This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:54:38 (UTC).

DAN SHERLOCK ET AL VS ERMACITY CONSTRUCTION CORP ET AL

Case Summary

On 01/26/2018 DAN SHERLOCK filed a Contract - Other Contract lawsuit against ERMACITY CONSTRUCTION CORP. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2058

  • Filing Date:

    01/26/2018

  • 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

 

Party Details

Plaintiffs, Petitioners and Respondents

SHERLOCK DAN

BLAYLOCK JASON

IMPRESSIONS IN STONE AND TILE

Defendants, Respondents and Petitioners

CALIFORNIA PROPERTY MAINTENANCE

PERMACITY CONSTRUCTION CORP.

IMPRESSIONS IN STONE AND TILE

PERMACITY CORP

PERMACITY SOLAR INC

LUXVUE LTD

PIERRE CONSTRUCTION

PLATINUM ROOFING INC.

BELT GLEN

TORRE ARNULFO GOMEZ DE LA

SIDING PROS CORPORATION DOE 1

BELT GLEN DBA IMPRESSIONS IN STONE & TILE

Defendants and Cross Plaintiffs

BELT GLEN DBA IMPRESSIONS IN STONE & TILE

TORRE ARNULFO GOMEZ DE LA DBA CALIFORNIA PROPERTY MAINTENANCE

Cross Defendants

ROES 1 THROUGH 20

ROES 1-100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

TREYZON BORIS ESQ.

TREYZON BORIS

Defendant Attorneys

LAU WENDY MONICA

SOBEL STEVEN A. ESQ.

RHODES BRIAN W. ESQ.

HOSP GILBERT BERGSTEN & HOUGH

BUCK RICHARD

MOLINARI DAVID GERARD ESQ.

JEFFERY & GROSFELD LLP

O'BRIEN JILLISA L. ESQ.

LASKIN TAMARA A. ESQ.

PARME MICHAEL

LAU WENDY M.

MOLINARI DAVID G.

BERGSTEN ROBERT T.

SOBEL STEVEN A.

RHODES BRIAN W.

O'BRIEN JILLISA L.

HOWETT TIMOTHY MICHAEL

Cross Plaintiff Attorney

BURNETT KATELYN

 

Court Documents

Association of Attorney

8/2/2019: Association of Attorney

Minute Order

8/7/2019: Minute Order

ANSWER OF DEFENDANT LUXVUE, LTD., A CALIFORNIA CORPORATION, TO COMPLAINT OF DAN SHERLOCK AND JASON BLAYLOCK

4/13/2018: ANSWER OF DEFENDANT LUXVUE, LTD., A CALIFORNIA CORPORATION, TO COMPLAINT OF DAN SHERLOCK AND JASON BLAYLOCK

PROOF OF SERVICE SUMMONS

4/24/2018: PROOF OF SERVICE SUMMONS

NOTICE OF POSTING JURY FEES

5/4/2018: NOTICE OF POSTING JURY FEES

PROOF OF SERVICE OF SUMMONS

5/4/2018: PROOF OF SERVICE OF SUMMONS

PLAINTIFFS' NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE

5/8/2018: PLAINTIFFS' NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE SUMMONS

6/12/2018: PROOF OF SERVICE SUMMONS

Minute Order

7/5/2018: Minute Order

NOTICE OF ASSOCIATION OF COUNSEL ON BEHALF OF DEFENDANT AND CROSS-COMPLAINANT, PIERRE CONSTRUCTION

7/10/2018: NOTICE OF ASSOCIATION OF COUNSEL ON BEHALF OF DEFENDANT AND CROSS-COMPLAINANT, PIERRE CONSTRUCTION

CIVIL DEPOSIT

7/11/2018: CIVIL DEPOSIT

CIVIL DEPOSIT

8/16/2018: CIVIL DEPOSIT

GLEN BELT DBA IMPRESSION IN STONE & TILE'S NOTICE OF ASSOCIATION OF COUNSEL

9/20/2018: GLEN BELT DBA IMPRESSION IN STONE & TILE'S NOTICE OF ASSOCIATION OF COUNSEL

Proof of Service by Substituted Service

11/15/2018: Proof of Service by Substituted Service

PLAINTIFFS' NOTICE OF ORDER TO SHOW CAUSE HEARING AND CASE MANAGEMENT CONFERENCE

3/12/2018: PLAINTIFFS' NOTICE OF ORDER TO SHOW CAUSE HEARING AND CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE SUMMONS

3/15/2018: PROOF OF SERVICE SUMMONS

NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

2/27/2018: NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL

NOTICE OF CASE MANAGEMENT CONFERENCE

2/5/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

57 More Documents Available

 

Docket Entries

  • 10/15/2019
  • Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/07/2019
  • Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/13/2019
  • DocketSubstitution of Attorney; Filed by Arnulfo Gomez De La Torre (Cross-Complainant)

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  • 08/12/2019
  • DocketAnswer (Defendant And Cross-Defendant Siding Pros Corporation's Answer To Plaintiffs' Complaint); Filed by Siding Pros Construction (Defendant)

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  • 08/07/2019
  • Docketat 09:00 AM in Department 61; Post-Mediation Status Conference - Held

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  • 08/07/2019
  • DocketMinute Order ( (Post-Mediation Status Conference)); Filed by Clerk

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  • 08/02/2019
  • DocketAssociation of Attorney; Filed by Arnulfo Gomez De La Torre dba California Property Maintenance Erroneously Sued As California Property Maintenance (Defendant)

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  • 06/24/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Boris Treyzon (Attorney)

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  • 05/07/2019
  • Docketat 09:00 AM in Department 61; Hearing on Motion for Summary Adjudication

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  • 03/20/2019
  • DocketAssociation of Attorney; Filed by Pierre Yaralian dba Pierre Construction Erroneously Sued As Pierre Construction (Defendant)

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113 More Docket Entries
  • 02/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 02/05/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/05/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 02/05/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/05/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/26/2018
  • DocketComplaint; Filed by Dan Sherlock (Plaintiff); Jason Blaylock (Plaintiff)

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  • 01/26/2018
  • DocketPLAINTIFFS' NOTICE OF POSTING JURY FEES

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  • 01/26/2018
  • DocketCOMPLAINT FOR DAMAGES: 1. BREACH OF CONTRACT ;ETC

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  • 01/26/2018
  • DocketSUMMONS

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  • 01/26/2018
  • DocketCIVIL DEPOSIT

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Tentative Rulings

Case Number: BC692058    Hearing Date: March 11, 2020    Dept: 61

Plaintiffs Dan Sherlock and Jason Blaylock’s Motions to Compel Responses to Form Interrogatories and Requests for Production, Set One, and Deem Requests for Admission, Set One, Admitted Against Defendants Permacity Solar, Inc., Permacity Construction Corp., and Permacity Corp. are GRANTED. Sanctions are awarded against Defendants and their counsel in the amount of $4,590.

Plaintiffs to provide notice.

  1. MOTION TO COMPEL

A propounding party may demand a responding party to produce documents that are in their possession, custody or control. (Code Civ. Proc., § 2031.010.) A party may likewise conduct discovery by propounding interrogatories to another party to be answered under oath. (Code Civ. Proc. § 2030.010, subd. (a).) The responding party must respond to the production demand either by complying, by representing that the party lacks the ability to comply, or by objecting to the demand. (Code Civ. Proc., § 2031.210.) The responding party must respond to the interrogatories by answering or objecting. (Code Civ. Proc. § 2030.210, subd. (a).) If the responding party fails to serve timely responses, the propounding party may move for an order compelling responses to the production demand and interrogatories. (Code Civ. Proc., §§ 2030.290, 2031.300.)

A party who fails to serve a timely response to interrogatories or a demand for inspection waives any objection to the demand. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Likewise, “[a]ny party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for admissions, “[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction” (Code Civ. Proc., § 2033.280 subd. (b).)

A party who fails to timely respond to requests for admission waives all objections to the requests. (Code Civ. Proc. § 2033.280, subd. (a).)

Plaintiffs contend that they served Requests for Production, Set One, on Defendants Permacity Solar, Inc., Permacity Construction Corp., and Permacity Corp. on April 23, 2018, but that no responses have been received. (Bederman Decl. ¶¶ 2–4.) Plaintiffs have also received no responses to Requests for Admission and Form Interrogatories, Set One, served on these same defendants on August 12, 2019. (Bederman Decl. ¶¶ 2–4.) No opposition has been served.

If code-compliant and objection-free responses are not served by the hearing on this motion, the motions to compel and deem admitted will be GRANTED.

  1. SANCTIONS

The prevailing party on a motion to compel is generally entitled to monetary sanctions, unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are also mandatory against a party whose failure to serve responses to requests for admission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).) Plaintiffs seek $510 in sanctions in connection with each motion, representing one hour of attorney work per motion at $450 per hour, plus a $60 filing fees, multiplied by nine motions. (Bederman Decl. ¶ 5.) Plaintiffs also seek $1,350.00 for three hours anticipated attending the hearing on these motions, making for a total request of $5,940.00. (Bederman Decl. ¶ 5.) The court awards sanctions against Defendants and their counsel in the amount of $4,590.