On 02/02/2018 a Contract - Other Contract case was filed by ALEJANDRO FUENTES-AGUILAR against MIRAGE AUTO SALES LEASING, INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******0326
02/02/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELAINE LU
FUENTES-AGUILAR ALEJANDRO
SANTIAGO EIRA GERONIMO
MIRAGE AUTO SALES & LEASING INC
HUDSON INSURANCE COMPANY
7/1/2019: Substitution of Attorney - Substitution of Attorney
7/9/2019: Ex Parte Application (name extension) - Ex Parte Application to Continue Trial
7/11/2019: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Trial)
7/19/2019: Stipulation and Order (name extension) - Stipulation and Order to Continue the Trial Date and Discovery Cutoff
8/22/2018: Minute Order - (Hearing on Motion - Other Motion to Strike Portions of Complaint)
8/23/2018: Answer
8/21/2018: Notice (name extension) - of Non-Opposition to Motion to Strike Portions Of Complaint
8/22/2018: Notice of Ruling
7/12/2018: Motion for Order (name extension)
6/22/2018: Answer
6/15/2018: Proof of Service by Substituted Service
6/12/2018: Proof of Personal Service
2/2/2018: Summons - on Complaint
2/2/2018: Civil Case Cover Sheet
2/2/2018: Complaint
2/2/2018: Notice of Case Assignment - Limited Civil Case
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
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketPursuant to written stipulation, Non-Jury Trial scheduled for 08/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Stipulation was rescheduled to 04/06/2020 08:30 AM
DocketStipulation and Order to Continue the Trial Date and Discovery Cutoff; Signed and Filed by: Alejandro Fuentes-Aguilar (Plaintiff); As to: Mirage Auto Sales & Leasing, Inc (Defendant); Hudson Insurance Company (Defendant)
DocketHearing on Ex Parte Application to Continue Trial scheduled for 07/11/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Hearing on Ex Parte Application to Continue Trial)
DocketHearing on Ex Parte Application to Continue Trial scheduled for 07/11/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 07/11/2019; Result Type to Held
DocketEx Parte Application to Continue Trial; Filed by: Alejandro Fuentes-Aguilar (Plaintiff); As to: Mirage Auto Sales & Leasing, Inc (Defendant); Hudson Insurance Company (Defendant)
DocketSubstitution of Attorney; Filed by: Alejandro Fuentes-Aguilar (Plaintiff)
DocketAnswer; Filed by: Hudson Insurance Company (Defendant)
DocketProof of Service by Substituted Service; Filed by: Alejandro Fuentes-Aguilar (Plaintiff); Eira Geronimo Santiago (Plaintiff); As to: Mirage Auto Sales & Leasing, Inc (Defendant); Proof of Mailing Date: 05/21/2018; Service Cost: 55.00; Service Cost Waived: No
DocketProof of Personal Service; Filed by: Alejandro Fuentes-Aguilar (Plaintiff); Eira Geronimo Santiago (Plaintiff); As to: Hudson Insurance Company (Defendant); Service Date: 06/12/2018; Service Cost: 105.00; Service Cost Waived: No
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 08/02/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 02/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketComplaint; Filed by: Alejandro Fuentes-Aguilar (Plaintiff); As to: Mirage Auto Sales & Leasing, Inc (Defendant)
DocketCivil Case Cover Sheet; Filed by: Alejandro Fuentes-Aguilar (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 18STLC00326 Hearing Date: February 27, 2020 Dept: 26
Fuentes-Aguilar v. Mirage Auto Sales & Leasing, Inc., et al.
MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION
AND REQUEST FOR SANCTIONS
(CCP § 2031.300)
TENTATIVE RULING:
Plaintiff Alejandro Fuentes-Aguilar’s Motion to Compel Responses to Requests for Production and Request for Sanctions IS GRANTED. DEFENDANT MIRAGE AUTO SALES & LEASING, INC. IS TO SERVE VERIFIED RESPONSES TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHOUT OBJECTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT MIRAGE AUTO SALES & LEASING, INC. AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $375.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
Plaintiff Alejandro Fuentes-Aguilar (“Plaintiff”) propounded Requests for Production, Set One on Defendant Mirage Auto Sales & Leasing, Inc. (“Defendant”) on November 7, 2019. (Motion, Johnson Decl., ¶4 and Exh. 1.) Despite numerous extensions of the time to respond, Defendant has not served responses to date. (Id. at ¶¶4-15.) On December 18, 2019, Plaintiff filed the instant Motion to Compel Responses to the Request for Production and Request for Sanctions (“the Motion”). To date, no opposition has been filed.
There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.300.) In light of Defendant Mirage Auto Sales & Leasing, Inc.’s failure to provide responses, Plaintiff is entitled to an order that Defendant Mirage Auto Sales & Leasing, Inc.serve verified responses, without objection, to the Requests for Production.
The Court also finds Defendant Mirage Auto Sales & Leasing, Inc.’s failure to timely respond 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 jointly and severally against Defendant Mirage Auto Sales & Leasing, Inc. and its counsel of record in the amount of $375.00 based on one hour of attorney time billed at $375.00. (Motion, Johnson Decl., ¶6.)
Therefore, Plaintiff Alejandro Fuentes-Aguilar’s Motion to Compel Responses to Requests for Production and Request for Sanctions IS GRANTED. DEFENDANT MIRAGE AUTO SALES & LEASING, INC. IS TO SERVE VERIFIED RESPONSES TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHOUT OBJECTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. DEFENDANT MIRAGE AUTO SALES & LEASING, INC. AND ITS COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $375.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.
Case Number: 18STLC00326 Hearing Date: February 13, 2020 Dept: 26
Fuentes-Aguilar v. Mirage Auto Sales & Leasing, Inc., et al.
MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; SANCTIONS
(CCP § 2033.280)
TENTATIVE RULING:
Plaintiff Alejandro Fuentes-Aguilar’s Motion to Deem Requests for Admission Admitted Against Defendant Mirage Auto Sales & Leasing, Inc. is GRANTED. DEFENDANT MIRAGE AUTO SALES & LEASING, INC. TO PAY SANCTIONS OF $375.00 TO PLAINITFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
On November 7, 2019, Plaintiff Alejandro Fuentes-Aguilar (“Plaintiff”) served Requests for Admissions, Set One, on Defendant Mirage Auto Sales & Leasing, Inc. (“Defendant Mirage”). (Motion, Johnson Decl., ¶4 and Exhs. 1-3.) To date, Plaintiff has not received verified responses to the discovery requests from Defendant Mirage. (Id. at ¶5.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions Admitted Against Defendant Mirage and for Monetary Sanctions (the “Motion”) on December 18, 2019.
In violation of Code of Civil Procedure section 2033.250, Defendant Mirage has not provided verified responses to the discovery propounded by Plaintiff. Nor has Defendant Mirage filed an opposition to the Motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.)
The Court finds the failure to respond a misuse of the discovery process. Sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280 and have been properly noticed. However, the amount of sanctions requested is excessive given the simplicity of this unopposed Motion. Sanctions are granted against Defendant Mirage in the amount of $375.00, based on one hour of attorney time billed at $375.00 per hour. (Motion, Johnson Decl., ¶6.)
Based on the foregoing, Plaintiff Alejandro Fuentes-Aguilar’s Motion to Deem Requests for Admission Admitted Against Defendant Mirage Auto Sales & Leasing, Inc. is GRANTED. DEFENDANT MIRAGE AUTO SALES & LEASING, INC. TO PAY SANCTIONS OF $375.00 TO PLAINITFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.