Tustin Legacy LLC, et. al. v. Haxton, et. al.

(Santa Monica Courthouse: Dept. O) September 10, 2026 DEPARTMENT O LAW AND MOTION RULINGS

September 10, 2026 24SMCV00901 (Tustin Legacy LLC, et. al. v. Haxton, et. al.) INSTANT MOTION On July 27, 2026, plaintiff Tustin Legacy, LLC (Plaintiff) filed the instant motion for an order that the truth of the matters specified in Plaintiff's Requests for Admissions (RFAs) (Set Two) propounded and served on defendant Aaron Haxton (Haxton) be deemed admitted. Plaintiff requests monetary sanctions in the amount of $2,220.00. No opposition has been filed.

DISCUSSION "If a party to whom requests for admission are directed fails to serve a timely response...[t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction..." (Code Civ. Proc., Sec. 2033.280.) Plaintiff's unopposed motion to deem RFAs admitted is GRANTED.

On June 9, 2026, Plaintiff served Haxton with Requests for Admissions (Set Two) overnight via FedEx to his last-known address, P.O. Box 1093, Los Alamos, CA 93440. (Kuehl Decl., P.P. 6-8, Ex. 7.) On June 10, 2026, Plaintiff also served Haxton with the same discovery via certified mail to the same address. (Id. P. 9, Ex. 8.) Haxton's responses to the RFAs were due or before July 13, 2026. No objections or responses were received to date. (Id. P. 10.) No opposition has been filed.

Plaintiff's request for monetary sanctions is GRANTED in the full amount of $2,220.00. The Court finds that monetary sanctions are appropriate, and the amount requested is reasonable. (Kuel Decl.)

Case Number: 25SMCV05641 Hearing Date: September 10, 2026 Dept: O TENTATIVE RULING September 10, 2026 25SMCV05641 (Phillips v. Biddyco, LLC, et. al.)

RELEVANT BACKGROUND On October 29, 2025, plaintiff Debra Phillips (Plaintiff) filed her complaint against defendants Biddyco, LLC (BiddyCo), Benjamin Philabaum (Philabaum), Meredith Schoenberger (Schoenberger), and Does 1-10 (collectively, Defendants). On March 12, 2026, Plaintiff filed a first amended complaint (FAC)

Plaintiff alleges that in or about 2013, her husband, Rob Berkley (Berkley), began professionally coaching Philabaum, who was exploring the launch of a digital advertising agency. (FAC, P. 9.) Plaintiff alleges that on or about October 30, 2014, Philabaum formed BiddyCo, LLC. (FAC, P. 10.) Plaintiff alleges that Philabaum sought, and Berkley agreed to provide, continuing professional development to Philabaum for BiddyCo. (Id.)

On or about May 6, 2015, Philabaum sent an e-mail to Berkley in which he stated the following: "Putting things in writing ... Rob is granted a 10% equity stake in BIDDYCO in exchange for weekly business coaching. Our mutual