This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 11:38:27 (UTC).

FRED KAYNE VS. HENRY BUSHKIN

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6486

  • Filing Date:

    12/28/2017

  • 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

Judge Details

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs and Petitioners

KAYNE FRED INDIVIDUALLY AND AS TRUSTEE

KAYNE FRED

Defendants and Respondents

DOES 1-50 INCLUSIVE

BUSHKIN HENRY

 

Court Documents

NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BENJAMIN L. CAPLAN

5/31/2018: NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BENJAMIN L. CAPLAN

Minute Order

6/6/2018: Minute Order

NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE

6/8/2018: NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE

NOTICE OF RULING

7/19/2018: NOTICE OF RULING

Answer

10/9/2018: Answer

Case Management Order

11/5/2018: Case Management Order

NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT AND TO RECLASSIFY MATTER TO UNLIMITED JURISDICTION

12/28/2017: NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT AND TO RECLASSIFY MATTER TO UNLIMITED JURISDICTION

NOTICE OF CASE ASSIGNMENT

12/28/2017: NOTICE OF CASE ASSIGNMENT

NOTICE OF RULING

12/28/2017: NOTICE OF RULING

DEFENDANT HENRY BUSHKIN'S RESPONSE AND PARTIAL OPPOSITION TO MOTION TO COMPEL AND FOR SANCTIONS

12/28/2017: DEFENDANT HENRY BUSHKIN'S RESPONSE AND PARTIAL OPPOSITION TO MOTION TO COMPEL AND FOR SANCTIONS

NOTICE OF MOTION AND MOTION FOR (1) AN ORDER COMPELLING RESPONSES, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET ONE; ETC

12/28/2017: NOTICE OF MOTION AND MOTION FOR (1) AN ORDER COMPELLING RESPONSES, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET ONE; ETC

ANSWER TO COMPLAINT FOR BREACH OF ORAL CONTRACT

12/28/2017: ANSWER TO COMPLAINT FOR BREACH OF ORAL CONTRACT

PROOF OF SR VICE OF SUMMONS & COMPLAINT FOR BREACH OF ORAL CONTRACT

12/28/2017: PROOF OF SR VICE OF SUMMONS & COMPLAINT FOR BREACH OF ORAL CONTRACT

RECEIPT FOR TRANSMITTED RECORD

12/28/2017: RECEIPT FOR TRANSMITTED RECORD

FIRST AMENDED COMPLAINT FOR BREACH OF ORAL CONTRACT

12/28/2017: FIRST AMENDED COMPLAINT FOR BREACH OF ORAL CONTRACT

Minute Order

12/28/2017: Minute Order

COMPLAINT FOR BREACH OF ORAL CONTRACT

12/28/2017: COMPLAINT FOR BREACH OF ORAL CONTRACT

SUMMONS

12/28/2017: SUMMONS

23 More Documents Available

 

Docket Entries

  • 11/06/2018
  • Notice (of Ruling); Filed by Fred Kayne (Plaintiff)

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  • 11/05/2018
  • at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Case Management Conference - Held

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  • 11/05/2018
  • Case Management Order; Filed by Clerk

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  • 11/05/2018
  • Minute Order ((Case Management Conference)); Filed by Clerk

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  • 10/09/2018
  • Answer (to Plaintiff's Second Amended Complaint); Filed by Henry Bushkin (Defendant)

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  • 08/22/2018
  • at 08:30 AM in Department 48; Unknown Event Type - Held - Motion Granted

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  • 08/22/2018
  • NOTICE OF RULING AND CONTINUED CASE MANAGEMENT CONFERENCE

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  • 08/22/2018
  • Minute order entered: 2018-08-22 00:00:00; Filed by Clerk

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  • 08/22/2018
  • Notice of Ruling; Filed by Fred Kayne (Plaintiff)

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  • 08/22/2018
  • Second Amended Complaint; Filed by Fred Kayne (Plaintiff)

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48 More Docket Entries
  • 12/28/2017
  • RECEIPT FOR TRANSMITTED RECORD

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  • 12/28/2017
  • ANSWER TO COMPLAINT FOR BREACH OF ORAL CONTRACT

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  • 12/28/2017
  • NOTICE OF MOTION AND MOTION TO AMEND COMPLAINT AND TO RECLASSIFY MATTER TO UNLIMITED JURISDICTION

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  • 12/28/2017
  • NOTICE OF CASE REASSIGNMENT AND ORDER FOR PLAINTIFF TO GIVE NOTICE (VACATE DATES)

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  • 12/28/2017
  • CLERK'S NOTICE OF RECLASSIFICATION

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  • 12/28/2017
  • AMENDED PROOF OF SERVICE RE NOTICE OF MOTION AND MOTION FOR(1) AN ORDER COMPELLING RESPONSES, WITHOUT OBJECTIONS, TO SPECIAL INTERROGATORIES, SET ONE; ETC

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  • 12/28/2017
  • SUMMONS

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  • 12/28/2017
  • COMPLAINT FOR BREACH OF ORAL CONTRACT

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  • 12/28/2017
  • First Amended Complaint for Breach of Oral Contract; Filed by Fred Kayne (Plaintiff)

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  • 12/28/2017
  • Minute Order

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Tentative Rulings

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.