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GOMEZ V PLA-ART INTERNATIONAL INC

On April 9, 2019, the Court ordered Defendants San Diego Logistics and Pla-Art International, Inc. to produce general ledgers, balance sheets, and bank statements, explaining that redactions are unnecessary given the protective order. Defendants San Diego Logistics and Pla-Art International, Inc. acknowledge that copies of checks, which would be part of bank statements, were not provided. Defendants San Diego Logistics and Pla-Art International, Inc.'

  • Hearing

    Aug 29, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(2) The UNOPPOSED Motion of Defendants and Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC to Strike Portions of the Cross Complaint is GRANTED. Failure to file an opposition to a motion indicates Plaintiffs' acquiescence that the motion is meritorious. Plaintiffs did not file an opposition.

  • Hearing

    Apr 12, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(4) Defendant PLA-ART INTERNATIONAL, INC.'s Motion to Compel Further Responses by Plaintiff Gomez, to Requests for Production of Documents (Set No. One) is GRANTED. Plaintiff must make reasonable efforts to produce documents within his control, including documents in his former attorney's possession. (Code Civ. Proc., § 2031.230 [an inability to comply does not apply to items "in the possession, custody, or control of the responding party."].)

  • Hearing

    Mar 12, 2020

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(2) The UNOPPOSED Motion of Defendants and Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC to Strike Portions of the Cross Complaint is GRANTED. Failure to file an opposition to a motion indicates Plaintiffs' acquiescence that the motion is meritorious. Plaintiffs did not file an opposition.

  • Hearing

    Apr 12, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to PLA-Art INTERNATIONAL, INC. dba SAN DIEGO COLD STORAGE are CONTINUED to April 5, 2019. Given the pendency of motions which could make these motions moot, the Court continues the motions to April 5, 2019, at 10:30 am.

  • Hearing

    Jan 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

(1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to PLA-Art INTERNATIONAL, INC. dba SAN DIEGO COLD STORAGE are CONTINUED to April 5, 2019. Given the pendency of motions which could make these motions moot, the Court continues the motions to April 5, 2019, at 10:30 am.

  • Hearing

    Jan 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: The Motion of Cross Defendants Pla-Art International, Inc. dba San Diego Cold Storage and San Diego Logistics, LLC to Strike Portions of the Cross Complaint is GRANTED, with ten days leave to amend. The Court finds the cross complaint fails to state sufficient facts to support a claim for punitive damages and the complaint is otherwise defective as indicated in the motion.

  • Hearing

    Jan 19, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: Defendants Pla-Art International, Inc. dba San Diego Cold Storage, San Diego Logistics, LLC, Frank Edward Plant Jr. and Frank Edward Plant III's Motion to Strike Portions of Plaintiffs' Third Amended Complaint is DENIED. Pursuant to CCP section 436, the court has discretion at any time to strike portions of pleadings. (Code Civ. Proc., § 436.) The allegations have some relevance to Plaintiffs' causes of action. Further, the allegations do not violate the attorney-client privilege.

  • Hearing

    Dec 07, 2017

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

However, the subpoena seeks records of sales as to PLA-ART International, Inc. dba San Diego Cold Storage's equipment. Nothing in the subpoena indicates it seeks personal records of Frank E. Plant Jr. or Frank E. Plant, III. A notice was not required. Defendants take issue with the fact Plaintiff did not define "equipment" when PLA-ART has operations that are unrelated to Plaintiff's claims.

  • Hearing

    Oct 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

However, the subpoena seeks records of sales as to PLA-ART International, Inc. dba San Diego Cold Storage's equipment. Nothing in the subpoena indicates it seeks personal records of Frank E. Plant Jr. or Frank E. Plant, III. A notice was not required. Defendants take issue with the fact Plaintiff did not define "equipment" when PLA-ART has operations that are unrelated to Plaintiff's claims.

  • Hearing

    Oct 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

TENTATIVE RULING: (1) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to San Diego Logistics and (2) Plaintiffs' Motion to Compel Further Responses to Plaintiffs' Second Request for Production of Documents to Pla-Art International, Inc. dba San Diego Cold Storage are GRANTED, in part.

  • Hearing

    Apr 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Gomez declares that Chavez could have assured TPE and other clients by explaining that the new company and Pla-Art International, Inc. dba San Diego Cold Storage (SDCS) did not factor invoices, it is possible Chavez was concerned that the clients would believe Mr. Gomez's involvement would lead to factoring of invoices.

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Gomez declares that Chavez could have assured TPE and other clients by explaining that the new company and Pla-Art International, Inc. dba San Diego Cold Storage (SDCS) did not factor invoices, it is possible Chavez was concerned that the clients would believe Mr. Gomez's involvement would lead to factoring of invoices.

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Gomez declares that Chavez could have assured TPE and other clients by explaining that the new company and Pla-Art International, Inc. dba San Diego Cold Storage (SDCS) did not factor invoices, it is possible Chavez was concerned that the clients would believe Mr. Gomez's involvement would lead to factoring of invoices.

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Gomez declares that Chavez could have assured TPE and other clients by explaining that the new company and Pla-Art International, Inc. dba San Diego Cold Storage (SDCS) did not factor invoices, it is possible Chavez was concerned that the clients would believe Mr. Gomez's involvement would lead to factoring of invoices.

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Gomez declares that Chavez could have assured TPE and other clients by explaining that the new company and Pla-Art International, Inc. dba San Diego Cold Storage (SDCS) did not factor invoices, it is possible Chavez was concerned that the clients would believe Mr. Gomez's involvement would lead to factoring of invoices.

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

GOMEZ V PLA-ART INTERNATIONAL INC

Gomez declares that Chavez could have assured TPE and other clients by explaining that the new company and Pla-Art International, Inc. dba San Diego Cold Storage (SDCS) did not factor invoices, it is possible Chavez was concerned that the clients would believe Mr. Gomez's involvement would lead to factoring of invoices.

  • Hearing

    Nov 08, 2018

  • Type

    Contract

  • Sub Type

    Breach

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