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This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 04:29:50 (UTC).

R&J SHEET METAL INC VS TB PENICH & SONS INC ET AL

Case Summary

On 05/01/2017 R J SHEET METAL INC filed a Contract - Other Contract lawsuit against TB PENICH SONS INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DEIRDRE HILL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9723

  • Filing Date:

    05/01/2017

  • 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

Presiding Judge

DEIRDRE HILL

 

Party Details

Plaintiff and Petitioner

R&J SHEET METAL INC

Defendants and Respondents

TB PENICH & SONS INC

LONG BEACH UNIFIED SCHOOL DISTRICT

DOES 1 TO 50

DOE BONDING COMPANY

WESTERN SURETY COMPANY

TB PENICK & SONS INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AGHAJANIAN ALEX P. ESQ.

AGHAJANIAN ALEX P.

Defendant and Respondent Attorneys

ATKINSON ANDELSON LOYA RUUD & ROMO

DIEFENBACH LAW GROUP

BOOTH MITCHEL & STRANGE LLP

DIEFENBACH JAMES C.

GUENTHER CRAIG E

ROSSINI JOSEPH M

 

Court Documents

REPLY BRIEF IN SUPPORT OF DEFENDANT LONG BEACH UNIFIED SCHOOL DISTRICT'S MOTION TO RELATE AND TRANSFER CASES TO ONE COURT

2/14/2018: REPLY BRIEF IN SUPPORT OF DEFENDANT LONG BEACH UNIFIED SCHOOL DISTRICT'S MOTION TO RELATE AND TRANSFER CASES TO ONE COURT

NOTICE OF FILTNG PROOF OF SERVICE RE MINUTE ORDER

3/8/2018: NOTICE OF FILTNG PROOF OF SERVICE RE MINUTE ORDER

NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCE DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $4,400.00 AGAINST T.B. PENICK & SONS, INC.; MEMORANDUM OF, POINT

7/24/2018: NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCE DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $4,400.00 AGAINST T.B. PENICK & SONS, INC.; MEMORANDUM OF, POINT

DEFENDANT LONG BEACH UNIFIED SCHOOL DISTRICT'S NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN-FIRM

8/8/2018: DEFENDANT LONG BEACH UNIFIED SCHOOL DISTRICT'S NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN-FIRM

REPLY IN SUPPORT MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCE DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $4,400.00 AGAINST T.B. PENICK & SONS, INC.; MEMORANDUM OF POINTS AND

8/22/2018: REPLY IN SUPPORT MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCE DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $4,400.00 AGAINST T.B. PENICK & SONS, INC.; MEMORANDUM OF POINTS AND

NOTICE OF RULING RE: MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCE DOCUMENTS ANT) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF S4,400.OO AGAINST T.B. PENICK & SONS, INC.

8/31/2018: NOTICE OF RULING RE: MOTION FOR AN ORDER COMPELLING COMPLIANCE TO PRODUCE DOCUMENTS ANT) REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF S4,400.OO AGAINST T.B. PENICK & SONS, INC.

Minute Order

9/12/2018: Minute Order

Minute Order

10/2/2018: Minute Order

Notice of Ruling

10/3/2018: Notice of Ruling

Case Management Statement

11/21/2018: Case Management Statement

Unknown

11/29/2018: Unknown

Minute Order

12/10/2018: Minute Order

Case Management Statement

3/29/2019: Case Management Statement

Minute Order

12/1/2017: Minute Order

AMENDED NOTICE OF RULING

12/29/2017: AMENDED NOTICE OF RULING

COMPLAINT FOR DAMAGES FOR: 1. BREACH OF CONTRACT 2. INDEBITATUS ASSUMPSIT; ETC.

5/1/2017: COMPLAINT FOR DAMAGES FOR: 1. BREACH OF CONTRACT 2. INDEBITATUS ASSUMPSIT; ETC.

NOTICE OF FILING PROOF OF SERVICE RE SUMMONS AND COMPLAINT FOR SERVICE ON T.B. PENICK & SONS, INC.

5/26/2017: NOTICE OF FILING PROOF OF SERVICE RE SUMMONS AND COMPLAINT FOR SERVICE ON T.B. PENICK & SONS, INC.

LONG BEACH UNIFIED SCHOOL DISTRICT'S ANSWER TO COMPLAINT

7/11/2017: LONG BEACH UNIFIED SCHOOL DISTRICT'S ANSWER TO COMPLAINT

67 More Documents Available

 

Docket Entries

  • 04/24/2019
  • Notice of Ruling; Filed by R&J Sheet Metal, Inc (Plaintiff)

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  • 04/05/2019
  • at 08:30 AM in Department 49; Status Conference (re mediation completion/ re discovery/ re plaintiff's ability to Identify or dismiss Doe Bonding Co.) - Held - Continued

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  • 04/05/2019
  • at 08:30 AM in Department 49; Order to Show Cause Re: (sanctions for all counsels failure to appear this date, except for counsel for Western Surety Company,) - Held

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  • 04/05/2019
  • Minute Order ( (Status Conference re mediation completion/ re discovery/ re p...)); Filed by Clerk

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  • 03/29/2019
  • Case Management Statement; Filed by Long Beach Unified School District (Defendant)

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  • 02/14/2019
  • Notice (of Ruling Re Status Conference); Filed by Western Surety Company (Defendant)

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  • 02/13/2019
  • at 08:30 AM in Department 49; Hearing on Motion to Compel Discovery (not "Further Discovery") (of Compliance to Produce Documents and Request for Monetary Sanctions in the amount of $1,772.00 against Long Beach Unified School District) - Not Held - Taken Off Calendar by Court

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  • 02/13/2019
  • at 08:30 AM in Department 49; Status Conference (re mediation completion/ re discovery/ re plaintiff's ability to Identify or dismiss Doe Bonding Co.) - Held - Continued

    Read MoreRead Less
  • 02/13/2019
  • Minute Order ( (Hearing on Motion to Compel Discovery (not "Further Discovery...)); Filed by Clerk

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  • 12/31/2018
  • Notice (of Filing Proof of Service re Notice of Case Reassignment and Order for Plaintiff to Give Notice (Dates Remain)); Filed by R&J Sheet Metal, Inc (Plaintiff)

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145 More Docket Entries
  • 05/26/2017
  • Notice of Filing; Filed by R&J Sheet Metal, Inc (Plaintiff)

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  • 05/26/2017
  • NOTICE OF FILING PROOF OF SERVICE RE SUMMONS AND COMPLAINT FOR SERVICE ON LONG BEACH UNIFIED SCHOOL DISTRICT

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  • 05/26/2017
  • Notice of Filing; Filed by R&J Sheet Metal, Inc (Plaintiff)

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  • 05/09/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 05/09/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 05/09/2017
  • OSC-RE Other (Miscellaneous); Filed by Clerk

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  • 05/09/2017
  • ORDER TO SHOW CAUSE HEARING

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  • 05/01/2017
  • SUMMONS

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  • 05/01/2017
  • Complaint; Filed by R&J Sheet Metal, Inc (Plaintiff)

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  • 05/01/2017
  • COMPLAINT FOR DAMAGES FOR: 1. BREACH OF CONTRACT 2. INDEBITATUS ASSUMPSIT; ETC.

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Tentative Rulings

Case Number: BC659723    Hearing Date: October 20, 2020    Dept: 49

Superior Court of California

County of Los Angeles

R&J Sheet Metal, Inc.,

Plaintiff,

Case No.

BC659723

v.

[Tentative] Ruling

TB Penick & Sons Inc, et al.,

Defendants.

Hearing Date: October 20, 2020

Department 49, Judge Stuart M. Rice

(1) Motions to Compel

Moving Party:  Plaintiff R&J Sheet Metal  

Responding Party:      none

Ruling: Plaintiff’s unopposed motions to compel responses to the supplemental interrogatories and requests for production is granted. Plaintiff’s request for monetary sanctions against defendant TB Penick & Associates is also granted in the total amount of $1,065.

If a party to whom interrogatories or requests for production are directed fails to serve a timely response, that party waives any objection to those discovery requests. (Code Civ. Proc., § 2030.290, subd. (a) (interrogatories); § 2031.300, subd. (a) (requests for production).)

Here, plaintiff propounded supplemental interrogatories and requests for production on defendant TB Penick on October 10, 2019. As of the date that these motions were filed, plaintiff received no responses from defendant. Defendant has waived any objections to the subject discovery requests. Plaintiff’s unopposed discovery motions are granted.  

Plaintiff requests monetary sanctions against defendant in the amount of $1,232.50 for attorney fees and costs incurred in connection with its motion to compel responses to the supplemental interrogatories. Plaintiff also requests $445 in sanctions in connection with the motion to compel responses to the supplemental requests for production. Counsel’s hourly rate of $175 is reasonable.

However, plaintiff seeks two hours per motion for responding to oppositions and attending the hearing. Because no opposition was filed, the total amount sought for both motions of $1,677.50 is reduced by $350 ($175 x 2). Further, two hours is an excessive amount for the hearing on both these motions, given that they will be heard together through the court’s telephonic hearing system. Therefore, the total amount sought is further reduced by $262.50 ($175 x 1.5). Therefore, plaintiff’s request for monetary sanctions against defendant is granted, but reduced from the total sought of $1,677.50 to $1,065.

Defendant is ordered to provide verified responses, without objection, to plaintiff’s supplemental interrogatories and requests for production within 30 days of this ruling. Defendant is also ordered to pay plaintiff $1,065. The court declines to impose a deadline for payment of the sanctions award. Plaintiff may use other legal remedies to recover the award. Plaintiff is ordered to give notice of this ruling.

Date: October 20, 2020

Honorable Stuart M. Rice

Judge of the Superior Court

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