Global Assets & Foreclosures LLC vs RAINBOWTREES536 LLC

Case Number

24CV02376

Case Type

Hearing Date / Time

Wed, 07/02/2025 - 10:00

Nature of Proceedings

Plaintiff’s Motion [no Opposition]

Tentative Ruling

For Plaintiff: Michel J. Muse-Fisher; Pooya E. Sohi; Aaron M. Levine.

For Rainbow Trees: Quintin G. Shammam.

RULING

The Court GRANTS the unopposed motion as to Rainbowtree536, except to the extent that if Rainbotree536 appears and shows that substantially compliant responses to the request for admissions have been served, those matters will not be deemed admitted, but the remainder of the motion will be granted.

Analysis

There are multiple motions of Plaintiff Global Assets on calendar in this matter: (1) motion to deem matters admitted and to compel responses to discovery as to Defendant Circle Muskrat LLC; (2) motion to deem matters admitted and to compel responses to discovery as to Defendant Bryant & Gilbert LLC; (3) motion to deem matters admitted and to compel responses to discovery as to Defendant Aeon West Hollywood Inc.; (4) motion to deem matters admitted and to compel responses to discovery as to Defendant Area 29 LLC; (5) motion to deem matters admitted and to compel responses to discovery as to Defendant OTC Van Nuys; (6) motion to deem matters admitted and to compel responses to discovery as to Defendant Rainbowtrees536. Each of these motions also requests an award of monetary sanctions of $980 (for each motion).

On June 17, the Defendants that are the subject of motions (1) through (5) filed a joint opposition stating: (i) responses to requests for admission will be served before the hearing, so matters then should not be deemed admitted (see Code Civ. Proc., § 2033.280, subd. (c)); (ii) responses are admittedly outstanding as to the discovery and an order compelling responses without objection within 15 days of entry of the order is appropriate; and (iii) Plaintiff is entitled to an award of monetary sanctions, but these Defendants argue that, because of the repetitious nature of the motions, a sanctions in the total amount of $980 for all five motions is appropriate (rather than $980 for each motion).

On June 23, Plaintiff and the Defendants that are the subject of motions (1) through (5) (and expressly excluding Defendant Rainbowtree536) filed a stipulation, and proposed order, for entry of judgment. Because the stipulation expresses the intention of the parties to compromise their respective positions to enter judgment, it appears that the stipulation moots motions (1) through (5). Unless the parties appear and argue otherwise, these motions should be ordered off calendar without prejudice.

On June 25, Plaintiffs filed a notice of non-receipt of opposition to motion (6) against Defendant Rainbowtree536, the only Defendant not part of the stipulation for judgment.

[The Court notes this motion involves Rainbow Trees [damages $6,426.62] All other Defendants are settled out per stipulation 6/25/25]