Eric Zimmerman, et al. v. Ryan Johnson, et al.

state or of the United States." (CCP Sec. 1048(a).) "Where legal and equitable issues are joined in the same action the parties are entitled to a jury trial on the legal issues." (Arciero Ranches v. Meza (1993) 17 Cal.App.4th 114, 123.) Trying the legal claim for breach of contract with the other legal issues appears more time efficient than seating a new jury. The parties should be prepared to discuss these issues at the hearing on this motion. The Court reserves ruling on this issue until the date of the hearing.

13 - Eric Zimmerman, et al. v. Ryan Johnson, et al. Judgment Creditor Eric Zimmerman's Motion for Sanctions Judgment creditor Eric Zimmerman moves for an order awarding discovery sanctions in the amount of $59,236.79 against Judgment Debtor Ryan Johnson. The Court cannot award the relief sought. Under California Rules of Court rule 3.1110(a), "A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order." (See also CCP Sec. 1010.) "A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought.

The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanction sought." (CCP Sec. 2023.040.) Here, Zimmerman's notice of motion is deficient because it does not cite the statute under which he requests monetary sanctions. Without specifying the statutory basis, Johnson has not received adequate notice of the sanctions sought against him, in violation of due process. (See In re Marriage of Reese & Guy (1999) 73 Cal.App.4th 1214, 1220.)

Disposition

Judgment Creditor Eric Zimmerman's motion for sanctions is denied without prejudice. | Home -->)" -->