Judge: Jon R. Takasugi, Case: 22STCV06421, Date: 2025-01-30 Tentative Ruling

Case Number: 22STCV06421    Hearing Date: January 30, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion for sanctions is GRANTED.

On 2/22/2022, Plaintiff Skyler Wells (Plaintiff) filed suit against Strategic Acquisitions, Inc., BDR, Inc., Open House Realty & Investments, LLC, and Peter Baer.

On 2/5/2024 Plaintiff filed a fifth amended complaint (5AC) alleging: (1) breach of contract; and (2) construction defects. 

            On 11/9/2024, Defendant BDR (Defendant) moved for an order to enforce the Court’s monetary sanctions award of $2,100.00 against Plaintiff and Plaintiff’s counsel, Mr. James D. Diefenbach, jointly and severally within ten days of entry of this order.

            The motion is unopposed.

Discussion

On 7/3/2024, the Court granted BDR’S motions to compel discovery responses, issuing monetary sanctions against Plaintiff and Plaintiff’s counsel jointly and severally in the amount of $2,100.00. (Vandernaald Decl. ¶ 3; Ex. A to Vandernaald Decl.). The sanctions were to be tendered to BDR’S counsel within roughly 45 days of the Court’s 7/3/2024 Ruling and Order. (Vandernaald Decl. ¶ 3; Ex. A to Vandernaald Decl.)

            To date, Plaintiff and Plaintiff’s counsel have failed to tender any amount for the monetary sanctions awarded to BDR. (Vandernaald Decl. ¶ 4).

            The Court takes Plaintiff’s non-opposition to be a concession on the merits of this motion.

            Based on the foregoing, Defendant’s motion for sanctions is granted.

It is so ordered.

Dated:  January        , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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