Judge: Stephen P. Pfahler, Case: 20CHCV00166, Date: 2022-09-22 Tentative Ruling

Case Number: 20CHCV00166    Hearing Date: September 22, 2022    Dept: F49

Dept. F-49

Date: 9-22-22

Case #20CHCV00166

Trial Date: 1-30-23 c/f 4-4-22

SANCTIONS

MOVING PARTY: Defendants, Robert Melgoza, et al.

RESPONDING PARTY: Unopposed/Plaintiff, Emad Younis, pro per[1]

RELIEF REQUESTED

Motion for Additional Monetary Sanctions

SUMMARY OF ACTION

Plaintiff Younis alleges entry into an oral contract with Defendants Robert Melgoza, Christy Melgoza, Floating Rain, Inc., and Harmony Dance, Inc. for the provision of “technical” services in association with a “new platform” identified as “FloatingRain.” Although Plaintiff normally worked for an hourly rate, the parties allegedly agreed that Plaintiff would work from March 6, 2012 to March 6, 2017 for a 50% ownership stake in the FloatingRain entity.

Plaintiff commenced developing the project for the five year period and received a rate of $55/hour. Plaintiff alleges a total of 696.7 hours, with a “total contribution exceeding $383,223.50.” Following the March 6, 2017 contract date, Plaintiff resumed billing at $110/hour, but it’s not clear how much, if any work was billed following the contract term. Plaintiff alleges not receiving the promised 50% share.

On March 3, 2020, Plaintiff in pro per filed a 19 cause of action complaint for Declaratory Relief, Breach of Contract (second and sixth causes of action), Conversion (third and ninth causes of action), Actual Fraud and Deceit (fourth and seventh causes of action), Constructive Fraud (fifth and eighth causes of action), Breach of Implied Covenant of Good Faith and Fair Dealing, Promissory Estoppel, Breach of Fiduciary Duty, Intentional Interference with Prospective Economic Advantage, Unfair Competition, Unjust Enrichment, Intentional Infliction of Emotional Distress, Defamatory Publication—Trade Libel, False Light, Unfair, Unlawful and Fraudulent Business Practices, and Conspiracy to Defraud.

The clerk entered defaults against defendants on May 12, 2020. The court entered judgment for $716,000 on June 16, 2020. Defendants filed their respective motions to set aside the defaults on August 13, 2020. On January 19, 2021, the court vacated all default judgments. Defendants answered the complaint on January 27, 2021.

RULING: Denied.

Defendants Robert Melgoza, Christy Melgoza, Floating Rain, Inc., and Harmony Dance, Inc. move for additional monetary sanctions due to Plaintiff’s failure to comply with the March 21, 2022, order compelling further responses to Request for Admissions (set one).

The motion lacks a basis for recovery. Non-Payment of monetary sanctions is never a basis for terminating sanctions. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.) The court analogously finds no basis for additional monetary sanctions simply based on the failure to pay the prior monetary sanctions. The court, in its discretion, therefore denies the motion.

Trial remains set for January 30, 2023.

Defendants to give notice.