On 10/03/2017 MARISCOS BAHIA, INC filed a Contract - Other Contract lawsuit against ACUICOLA ALESSTINA, INC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are LORI ANN FOURNIER and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.
****6617
10/03/2017
Pending - Other Pending
Los Angeles County Superior Courts
Norwalk Courthouse
Los Angeles, California
LORI ANN FOURNIER
MARGARET MILLER BERNAL
MARISCOS BAHIA INC. A CALIFORNIA CORP.
ACUICOLA ALESSTINA INC. A CALIFORNIA
ARIZMENDI VICTOR AN INDIVIDUAL
ARIZMENDI MARIA AN INDIVIDUAL
ARIZMENDI MARIA
ARIZMENDI VICTOR
WONG JOHNNY AN INDIVIDUAL
LIANG XIAO
OCEAN TOYS INC A CALIFORNIA CORPORATION
LIANG XIAO H. AN INDIVIDUAL
FUJI GRILL & SUSHI INC AN ENTITY OF
WONG JOHNNY
KO PAUL AN INDIVIDUAL
KO PAUL
ABRAMSON MICHAEL A. LAW OFFICES OF
ABRAMSON MICHAEL ALAN
ROBINSON LEGAL
5/31/2019: Notice of Entry of Judgment / Dismissal / Other Order
5/31/2019: Order
5/31/2019: Minute Order
7/5/2018: Request for Judicial Notice
7/20/2018: Notice of Motion
7/20/2018: Declaration
7/20/2018: Declaration
7/21/2018: Request
7/26/2018: Request for Entry of Default / Judgment
7/27/2018: Notice of Rejection
7/30/2018: Notice
8/6/2018: Request
8/6/2018: Proof of Service - No Service
8/10/2018: Legacy Document
11/8/2018: Certificate of Mailing for
11/8/2018: Minute Order
2/14/2019: Certificate of Mailing for
2/14/2019: Minute Order
Notice (of Entry of Judgment); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
Application and Order for Appearance and Examination; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Hearing on Ex Parte Application (to Enter Judgment for Money Pursuant to Stipulation; Memorandum of Points and Authorities; and Declaration of Michael Abramson in Support Thereof) - Held - Motion Granted
Judgment; Filed by Clerk
Notice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk
Certificate of Mailing for (Minute Order (Hearing on Ex Parte Application to Enter Judgment for Money P...) of 05/31/2019); Filed by Clerk
Minute Order ( (Hearing on Ex Parte Application to Enter Judgment for Money P...)); Filed by Clerk
Order (Order Granting Ex Parte Application to Enter Money Judgment for Money Pursuant to Stipulation); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
Ex Parte Application (Plaintiff's Ex Parte Application to Enter Judgment for Money Pursuant to Stipulation; Memorandum of Points and Authorities; and Declaration of Michael Abramson in Support Thereof); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Order to Show Cause Re: Dismissal (of all operative pleadings) - Held
Rtn of Service of Summons & Compl; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
Rtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 10/10/17 Proof of Service by Mail attached ); Filed by Attorney for Plaintiff
Rtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 10/10/17 Affidavit of Dilegence and Proof of Service by Mail attached ); Filed by Attorney for Plaintiff
Rtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 10/10/17 Affidavit of Deiligence and Proof of Service by Mail attached ); Filed by Attorney for Plaintiff
Summons; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
Complaint filed-Summons Issued; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
Notice-Case Management Conference; Filed by Clerk
Complaint filed-Summons Issued; Filed by Attorney for Plaintiff
Summons Filed; Filed by Attorney for Plaintiff
Notice of Case Management Conference; Filed by Clerk
Case Number: VC066617 Hearing Date: February 10, 2021 Dept: C
MARISCOS BAHIA, INC. v. ACUICOLA ALESSTINA, INC., et al.
CASE NO.: VC066617
HEARING: 2/10/21 @ 1:30 PM
#3
TENTATIVE ORDER
I. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Xiao H Liang’s responses to post-judgment document production, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.
II. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Xiao H Liang’s responses to post-judgment special interrogatories, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.
III. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Paul Ko’s responses to post-judgment document production, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.
IV. Judgment Creditors Acuicola Alesstina, Inc., and Maria and Victor Arizmendi’s motion for order to compel Paul Ko’s responses to post-judgment special interrogatories, set one is GRANTED. Judgment Debtor is ordered to serve verified responses without objections within 15 days.
Reduced sanctions are imposed against Judgment Debtors Xiao Liang and Paul Ko, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days.
Moving Parties to give NOTICE.
I-IV. Discovery Motions
Defendant GM Properties, Inc. moves to compel responses to form interrogatories, special interrogatories, and requests for production of documents pursuant to CCP §§ 2030.300, 2031.310, and 708.030(a).
“The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone acting on that party’s behalf, to inspect and to copy a document that is in the possession, custody, or control of the party on whom the demand is made in the manner provided in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4, if the demand requests information to aid in enforcement of the money judgment. The judgment debtor shall respond and comply with the demand in the manner and within the time provided by Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4. (CCP § 708.030(a).)
CCP §§ 2030.290(b) and 2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §§ 2030.290(a) and 2031.300(a).)
Judgment Debtors Xiao Liang and Paul Ko failed to serve any responses to discovery. As such, Judgment Debtors are deemed to have waived objections per CCP §§ 2030.290(a) and 2031.300(a).
Accordingly, the motions are GRANTED. Judgment Debtors ordered to serve verified responses without objections within 15 days.
Sanctions: CCP §§ 2023.010(d), 2030.290(c), and 2031.300(c) authorize the court to impose sanctions for failure to respond to discovery without substantial justification.
Here, sanctions are warranted because Judgment Debtors failed to serve any responses to discovery. The Court finds Judgment Creditor’s total request of $14,673.64 is excessive. Instead, reduced sanctions are imposed against Judgment Debtors Xiao Liang and Paul Ko, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days.
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