This case was last updated from Los Angeles County Superior Courts on 06/28/2019 at 11:23:56 (UTC).

MARISCOS BAHIA, INC. VS ACUICOLA ALESSTINA, INC.

Case Summary

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.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6617

  • Filing Date:

    10/03/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LORI ANN FOURNIER

MARGARET MILLER BERNAL

 

Party Details

Plaintiff

MARISCOS BAHIA INC. A CALIFORNIA CORP.

Defendants and Cross Plaintiffs

ACUICOLA ALESSTINA INC. A CALIFORNIA

ARIZMENDI VICTOR AN INDIVIDUAL

ARIZMENDI MARIA AN INDIVIDUAL

ARIZMENDI MARIA

ARIZMENDI VICTOR

Cross Defendants

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

Attorney/Law Firm Details

Plaintiff Attorneys

ABRAMSON MICHAEL A. LAW OFFICES OF

ABRAMSON MICHAEL ALAN

Defendant and Cross Plaintiff Attorney

ROBINSON LEGAL

 

Court Documents

Ex Parte Application

5/30/2019: Ex Parte Application

Notice of Entry of Judgment / Dismissal / Other Order

5/31/2019: Notice of Entry of Judgment / Dismissal / Other Order

Judgment

5/31/2019: Judgment

Order

5/31/2019: Order

Minute Order

5/31/2019: Minute Order

Certificate of Mailing for

5/31/2019: Certificate of Mailing for

Application and Order for Appearance and Examination

6/4/2019: Application and Order for Appearance and Examination

Notice

6/4/2019: Notice

Request

7/5/2018: Request

Notice of Motion

7/5/2018: Notice of Motion

Request for Judicial Notice

7/5/2018: Request for Judicial Notice

Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

7/6/2018: Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked Account

Notice of Ruling

7/9/2018: Notice of Ruling

Notice of Motion

7/20/2018: Notice of Motion

Notice of Motion

7/20/2018: Notice of Motion

Notice of Motion

7/20/2018: Notice of Motion

Notice of Motion

7/20/2018: Notice of Motion

Declaration

7/20/2018: Declaration

59 More Documents Available

 

Docket Entries

06/04/2019

DocketNotice (of Entry of Judgment); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)

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06/04/2019

DocketApplication and Order for Appearance and Examination; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)

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05/31/2019

Docketat 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

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05/31/2019

DocketJudgment; Filed by Clerk

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05/31/2019

DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk

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05/31/2019

DocketCertificate of Mailing for (Minute Order (Hearing on Ex Parte Application to Enter Judgment for Money P...) of 05/31/2019); Filed by Clerk

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05/31/2019

DocketMinute Order ( (Hearing on Ex Parte Application to Enter Judgment for Money P...)); Filed by Clerk

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05/31/2019

DocketOrder (Order Granting Ex Parte Application to Enter Money Judgment for Money Pursuant to Stipulation); Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)

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05/30/2019

DocketEx 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)

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02/14/2019

Docketat 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Order to Show Cause Re: Dismissal (of all operative pleadings) - Held

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259 More Docket Entries
10/23/2017

DocketRtn of Service of Summons & Compl; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)

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10/23/2017

DocketRtn of Service of Summons & Compl (BY SUBSTITUTED SERVICE ON 10/10/17 Proof of Service by Mail attached ); Filed by Attorney for Plaintiff

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10/23/2017

DocketRtn 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

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10/23/2017

DocketRtn 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

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10/03/2017

DocketSummons; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)

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10/03/2017

DocketComplaint filed-Summons Issued; Filed by MARISCOS BAHIA, INC., a California Corp. (Plaintiff)

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10/03/2017

DocketNotice-Case Management Conference; Filed by Clerk

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10/03/2017

DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff

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10/03/2017

DocketSummons Filed; Filed by Attorney for Plaintiff

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10/03/2017

DocketNotice of Case Management Conference; Filed by Clerk

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Tentative Rulings

Case 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.