Judge: Stephen P. Pfahler, Case: 20CHCP00146, Date: 2022-08-15 Tentative Ruling

Case Number: 20CHCP00146    Hearing Date: August 15, 2022    Dept: F49

Dept. F-49

Date: 8-9-22

Case #20CHCP00146 (lead case)

Trial Date: Not Set

INTERROGATORIES

MOVING PARTY: Defendant, Lantz Nave[1]

RESPONDING PARTY: Unopposed/Plaintiff, Larion Krazyman, pro per[2]

RELIEF REQUESTED

Motion to Compel Responses to Form Interrogatories (set one)

SUMMARY OF ACTION

Plaintiff Larion Krazyman alleges Defendants L&J Assets, LLC and Ron Hacker transferred assets to Defendant Bag Fund, LLC in order to evade payment on a $126,000 judgment in a prior action.

On June 18, 2020, Plaintiff in pro per filed a verified complaint for intentional fraudulent transfer under Code of Civil Procedure section 3439.04, and conspiracy to defraud creditors. On June 24, 2020, Plaintiff substituted in Defendants 1538 Cahuenga Partners, LLC and Benjamin Schneider for Doe 1 and 2. On June 26, 2020, Tanya Bogorad was substituted in for Doe 3.

The clerk entered defaults against Bag Fund, LLC on July 27, 2020, L&J Assets LLC on August 17, 2020, 1538 Cahuenga Partners, LLC and Benjamin Schneider on August 18, 2020, Brandie Frazier on October 6, 2020, and Sami Sabahi on October 6, 2020.

On October 19, 2020, Plaintiff dismissed 1538 Cahuenga Partners, LLC. On October 30, 2020, the court deemed 20CHCP00146, 20VECV01008, 20VECV01237 related, with the instant action deemed the lead case.

On November 6, 2020, Plaintiff filed a peremptory challenge to Department 47. The action was transferred to Department 49 on November 10, 2020.

On September 10, 2021, the court granted the unopposed motion to vacate the default against Bag Fund, LLC.

On February 8, 2022, Plaintiff dismissed Carlos Hernandez, Lana Smith, and Marcus McDonald. On February 10, 2022, Plaintiff substituted in Eugene Underhal, Hacker Douglas, Century West Financial Corporation, Century West Films and Distribution, Intellectual Capital Management, Bag O Burgers Restaurant Group, LLC, and Lincoln Funds International, Inc., for Does 10-16.

Defendants Bag Fund, LLC and Ron Hacker filed verified answers to the complaint on March 14, 2022.

On April 27, 2022, the court sustained the unopposed demurrer to the complaint filed by Tanya Bogorad. On May 2, 2022, Plaintiff dismissed Lincoln Funds International, Inc., Century West Financial Corporation, Hacker Douglas, Bag O Burgers Group, LLC, and Century West Films & Distribution. On 5-3-22, the court entered a dismissal against Sami Sabahi, as requested by Plaintiff. On May 26, 2022, Plaintiff filed a first amended complaint to set aside fraudulent transfer under Code of Civil Procedure section 3439.04, subdivision (a)(1-2), and conspiracy to defraud creditors.[3]

On August 9, 2022, the court sustained the demurrer to the first amended complaint with leave to amend on the lead case.

RULING: Granted.

Defendant Lantz Nave moves to compel responses to Form Interrogatories (set one). Defendant represents service of Plaintiff Larion Krazyman on April 20, 2022. [Declaration of Vincent Quigg, ¶ 2, Ex. 1.]

According to Plaintiff, at the time of the filing of the motion, no responses were received. [Id., ¶ 4.] The unopposed motion is granted. Plaintiff Larion Krazyman is ordered to serve verified responses to form interrogatories (set one) without objections within ten days. (Code Civ. Proc., § 2030.290, subd. (a-b).)

Sanctions in the amount of $250 against Plaintiff Larion Krazyman. (Code Civ. Proc., § 2030.290, subd. (c).) Payable within 30 days.

Motion to Deem Request for Admissions Admitted on calendar for September 7, 2022.

Moving party to give notice.