On 12/28/2017 a Contract - Other Contract case was filed by FRED KAYNE against HENRY BUSHKIN in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
****6486
12/28/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELIZABETH ALLEN WHITE
KAYNE FRED INDIVIDUALLY AND AS TRUSTEE
KAYNE FRED
DOES 1-50 INCLUSIVE
BUSHKIN HENRY
5/31/2018: NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BENJAMIN L. CAPLAN
6/6/2018: Minute Order
6/8/2018: NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE
7/19/2018: NOTICE OF RULING
10/9/2018: Answer
11/5/2018: Case Management Order
12/28/2017: NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT AND TO RECLASSIFY MATTER TO UNLIMITED JURISDICTION
12/28/2017: NOTICE OF CASE ASSIGNMENT
12/28/2017: NOTICE OF RULING
12/28/2017: DEFENDANT HENRY BUSHKIN'S RESPONSE AND PARTIAL OPPOSITION TO MOTION TO COMPEL AND FOR SANCTIONS
12/28/2017: NOTICE OF MOTION AND MOTION FOR (1) AN ORDER COMPELLING RESPONSES, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET ONE; ETC
12/28/2017: ANSWER TO COMPLAINT FOR BREACH OF ORAL CONTRACT
12/28/2017: PROOF OF SR VICE OF SUMMONS & COMPLAINT FOR BREACH OF ORAL CONTRACT
12/28/2017: RECEIPT FOR TRANSMITTED RECORD
12/28/2017: FIRST AMENDED COMPLAINT FOR BREACH OF ORAL CONTRACT
12/28/2017: Minute Order
12/28/2017: COMPLAINT FOR BREACH OF ORAL CONTRACT
12/28/2017: SUMMONS
Notice (of Ruling); Filed by Fred Kayne (Plaintiff)
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Case Management Conference - Held
Case Management Order; Filed by Clerk
Minute Order ((Case Management Conference)); Filed by Clerk
Answer (to Plaintiff's Second Amended Complaint); Filed by Henry Bushkin (Defendant)
at 08:30 AM in Department 48; Unknown Event Type - Held - Motion Granted
NOTICE OF RULING AND CONTINUED CASE MANAGEMENT CONFERENCE
Minute order entered: 2018-08-22 00:00:00; Filed by Clerk
Notice of Ruling; Filed by Fred Kayne (Plaintiff)
Second Amended Complaint; Filed by Fred Kayne (Plaintiff)
RECEIPT FOR TRANSMITTED RECORD
ANSWER TO COMPLAINT FOR BREACH OF ORAL CONTRACT
NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT AND TO RECLASSIFY MATTER TO UNLIMITED JURISDICTION
NOTICE OF CASE REASSIGNMENT AND ORDER FOR PLAINTIFF TO GIVE NOTICE (VACATE DATES)
CLERK'S NOTICE OF RECLASSIFICATION
AMENDED PROOF OF SERVICE RE NOTICE OF MOTION AND MOTION FOR(1) AN ORDER COMPELLING RESPONSES, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET ONE; ETC
SUMMONS
COMPLAINT FOR BREACH OF ORAL CONTRACT
First Amended Complaint for Breach of Oral Contract; Filed by Fred Kayne (Plaintiff)
Minute Order
Case Number: BC686486 Hearing Date: February 28, 2020 Dept: 48
Plaintiff's Motion to Deem Requests for Admissions Admitted is GRANTED.
Failure to timely respond to requests for admissions does not result in automatic admissions. Rather, the propounder of the requests for admissions must “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” under § 2023.010 et seq. (Code Civ. Proc., § 2033.280, subd. (b).) For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of requests was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.
Here, as of the date of the filing of the motion, Plaintiff had not received any responses to the requests for admission from Defendant. See Declaration of Benjamin Caplan, ¶ 21. Accordingly, Plaintiff is entitled to an order that the truth of any matters and the genuineness of all documents specified in the requests for admission are deemed admitted. The motion to deem admitted the truth of any matters and the genuineness of all documents specified in the requests for admission is
Plaintiff’s request for monetary sanctions against Defendant GRANTED in the total reduced amount of $747.50 (2.5 hours at $275/hour plus four $60 filing fee). Sanctions are to be paid to Plaintiff’s counsel within 10 days of notice of this ruling.
Moving party is ordered to give notice.
Case Number: BC686486 Hearing Date: February 26, 2020 Dept: 48
Plaintiff's Motions to Compel Defendant's Responses to Request for Production of Documents and Form Interrogatories are GRANTED.
When a party to whom requests for production of documents are directed fails to respond, under CCP § 2031.300(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. CCP § 2031.300(a). For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of requests was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.
When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. CCP § 2030.290(a). For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.
Here, as of the date of the filing of the motion, Plaintiff had not received any responses to the request for production of documents or interrogatories from Defendant. See Declaration of Benjamin Caplan, ¶ 21. Accordingly, Plaintiff is entitled to an order compelling responses. The motions to compel responses to request for production of documents and form interrogatories are GRANTED. Defendant is ordered to provide code-compliant, verified responses without objection within 10 days of notice of this ruling.
Plaintiff’s request for monetary sanctions against Defendant is GRANTED in the total reduced amount of $945.00 (3 hours at $275/hour plus $120 filing fee). Sanctions are to be paid to Plaintiff’s counsel within 10 days of notice of this ruling.
Moving party is ordered to give notice.
Case Number: BC686486 Hearing Date: February 25, 2020 Dept: 48
Plaintiff's Motion to Compel Defendant's Responses to Special Interrogatories is GRANTED.
When a party to whom interrogatories are directed fails to respond, under CCP § 2030.290(b) a party propounding the interrogatories may move for an order compelling a response. A party who fails to provide a timely response waives any objection, including one based on privilege or work product. CCP § 2030.290(a). For a motion to compel initial responses, no meet and confer is required. All that needs to be shown is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served.
Here, as of the date of the filing of the motion, Plaintiff had not received any responses to the special interrogatories from Defendant. See Declaration of Benjamin Caplan, ¶ 21. Accordingly, Plaintiff is entitled to an order compelling responses. The motions to compel responses to special interrogatories are GRANTED.
Defendant is ordered to provide code-compliant, verified responses without objection within 10 days of notice of this ruling.
Plaintiff’s request for monetary sanctions against Defendant is GRANTED in the total reduced amount of $747.50 (2.5 hours at $275/hour plus $60 filing fee). Sanctions are to be paid to Plaintiff’s counsel within 10 days of notice of this ruling.
Moving party is ordered to give notice.