Judge: Stephen P. Pfahler, Case: 20CHCV00166, Date: 2023-05-05 Tentative Ruling

Case Number: 20CHCV00166    Hearing Date: May 5, 2023    Dept: F49

Dept. F-49

Date: 5-5-23

Case #20CHCV00166

Trial Date: 6-12-23 c/f 1-30-23 c/f 4-4-22

VACATE ORDER

MOVING PARTY: Plaintiff, Emad Younis, pro per

RESPONDING PARTY: Defendants, Robert Melgoza, et al.

RELIEF REQUESTED

Motion to Vacate September 20, 2022 Order for 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\/Off-Calendar

Plaintiff, Emad Younis, pro per, moves to “vacate” the September 20, 2022, order imposing issue and evidentiary sanctions in favor of defendants Robert Melgoza, Christy Melgoza, Floating Rain, Inc., and Harmony Dance, Inc., due to Plaintiff’s failure to comply with the March 21, 2022, order compelling further responses to Request for Admissions (set one). Plaintiff denies the opportunity to “defend” the motion, that defendants failed to meet and confer, defendants failed to serve the motion, defendants’ lawyer is dishonest, and Plaintiff ha now provided supplemental responses.

Defendants oppose the motion on grounds of untimeliness. Defendants next contend the motion constitutes an improper motion for reconsideration without factual support.

The motion was filed on April 24, 2023, which is three days later than was ordered by this Court on April 20, 2023. The motion is therefore untimely and taken off-calendar.

Even considering the motion, the court finds the motion and untimely and improper motion for reconsideration. (Code Civ. Proc., § 1008.) The motion is therefore denied on this basis as well.

Plaintiff, in pro per, is held to the same standard of conduct as an attorney of the court.

Trial remains set for June 12, 2023.

Plaintiff to give notice.