This case was last updated from Los Angeles County Superior Courts on 02/15/2021 at 05:33:51 (UTC).

M & O HOLDINGS, LLC VS DAVID E. CUNNINGHAM

Case Summary

On 12/11/2019 M O HOLDINGS, LLC filed a Contract - Other Contract lawsuit against DAVID E CUNNINGHAM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SUSAN BRYANT-DEASON and GREGORY KEOSIAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4611

  • Filing Date:

    12/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

SUSAN BRYANT-DEASON

GREGORY KEOSIAN

 

Party Details

Plaintiff

M & O HOLDINGS LLC

Defendant

CUNNINGHAM DAVID E.

Attorney/Law Firm Details

Plaintiff Attorney

PURITSKY ERIC

Defendant Attorney

WALLACH JASON

 

Court Documents

Case Management Order

10/15/2020: Case Management Order

Notice of Posting of Jury Fees

10/14/2020: Notice of Posting of Jury Fees

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

10/15/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Notice Re: Continuance of Hearing and Order

9/30/2020: Notice Re: Continuance of Hearing and Order

Notice of Posting of Jury Fees

9/22/2020: Notice of Posting of Jury Fees

Case Management Statement

9/22/2020: Case Management Statement

Case Management Statement

9/17/2020: Case Management Statement

Notice Re: Continuance of Hearing and Order

9/11/2020: Notice Re: Continuance of Hearing and Order

Answer

9/3/2020: Answer

Proof of Publication

7/22/2020: Proof of Publication

Declaration - DECLARATION OF MARK KASDEN IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS

6/11/2020: Declaration - DECLARATION OF MARK KASDEN IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS

Application for Publication

6/11/2020: Application for Publication

Declaration - DECLARATION OF ERIC A. PURITSKY IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS

6/11/2020: Declaration - DECLARATION OF ERIC A. PURITSKY IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS

Declaration - DECLARATION OF PATRICK OROURKE IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS

6/11/2020: Declaration - DECLARATION OF PATRICK OROURKE IN SUPPORT OF APPLICATION FOR ORDER FOR PUBLICATION OF SUMMONS

Order for Publication

6/18/2020: Order for Publication

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

6/30/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Notice of Change of Address or Other Contact Information

4/28/2020: Notice of Change of Address or Other Contact Information

Minute Order - MINUTE ORDER (COURT ORDER)

4/13/2020: Minute Order - MINUTE ORDER (COURT ORDER)

18 More Documents Available

 

Docket Entries

  • 06/21/2022
  • Hearing06/21/2022 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 06/13/2022
  • Hearing06/13/2022 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/13/2022
  • Hearing04/13/2022 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Post-Mediation Status Conference

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  • 10/15/2020
  • Docketat 10:00 AM in Department 61, Gregory Keosian, Presiding; Case Management Conference - Held

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  • 10/15/2020
  • DocketCase Management Order; Filed by Clerk

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  • 10/15/2020
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 10/14/2020
  • DocketNotice of Posting of Jury Fees; Filed by David E. Cunningham (Defendant)

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  • 10/02/2020
  • Docketat 10:00 AM in Department 61, Gregory Keosian, Presiding; Case Management Conference - Not Held - Continued - Court's Motion

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  • 09/30/2020
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Taken Off Calendar by Court

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  • 09/30/2020
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Case Management Conference - Not Held - Rescheduled by Court

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26 More Docket Entries
  • 01/07/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 12/18/2019
  • Docketat 08:30 AM in Department 52, Susan Bryant-Deason, Presiding; Court Order

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  • 12/18/2019
  • DocketMinute Order ( (Court Order re: Peremptory Challenge to Judicial Officer (Pur...)); Filed by Clerk

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  • 12/18/2019
  • DocketCertificate of Mailing for ((Court Order re: Peremptory Challenge to Judicial Officer (Pur...) of 12/18/2019); Filed by Clerk

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  • 12/18/2019
  • DocketChallenge To Judicial Officer - Peremptory (170.6) (against Judge: Susan Bryant-Deason); Filed by M & O Holdings, LLC (Plaintiff)

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  • 12/13/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/11/2019
  • DocketCivil Case Cover Sheet; Filed by M & O Holdings, LLC (Plaintiff)

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  • 12/11/2019
  • DocketSummons (on Complaint); Filed by M & O Holdings, LLC (Plaintiff)

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  • 12/11/2019
  • DocketComplaint; Filed by M & O Holdings, LLC (Plaintiff)

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  • 12/11/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

b'

Case Number: 19STCV44611 Hearing Date: November 24, 2021 Dept: 61

Plaintiff\r\nM & O Holdings, LLC’s Motion to Deem Matters Admitted against Defendant\r\nDavid E. Cunningham is GRANTED.

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Sanctions\r\nare awarded against Defendant in the amount of $525.

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Plaintiff to provide notice.

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I. \r\nMOTION TO\r\nDEEM ADMITTED

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“Any\r\nparty may obtain discovery . . . by a written request that any other party to\r\nthe action admit the genuineness of specified documents, or the truth of\r\nspecified matters of fact, opinion relating to fact, or application of law to\r\nfact. A request for admission may relate to a matter that is in controversy\r\nbetween the parties.” (Code Civ. Proc., § 2033.010.) If a party fails to serve a timely response to requests for\r\nadmissions, “[t]he requesting party may move for an order that the genuineness\r\nof any documents and the truth of any matters specified in the requests be\r\ndeemed admitted, as well as for a monetary sanction” (Code Civ. Proc., §\r\n2033.280 subd. (b).)

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Plaintiff served requests for admission upon Defendant on\r\nSeptember 13, 2021, with a due-date of October 25, 2021. (Puritsky Decl. ¶ 3.)\r\nNo responses have been served. (Id. at ¶ 4.)

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If responses to the requests for admission are not provided\r\nby the date of hearing on this motion, the motion will be GRANTED.

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II. SANCTIONS

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The\r\nprevailing party on a motion to compel is generally entitled to monetary\r\nsanctions, unless the court “finds that the one subject to the sanction acted\r\nwith substantial justification or that other circumstances make the imposition\r\nof the sanction unjust.” (Code Civ. Proc. §§ 2030.290, 2031.300.) Sanctions are\r\nalso mandatory against a party whose failure to serve responses to requests for\r\nadmission makes the motion necessary. (Code Civ. Proc. § 2033.280, subd. (c).)

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Plaintiff asks for $1,505.00 in sanctions against Defendant,\r\nrepresenting 3.4 hours of attorney work at $425 per hour, including two hours\r\nreplying to and arguing against an opposition that was not filed, plus a $60\r\nfiling fee. (Puritsky Decl. ¶ 5.) Given these non-incurred expenses, the maximum\r\nsanctions award is $595.00.

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The court awards sanctions against Defendant in the amount\r\nof $595.

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