also asks the Court to compel Plaintiff to answer, the motion itself makes clear that Plaintiff already answered. Therefore, Defendant appears to be requesting that the Court compel compliance with these requests, because Plaintiff “has not produced the documents agreed to be produced.” (Motion, at p. 7.) Under those circumstances, a motion to compel compliance would have been appropriate.

However, Plaintiff’s opposition indicates that Plaintiff has now served verified responses to these requests. (Declaration of Martin Glickfield ¶ 7.) Thus, there is no longer any need to compel the responses or to compel compliance with the requests. If Defendant is dissatisfied with the responses that Plaintiff has provided, the proper motion would be a motion to compel further responses, keeping in mind the 45-day jurisdictional limit for that motion. (CCP § 2031.310(c).)

Accordingly, the motion to compel responses to requests for production (set two) is DENIED as MOOT.

Defendant’s request for sanctions, which are mandatory (CCP §§ 2031.300(c); 2031.320(b)), is GRANTED in the amount of $60.00 against Plaintiff’s counsel of record only, Law Offices of Martin Glickfield. ($60 filing fee.) There is no evidence that Plaintiff’s failure to respond was the fault of Plaintiff. As for fees in addition to the filing fee, the Declaration of Benjamin Goldstein provides no basis for the request for attorney’s fees in the amount of $1,250.00. The declarant has not stated his hourly rate or indicated how many hours of work are represented in the $1250.00 total. The Court will consider revising the sanctions award if Defendant’s counsel provides this information at the hearing.

Moving party give notice, unless waived.

IT IS SO ORDERED.

Dated: February 25, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org