Judge: Stephen P. Pfahler, Case: 21STCV42780, Date: 2025-02-05 Tentative Ruling



Case Number: 21STCV42780    Hearing Date: February 5, 2025    Dept: 68

Dept. 68

Date: 2-5-25

Case #: 21STCV42780

Trial Date: 5-27-25 c/f 2-10-25 c/f 10-7-24 c/f 6-10-24 c/f 12-11-23

 

FORM INTERROGATORIES

 

MOVING PARTY: Plaintiff, 828 Media Capital, LLC

RESPONDING PARTY: Unopposed/Defendants, Blood Pageant, LLC, et al.

 

RELIEF REQUESTED

Motion to Compel Responses to Form Interrogatories (set one)

 

SUMMARY OF ACTION

Plaintiff 828 Media Capital, LLC alleges Defendant Blood Pageant, LLC defaulted on a $325,000 promissory note executed in favor of Plaintiff, and secured by the film rights to the feature film identified as Blood Pageant. The 94 introductory paragraphs of the operative complaint elaborate the terms and state of the dispute leading to the November 19, 2021, and June 27, 2022, Plaintiff filed complaint and first amended complaint for 1. Breach of Promissory Note 2. Breach of Contract 3. Breach of Implied Covenant 4. Fraudulent Misrepresentation 5. Rescission 6. Unjust Enrichment 7. Foreclosure of Security Interest 8. Constructive Trust 9. Declaratory Judgment 10. Accounting.

 

On August 12, 2022, Plaintiff dismissed Stevenson Law Office and W. Todd Stevenson.

 

RULING: Granted.

Plaintiff 828 Media Capital, LLC moves to compel responses to Form Interrogatories (set one) served on Defendants, Blood Pageant, LLC, Robert Burton, Anthony J. Sands, and Chris Gilmore.

 

Plaintiff served each defendant individually on June 12, 2024. [Declaration of Michael Mancini, ¶ 2, Ex. A-E.] At the time of the filing of the motion, no responses were received. [Ibid. ¶ 8.]

 

The court electronic filing system shows no opposition or reply on file at the time of the tentative ruling publication cutoff. Plaintiff filed a notice of non-opposition.

 

The unopposed motions are granted. Defendants Blood Pageant, LLC, Robert Burton, Anthony J. Sands, and Chris Gilmore are ordered to serve verified responses to form interrogatories (set one), without objections within ten days. (Code Civ. Proc., § 2030.290, subd. (a-b).)

 

Total sanctions in the amount of $1,000 ($250 x 4 Defendants). (Code Civ. Proc., § 2030.290(c) 2031.300, subd. (c), Sanctions imposed joint and severally against both counsel and up to $250 per individual defendant, and payable within 30 days of this order.

 

Plaintiff’s motion for summary judgment and jury trial set for March 6, 2025, and May 27, 2025, respectively.

 

Plaintiff to give notice.