Judge: Cherol J. Nellon, Case: 22STCV36609, Date: 2024-01-18 Tentative Ruling

Case Number: 22STCV36609    Hearing Date: January 18, 2024    Dept: 14

828 Media Capital, LLC vs. David Raymond

Case Background

Plaintiffs allege that they gave Defendants over $2 million to make two movies, and that they never got the money back.

            On November 18, 2022, Plaintiffs filed their Complaint for (1)-(2) Breach of Contract, (3) Breach of Fiduciary Duty, (4) Aiding and Abetting, (5) Fraud, (6) Conversion, (7) Replevin, and (8) Judicial Foreclosure against Defendants David Raymond Brown fka David Brown fka David Brown Levy (“David”), Julian Raymond aka Julian Raymond Brown (“Julian”), Nightmares PSC, LLC (“Nightmares”), Undertaker LLC (“Undertaker”), Specter Entertainment, LLC (“Specter”), Clear Horizon Entertainment, LLC (“Clear Horizon”), Clear Entertainment, LLC, (“Clear Entertainment”), Clear Distribution, LLC (“Clear Distribution”), JTRB Film Services, Inc. (“JTRB”), and DOES 1-20.

            On February 22, 2023, Defendants David and Julian filed their joint Answer.

            On November 9, 2023, the defaults of Defendants Nightmares, Undertaker, Specter, Clear Horizon, Clear Entertainment, Clear Distribution, and JTRB were entered.

            No trial date has yet been set.

Instant Motions

Plaintiffs now moves this court, per Code of Civil Procedure §§ 2030.290 and 2031.300 for orders (1) compelling Defendants David And Julian to serve initial responses to Plaintiff’s Form Interrogatories, Set No. One, and Requests for Production, Set No. One, and (2) awarding sanctions of $7,020.00 per motion, amounting to a total of $14,040.00.

Decision

The motions are CONTINUED to February 28, 2023, at 8:30 am.

The motions were not timely filed and served. On December 4, 2023, this court gave notice that the motions had been scheduled for January 18, 2023. Pursuant to Code of Civil Procedure § 1005, the earliest the motions could have been filed and served was on December 22, 2023. Instead, Plaintiffs served by mail and email, which adds two court days to the notice period. Code of Civil Procedure § 1010.6.

These motions should have been filed and served on December 20, 2023. Instead, the proofs of service indicate that they were served on December 26, 2023, and January 8, 2024. Defendants have not had sufficient statutory notice to respond. They must be given that time.