Judge: Kevin C. Brazile, Case: 22STCV10550, Date: 2023-10-27 Tentative Ruling

Hearing Date: February 21, 2024

Case Name: Whitestone Builders, Inc. v. Taylor, et al.

Case No.: 20STCV07353

Matter: Motion to Compel

Moving Party: Whitestone Builders, Inc. and Pier Pjerin Prenga

Responding Party: Valerie Taylor and Derek Taylor

Notice: OK

Ruling: The Motion is denied, but the Court awards $1,000 in sanctions.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a dispute relating to renovations to a duplex.  On February 20, 2020, Whitestone Builders, Inc. (“Whitestone”) filed a Complaint against Valerie Taylor and Derek Taylor for (1) breach of contract, (2) account stated, (3) common count, (4) unjust enrichment, and (5) foreclosure on mechanic’s lien.

On July 6, 2022, Valerie Taylor and Derek Taylor filed a Second Amended Cross-Complaint (“SACC”) against Cross-Defendants Whitestone, Pier Pjerin Prenga, and Suretec Indemnity Company for (1) disgorgement; (2) rescission and restitution—violation of Bus. & Prof. Code § 7159; (3) rescission and restitution—contract void for illegality; (4) declaratory relief; (5) breach of written contract; (6) negligence; (7) fraud; and (8) contractor’s license bond.

On August 18, 2023, Whitestone filed a First Amended Complaint (“FAC”).

Whitestone and Prenga now seek to compel responses from the Taylors to their Supplemental Interrogatory (Set One) served on November 8, 2023, Supplemental Request for Production (Set One) served on November 8, 2023, and request for Production of Documents Nos. 276-287 (Set 7), served on November 15, 2023.  

The Taylors indicate that they served responses one day after the Motion was filed.  Therefore, the Motion to Compel is denied as moot.

The Court awards reduced sanctions in the amount of $1,000.

Moving parties to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.