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.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
IMPRESSIONS IN STONE AND TILE
CALIFORNIA PROPERTY MAINTENANCE
PERMACITY CONSTRUCTION CORP.
IMPRESSIONS IN STONE AND TILE
PERMACITY SOLAR INC
PLATINUM ROOFING INC.
TORRE ARNULFO GOMEZ DE LA
SIDING PROS CORPORATION DOE 1
BELT GLEN DBA IMPRESSIONS IN STONE & TILE
BELT GLEN DBA IMPRESSIONS IN STONE & TILE
TORRE ARNULFO GOMEZ DE LA DBA CALIFORNIA PROPERTY MAINTENANCE
ROES 1 THROUGH 20
TREYZON BORIS ESQ.
LAU WENDY MONICA
SOBEL STEVEN A. ESQ.
RHODES BRIAN W. ESQ.
HOSP GILBERT BERGSTEN & HOUGH
MOLINARI DAVID GERARD ESQ.
JEFFERY & GROSFELD LLP
O'BRIEN JILLISA L. ESQ.
LASKIN TAMARA A. ESQ.
LAU WENDY M.
MOLINARI DAVID G.
BERGSTEN ROBERT T.
SOBEL STEVEN A.
RHODES BRIAN W.
O'BRIEN JILLISA L.
HOWETT TIMOTHY MICHAEL
8/2/2019: Association of Attorney
8/7/2019: Minute Order
4/13/2018: ANSWER OF DEFENDANT LUXVUE, LTD., A CALIFORNIA CORPORATION, TO COMPLAINT OF DAN SHERLOCK AND JASON BLAYLOCK
4/24/2018: PROOF OF SERVICE SUMMONS
5/4/2018: NOTICE OF POSTING JURY FEES
5/4/2018: PROOF OF SERVICE OF SUMMONS
5/8/2018: PLAINTIFFS' NOTICE OF RULING AT CASE MANAGEMENT CONFERENCE
6/12/2018: PROOF OF SERVICE SUMMONS
7/5/2018: Minute Order
7/10/2018: NOTICE OF ASSOCIATION OF COUNSEL ON BEHALF OF DEFENDANT AND CROSS-COMPLAINANT, PIERRE CONSTRUCTION
7/11/2018: CIVIL DEPOSIT
8/16/2018: CIVIL DEPOSIT
9/20/2018: GLEN BELT DBA IMPRESSION IN STONE & TILE'S NOTICE OF ASSOCIATION OF COUNSEL
11/15/2018: Proof of Service by Substituted Service
3/12/2018: PLAINTIFFS' NOTICE OF ORDER TO SHOW CAUSE HEARING AND CASE MANAGEMENT CONFERENCE
3/15/2018: PROOF OF SERVICE SUMMONS
2/27/2018: NOTICE OF ACKNOWLEDGEMENT OF RECEIPT - CIVIL
2/5/2018: NOTICE OF CASE MANAGEMENT CONFERENCE
Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Jury TrialRead MoreRead Less
Hearingat 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Final Status ConferenceRead MoreRead Less
DocketSubstitution of Attorney; Filed by Arnulfo Gomez De La Torre (Cross-Complainant)Read MoreRead Less
DocketAnswer (Defendant And Cross-Defendant Siding Pros Corporation's Answer To Plaintiffs' Complaint); Filed by Siding Pros Construction (Defendant)Read MoreRead Less
Docketat 09:00 AM in Department 61; Post-Mediation Status Conference - HeldRead MoreRead Less
DocketMinute Order ( (Post-Mediation Status Conference)); Filed by ClerkRead MoreRead Less
DocketAssociation of Attorney; Filed by Arnulfo Gomez De La Torre dba California Property Maintenance Erroneously Sued As California Property Maintenance (Defendant)Read MoreRead Less
DocketNotice of Change of Address or Other Contact Information; Filed by Boris Treyzon (Attorney)Read MoreRead Less
Docketat 09:00 AM in Department 61; Hearing on Motion for Summary AdjudicationRead MoreRead Less
DocketAssociation of Attorney; Filed by Pierre Yaralian dba Pierre Construction Erroneously Sued As Pierre Construction (Defendant)Read MoreRead Less
DocketPROOF OF SERVICE SUMMONSRead MoreRead Less
DocketNOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
DocketORDER TO SHOW CAUSE HEARINGRead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketOSC-Failure to File Proof of Serv; Filed by ClerkRead MoreRead Less
DocketComplaint; Filed by Dan Sherlock (Plaintiff); Jason Blaylock (Plaintiff)Read MoreRead Less
DocketPLAINTIFFS' NOTICE OF POSTING JURY FEESRead MoreRead Less
DocketCOMPLAINT FOR DAMAGES: 1. BREACH OF CONTRACT ;ETCRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCIVIL DEPOSITRead MoreRead Less
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.
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.
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.