This case was last updated from Los Angeles County Superior Courts on 08/17/2019 at 05:47:13 (UTC).

ALEJANDRO DIAZ VS JUAN REYES

Case Summary

On 06/06/2018 a Civil Right - Other Civil Right case was filed by ALEJANDRO DIAZ against JUAN REYES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8278

  • Filing Date:

    06/06/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GEORGINA T. RIZK

 

Party Details

Plaintiff

DIAZ ALEJANDRO

Defendant

REYES JUAN

 

Court Documents

Declaration (name extension) - Declaration of Reginald Carlton

7/30/2019: Declaration (name extension) - Declaration of Reginald Carlton

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

8/14/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Complaint

6/6/2018: Complaint

Summons - on Complaint

6/6/2018: Summons - on Complaint

Civil Case Cover Sheet

6/6/2018: Civil Case Cover Sheet

Answer

8/2/2018: Answer

Proof of Personal Service

8/9/2018: Proof of Personal Service

Order on Court Fee Waiver (Superior Court)

6/6/2018: Order on Court Fee Waiver (Superior Court)

Notice of Case Assignment - Limited Civil Case

6/6/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/09/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/04/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/17/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/14/2019
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: Alejandro Diaz (Plaintiff); As to: Juan Reyes (Defendant)

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  • 08/14/2019
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 10/17/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/30/2019
  • DocketDeclaration of Reginald Carlton; Filed by: Alejandro Diaz (Plaintiff)

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  • 08/09/2018
  • DocketProof of Personal Service; Filed by: Alejandro Diaz (Plaintiff); As to: Juan Reyes (Defendant); Service Date: 06/27/2018; Service Cost: 40.00; Service Cost Waived: No

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  • 08/02/2018
  • DocketAnswer; Filed by: Juan Reyes (Defendant)

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  • 06/08/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 06/08/2018
  • DocketNon-Jury Trial scheduled for 12/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/08/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/06/2018
  • DocketComplaint; Filed by: Alejandro Diaz (Plaintiff); As to: Juan Reyes (Defendant)

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  • 06/06/2018
  • DocketRequest to Waive Court Fees; Filed by: Alejandro Diaz (Plaintiff)

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  • 06/06/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Alejandro Diaz (Plaintiff)

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  • 06/06/2018
  • DocketCivil Case Cover Sheet; Filed by: Alejandro Diaz (Plaintiff)

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  • 06/06/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/06/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC08278    Hearing Date: October 24, 2019    Dept: 94

MOTION TO COMPEL RESPONSES TO INTERROGATORIES

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Alejandro Diaz’s Motion Compelling Defendant Juan Reyes To Respond To Special Interrogatories, Set One, and for Monetary Sanctions is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS AND SANCTIONS OF $475.00 ARE TO BE PAID WITHIN 30 DAYS.

REQUEST FOR RELIEF: Compel Defendant to provide verified responses to the special interrogatories, without objections, and award Plaintiff sanctions. (Code Civ. Proc., §§ 2030.290.)

OPPOSITION: None filed as of October 21, 2019.

ANALYSIS:

Plaintiff Alejandro Diaz (“Plaintiff”) propounded Special Interrogatories, Set One, on Defendant Juan Reyes (“Defendant”) on July 1, 2019. (Motion, Mehrban Decl., ¶3 and Exh. 1.) To date, no verified responses have been served. (Id. at ¶4.)

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the foregoing, Plaintiff is entitled to an order compelling Defendant to serve verified responses without objections.

Defendant’s failure to timely respond also constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030, and have been properly noticed. However, the amount sought is excessive given the simplicity of this motion. The request for sanctions is granted against Defendant in the amount of $475.00 based on one hour of attorney time billed at $475.00. (Motion, Mehrban Decl., ¶6.) The sanctions are to be paid within 30 days this order.

Alejandro Diaz’s Motion Compelling Defendant Juan Reyes To Respond To Special Interrogatories, Set One, and for Monetary Sanctions is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS. SANCTIONS OF $475.00 ARE TO BE PAID WITHIN 30 DAYS.

Moving party to give notice.