R & M Veady, Inc. vs. Tran

seeks to correct certain typographical errors in the operative pleading. No opposition to the motion was filed.

The Court finds it is in furtherance of justice to allow the filing of the proposed amended complaint. The Court notes that the proposed pleading states that a copy of the subject agreement is attached as Exhibit 1; however, nothing is attached to the proposed pleading. This defect should be corrected before the proposed pleading is filed.

Plaintiff shall file the Second Amended Complaint no later than August 28, 2026, and serve it according to the Code of Civil Procedure.

OSC/Service is off calendar.

CMC set on 10-5-26 at 9:00 a.m.

9 R & M Veady, Motion for Terminating Sanctions Inc. vs. Tran Plaintiff R&M Veady, Inc’s unopposed motion for terminating sanctions, issue and/or evidentiary sanctions is denied without prejudice.

Plaintiff’s request for monetary sanctions against Defendants Thuy Thi Tran and Thomas Quach is granted. Defendants are ordered to pay $1800.00 ($900 each) to Plaintiff within 20 days of the notice of this ruling.

Terminating sanctions are only appropriate when a party persists in disobeying the court’s orders such that the ultimate sanctions of dismissing the action or entering default judgment, etc. are justified. (See Deyo v. Kilbourne (1978) 84 Cal. App. 3d 771, 796.)

Here, thus far, Defendants have only disobeyed the Court’s 4/27/26 Order. Before imposing terminating, issue or evidentiary sanctions, the Court will allow Defendants one additional opportunity to comply with that order, and serve further responses to Plaintiff’s discovery and pay the outstanding monetary sanctions.

Accordingly, the Court reiterates its order from 4/27/26. In addition to the monetary sanctions imposed today, Defendants Thuy Thi Tran and Thomas Quach are ordered to serve further responses to Plaintiff’s form interrogatories set one, and pay monetary sanctions to Plaintiff in the amount of $2700 total within 20 days of the notice of ruling.

Plaintiff shall give notice of the ruling.