On March 05, 2019 a
No Value
was filed
involving a dispute between
632 N Palm Drive Llc,
Gold Pacific Construction Inc,
J.V. Mcburney Concrete Construction Inc. Roe 2,
and
Gold Pacific Construction Inc.,
Pena Adan,
Suretec Indemnity Company,
Young Mark A.,
for civil
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
West District, Santa Monica Courthouse, Department M
19SMCV00434 August 7, 2020
632 N PALM DRIVE, LLC vs ADAN PENA, et al. 8:30 AM
Judge: Honorable Mark A. Young CSR: L. Miller, CSR # 6457
Judicial Assistant: K. Metoyer ERM: None
Courtroom Assistant: J. Morgan Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Jack Zakariaie (Telephonic)
For Defendant(s): Randall Allen Miller; Sean Reynolds (Telephonic)
NATURE OF PROCEEDINGS: Order to Show Cause Re: Sanctions Pursuant to California
Code of Civil Procedure Section 128.5 against Defendant's Counsel Sean Reynolds; Order to
Show Cause Re: Monetary Sanctions Pursuant to Section 177.5; Order to Show Cause Re: RE:
Sanctions pursuant to CCP § 128.5
Pursuant to Government Code sections 68086, 70044, and California Rules of Court, rule 2.956,
Laurie Miller, CSR # 6457, certified shorthand reporter is appointed as an official Court reporter
pro tempore in these proceedings, and is ordered to comply with the terms of the Court Reporter
Agreement. The Order is signed and filed this date.
The matter is called for hearing re: the above-captioned Order to Show Causes. The Court
provides counsel with its written Tentative Ruling. Counsel are given the opportunity to argue.
After argument, The Court takes the Order to Show Cause Re: Sanctions Pursuant to California
Code of Civil Procedure Section 128.5 against Defendant's Counsel Sean Reynolds, Order to
Show Cause Re: Monetary Sanctions Pursuant to Section 177.5, and Order to Show Cause Re:
RE: Sanctions pursuant to CCP § 128.5 under submission.
**TENTATIVE RULING**
There are three separate Order to Show Cause hearings against counsel for Gold Pacific
Construction, Inc., Sean Reynolds, Esq. The three OSC hearings are as follows: (1) sanctions
pursuant to Code of Civil Procedure section 128.5 based upon Mr. Reynold’s submission of
multiple declarations falsely declaring that Gold Pacific’s First Amended Cross-Complaint
(FACC) was served on cross-defendant 632 N. Palm Drive, LLC on February 17, 2020 and not
February 18, 2020; (2) sanctions pursuant to section 128.5 for filing on June 25, 2020 a frivolous
ex parte application without any exigency, emergency, or merit, and for the purpose of
harassment and delay; and (3) sanctions pursuant to Code of Civil Procedure 177.5 for willfully
violating the Court’s April 9, 2020 order by failing to meet and confer as to all issues raised by
Gold Pacific’s four motions to compel before the June 17, 2020 Case Management Conference.
Minute Order Page 1 of 5
Document Filed Date
August 07, 2020
Case Filing Date
March 05, 2019
Status
Court-Ordered Dismissal - Other (Conditional Settlement) 12/21/2021
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division West District, Santa Monica Courthouse, Department M 19SMCV00434 August 7, 2020 632 N PALM DRIVE, LLC vs ADAN PENA, et al. 8:30 AM Judge: Honorable Mark A. Young CSR: L. Miller, CSR # 6457 Judicial Assistant: K. Metoyer ERM: None Courtroom Assistant: J. Morgan Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Jack Zakariaie (Telephonic) For Defendant(s): Randall Allen Miller; Sean Reynolds (Telephonic) NATURE OF PROCEEDINGS: Order to Show Cause Re: Sanctions Pursuant to California Code of Civil Procedure Section 128.5 against Defendant's Counsel Sean Reynolds; Order to Show Cause Re: Monetary Sanctions Pursuant to Section 177.5; Order to Show Cause Re: RE: Sanctions pursuant to CCP § 128.5 Pursuant to Government Code sections 68086, 70044, and California Rules of Court, rule 2.956, Laurie Miller, CSR # 6457, certified shorthand reporter is appointed as an official Court reporter pro tempore in these proceedings, and is ordered to comply with the terms of the Court Reporter Agreement. The Order is signed and filed this date. The matter is called for hearing re: the above-captioned Order to Show Causes. The Court provides counsel with its written Tentative Ruling. Counsel are given the opportunity to argue. After argument, The Court takes the Order to Show Cause Re: Sanctions Pursuant to California Code of Civil Procedure Section 128.5 against Defendant's Counsel Sean Reynolds, Order to Show Cause Re: Monetary Sanctions Pursuant to Section 177.5, and Order to Show Cause Re: RE: Sanctions pursuant to CCP § 128.5 under submission. **TENTATIVE RULING** There are three separate Order to Show Cause hearings against counsel for Gold Pacific Construction, Inc., Sean Reynolds, Esq. The three OSC hearings are as follows: (1) sanctions pursuant to Code of Civil Procedure section 128.5 based upon Mr. Reynold’s submission of multiple declarations falsely declaring that Gold Pacific’s First Amended Cross-Complaint (FACC) was served on cross-defendant 632 N. Palm Drive, LLC on February 17, 2020 and not February 18, 2020; (2) sanctions pursuant to section 128.5 for filing on June 25, 2020 a frivolous ex parte application without any exigency, emergency, or merit, and for the purpose of harassment and delay; and (3) sanctions pursuant to Code of Civil Procedure 177.5 for willfully violating the Court’s April 9, 2020 order by failing to meet and confer as to all issues raised by Gold Pacific’s four motions to compel before the June 17, 2020 Case Management Conference. Minute Order Page 1 of 5