****6617
10/03/2017
Pending - Other Pending
Contract - Other Contract
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
5/30/2019: Ex Parte Application
5/31/2019: Notice of Entry of Judgment / Dismissal / Other Order
5/31/2019: Judgment
5/31/2019: Order
5/31/2019: Minute Order
5/31/2019: Certificate of Mailing for
6/4/2019: Application and Order for Appearance and Examination
6/4/2019: Notice
7/5/2018: Request
7/5/2018: Notice of Motion
7/5/2018: Request for Judicial Notice
7/6/2018: Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account
7/9/2018: Notice of Ruling
7/20/2018: Notice of Motion
7/20/2018: Notice of Motion
7/20/2018: Notice of Motion
7/20/2018: Notice of Motion
7/20/2018: Declaration
DocketNotice (of Entry of Judgment); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
[-] Read LessDocketApplication and Order for Appearance and Examination; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
[-] Read LessDocketat 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
[-] Read LessDocketJudgment; Filed by Clerk
[-] Read LessDocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk
[-] Read LessDocketCertificate of Mailing for (Minute Order (Hearing on Ex Parte Application to Enter Judgment for Money P...) of 05/31/2019); Filed by Clerk
[-] Read LessDocketMinute Order ( (Hearing on Ex Parte Application to Enter Judgment for Money P...)); Filed by Clerk
[-] Read LessDocketOrder (Order Granting Ex Parte Application to Enter Money Judgment for Money Pursuant to Stipulation); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
[-] Read LessDocketEx 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)
[-] Read LessDocketat 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Order to Show Cause Re: Dismissal (of all operative pleadings) - Held
[-] Read LessDocketRtn of Service of Summons & Compl; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
[-] Read LessDocketRtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 10/10/17 Proof of Service by Mail attached ); Filed by Attorney for Plaintiff
[-] Read LessDocketRtn 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
[-] Read LessDocketRtn 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
[-] Read LessDocketSummons; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
[-] Read LessDocketComplaint filed-Summons Issued; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)
[-] Read LessDocketNotice-Case Management Conference; Filed by Clerk
[-] Read LessDocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff
[-] Read LessDocketSummons Filed; Filed by Attorney for Plaintiff
[-] Read LessDocketNotice of Case Management Conference; Filed by Clerk
[-] Read LessCase Number: ****6617 Hearing Date: June 3, 2021 Dept: C
MARISCOS BAHIA, INC. v. ACUICOLA AESSTINA, INC.
CASE NO.: ****6617
HEARING: 06/03/21
#7
TENTATIVE ORDER
I. Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; and MARIA ARIZMENDI’s unopposed Motion for Monetary Sanctions against Cross-Defendant PAUL KO is GRANTED.
II. Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; and MARIA ARIZMENDI’s unopposed Motion for Monetary Sanctions against Cross-Defendant XIAO H. LIANG is GRANTED.
Moving Party(s) to give Notice.
No Opposition(s) filed as of June 1, 2021.
CCP ;2023.010 includes: “(d) Failing to respond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP ;2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose [monetary sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method of discovery and disobeying a court order to provide discovery are both misuses of the discovery process. (CCP ;;2023.010 (d) and (g).)
On February 10, 2021, the Court granted Judgment Creditors’ Motions to Compel, and ORDERED Judgment Debtors to serve answers within 15 days. Additionally, monetary sanctions were imposed. As of the date(s) the instant Motions were filed, no responses have been served, and monetary sanctions remain unpaid. No Opposition(s) have been filed as of June 1, 2021. Therefore, it is undisputed that the Judgment Debtors have failed to comply with this Court’s Orders.
The unopposed Motions for Monetary Sanctions are GRANTED.
Cross-Defendant PAUL KO is ORDERED to pay Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; MARIA ARIZMENDI and their counsel of record sanctions in the total amount of $4,610.00 no later than 30 days from the date of the Court’s issuance of this Order.
Cross-Defendant XIAO H. LIANG is ORDERED to pay Cross-Complainants ACUICOLA ALESSTINA; VICTOR ARIZMENDI; MARIA ARIZMENDI and their counsel of record sanctions in the total amount of $4,610.00 no later than 30 days from the date of the Court’s issuance of this Order.
Case Number: ****6617 Hearing Date: February 10, 2021 Dept: C
MARISCOS BAHIA, INC. v. ACUICOLA ALESSTINA, INC., et al.
CASE NO.: ****6617
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.