Continental Lynwood v. Lynwood Development Agency

Filed 2/20/07  Continental Lynwood v. Lynwood Development Agency CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

            APPEAL from a judgment of the Superior Court of the County of Los Angeles, Joseph R. Kalin, Judge.  Reversed.

            Moldo Davidson Fraioli Seror & Sestanovich LLP, Patrick A. Fraioli, Jr., James  M. Gilbert, Jamie N. Gonzalez and Steven Moyer for Plaintiff and Appellant.

            Law Offices of Ronald N. Wilson & Associates, Ronald N. Wilson and Maurice  L. Chenier for Defendant and Respondent.

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            Continental Lynwood LLC (Continental) appeals from a judgment entered after the trial court granted Lynwood Redevelopment Agency's (LRA) motion for terminating sanctions and denied Continental's motion to set aside the dismissal of its action for declaratory relief.  We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

            1.  LRA's Motion for Terminating Sanctions

            Continental, which leased a parking lot from LRA, filed an unverified complaint for declaratory relief on March 18, 2003 arising out of a dispute with LRA over the  terms of the lease.  LRA answered the complaint on May 12, 2003 and on October 6, 2003 served on William Elperin, Continental's counsel, a set of form interrogatories.  On January 7, 2004 LRA served both a request for production of documents and set of special interrogatories.

            Because Continental had served no responses to the form interrogatories, on January 30, 2004 LRA moved to compel responses to the form interrogatories without objection and for $2,500 in sanctions to pay reasonable costs and attorney fees.  No response to the motion was filed, and no discovery responses were provided by the time of the hearing.  On February 26, 2004 neither Continental nor Elperin appeared at the hearing on Continental's motion.  The court granted the motion, awarded sanctions to LRA in the amount of $1,500 and continued the previously scheduled final status conference from February 27, 2004 to June 25, 2004 and trial from March 8, 2004 to July  6, 2004.  

            On April 6, 2004 LRA moved to compel responses to the special interrogatories and document requests it had served on January 7, 2004.  LRA also moved for terminating sanctions based on Continental's failure to comply with the court's February  26, 2004 order granting LRA's motion to compel responses to form interrogatories.  No response to the motions was filed by Continental.  At a hearing on April 28, 2004, which, once again, neither Continental nor Elperin attended, the trial court granted LRA's motion for terminating sanctions and denied the motion to compel as moot.  No document entitled â€