Judge: Melvin D. Sandvig, Case: 22CHCV00327, Date: 2022-10-03 Tentative Ruling
Case Number: 22CHCV00327 Hearing Date: October 3, 2022 Dept: F47
Dept. F47
Date: 10/3/22
Case #22CHCV00327
MOTION FOR
SANCTIONS
Motion filed on 8/12/22.
MOVING PARTY: Cross-Complainant
William Vilches dba Prestige Builders
RESPONDING PARTY: Cross-Defendants
Braa Holdings, LLC, Areg Aghayants and Armik Aghayants
NOTICE: ok
RULING: The hearing is continued to 11/4/22.
On 8/12/22, Cross-Complainant William Vilches dba
Prestige Builders (Cross-Complainant) filed the instant motion seeking an order
imposing sanctions against Cross-Defendants Braa Holdings, LLC, Areg Aghayants,
Armik Aghayants (Cross-Defendants) and their attorney Areg A. Sarkissian,
jointly and severally, in the amount of $9,750.00 pursuant to CCP 128.7 for the
bad faith filing of the demurrer and motion to strike with regard to
Cross-Complainant’s cross-complaint.
In ruling on this motion, the Court finds that it will
essentially have to determine the merits of the demurrer and motion to strike filed
as to the [First Amended] Cross-Complaint which are not set for hearing until
10/17/22. Therefore, the Court finds it most
judicious to continue the hearing on this motion until after the Court has
ruled on the demurrer and motion to strike.
The parties are reminded to review the 5/3/19 First
Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply
with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through
page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory
Electronic Filing for Civil. See also
CRC 3.1110(f)(4). Both Cross-Complainant
and Cross-Defendants have failed to bookmark the declarations, exhibits and proofs
of service attached to the motion, opposition and reply. Additionally, both Cross-Complainant and
Cross-Defendants have failed to include a table of contents (which also must be
bookmarked) and table of authorities as is required when a memorandum exceeds
10 pages. See CRC 3.1113(f). Failure to comply with these rules and requirements
in the future may result in matters being placed off calendar, matters being continued
so documents can be resubmitted in compliance with these requirements,
documents not being considered and/or the imposition of sanctions.