This case was last updated from Los Angeles County Superior Courts on 10/08/2020 at 01:30:17 (UTC).

ALLIED HEALTH SOLUTIONS MEDICAL GROUP VS CATHERINE AJALA-STAATS

Case Summary

On 08/28/2018 ALLIED HEALTH SOLUTIONS MEDICAL GROUP filed a Contract - Other Contract lawsuit against CATHERINE AJALA-STAATS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1040

  • Filing Date:

    08/28/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

ALLIED HEALTH SOLUTIONS MEDICAL GROUP

Defendant

AJALA-STAATS CATHERINE

Attorney/Law Firm Details

Plaintiff Attorney

CENTER BRIAN DAVID

Defendant Attorney

OMOKO GEORGE EMEKA

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/28/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Ruling - Notice of Ruling

2/11/2020: Notice of Ruling - Notice of Ruling

Ex Parte Application (name extension) - Ex Parte Application TO CONTINUE TRIAL

2/5/2020: Ex Parte Application (name extension) - Ex Parte Application TO CONTINUE TRIAL

Minute Order - Minute Order (Hearing on Ex Parte Application TO CONTINUE TRIAL; Hearing on...)

2/5/2020: Minute Order - Minute Order (Hearing on Ex Parte Application TO CONTINUE TRIAL; Hearing on...)

Brief (name extension) - Brief Plaintiff's Brief re OSC re Status of Plaintiff's Representation and Why Complaint Should not be Struck, Declaration of Brian D. Center in Support Thereof

1/2/2020: Brief (name extension) - Brief Plaintiff's Brief re OSC re Status of Plaintiff's Representation and Why Complaint Should not be Struck, Declaration of Brian D. Center in Support Thereof

Notice of Ruling - Notice of Ruling

1/14/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

11/18/2019: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

Notice of Ruling - Notice of Ruling

10/31/2019: Notice of Ruling - Notice of Ruling

Substitution of Attorney - Substitution of Attorney

10/16/2019: Substitution of Attorney - Substitution of Attorney

Ex Parte Application (name extension) - Ex Parte Application PLAINTIFF ALLIED HEALTH SOLUTIONS MEDICAL GROUP'S EX PARTE APPLICATION TO REDACT INFORMATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPO

10/25/2019: Ex Parte Application (name extension) - Ex Parte Application PLAINTIFF ALLIED HEALTH SOLUTIONS MEDICAL GROUP'S EX PARTE APPLICATION TO REDACT INFORMATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPO

Proof of Personal Service

9/27/2018: Proof of Personal Service

Summons - on Complaint

8/28/2018: Summons - on Complaint

Civil Case Cover Sheet

8/28/2018: Civil Case Cover Sheet

24 More Documents Available

 

Docket Entries

  • 04/20/2021
  • Hearing04/20/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 10/05/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 04/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 10/05/2020
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 10/05/2020
  • DocketNon-Jury Trial scheduled for 03/11/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/05/2020

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  • 10/05/2020
  • DocketHearing on Motion - Other To Redact Social Security Number scheduled for 10/06/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/05/2020

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  • 10/05/2020
  • DocketHearing on Motion to Compel Deposition of Defendant Catherine Ajala-Staats scheduled for 10/06/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/05/2020

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  • 10/05/2020
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 10/06/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/05/2020

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  • 10/02/2020
  • DocketUpdated -- Notice of Settlement: Status Date changed from 10/02/2020 to 10/02/2020; As To Parties: removed

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  • 06/29/2020
  • DocketNotice Notice of Continuance of Hearings; Filed by: Allied Health Solutions Medical Group (Plaintiff); As to: Catherine Ajala-Staats (Defendant)

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  • 06/18/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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64 More Docket Entries
  • 10/04/2018
  • DocketAnswer; Filed by: Catherine Ajala-Staats (Defendant)

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  • 10/04/2018
  • DocketProof of Service (not Summons and Complaint); Filed by: Catherine Ajala-Staats (Defendant); As to: Allied Health Solutions Medical Group (Plaintiff)

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  • 09/27/2018
  • DocketProof of Personal Service; Filed by: Allied Health Solutions Medical Group (Plaintiff); As to: Catherine Ajala-Staats (Defendant); Service Date: 09/04/2018; Service Cost: 0.00; Service Cost Waived: No

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  • 08/28/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/28/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/28/2018
  • DocketCivil Case Cover Sheet; Filed by: Allied Health Solutions Medical Group (Plaintiff)

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  • 08/28/2018
  • DocketComplaint; Filed by: Allied Health Solutions Medical Group (Plaintiff); As to: Catherine Ajala-Staats (Defendant)

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  • 08/28/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/28/2018
  • DocketNon-Jury Trial scheduled for 02/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/28/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/31/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC11040    Hearing Date: October 06, 2020    Dept: 26

Allied Health Solutions Medical Group v. Ajala-Staats, et al.

MOTION TO DEEM ADMITTED; MOTION TO COMPEL DEPOSITION; MOTION TO REDACT INFORMATION

(CCP §§ 2033.280; 2025.450; CRC RULE 1.201)

TENTATIVE RULING:

Plaintiff Allied Health Solutions Group’s Motion to Deem Requests for Admission Admitted Against Defendant is GRANTED. DEFENDANT TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Allied Health Solutions Group’s Motion to Compel Defendant’s Deposition and Request for Sanctions is GRANTED. DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY PLAINTIFF, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Allied Health Solutions Group’s Motion to Redact Confidential Information is GRANTED. THE COMPLAINT IS TO BE REMOVED FROM THE COURT’S ELECTRONIC FILING SYSTEM AND RESCANNED IN REDACTED FORM.

ANALYSIS:  

Plaintiff Allied Health Solutions Medical Group (“Plaintiff”) filed the instant action for breach of contract against Defendant Catherine Ajala-Staats (“Defendant”) on August 28, 2018. The Complaint was initially filed by Plaintiff in pro per; it was not until August 20, 2019 that a substitution of attorney was filed indicating Plaintiff was represented by an attorney, Brian Center, Esq. (Substitution of Attorney, filed 8/20/19.)

The Motion to Deem Requests for Admission Admitted and Request for Sanctions was filed on September 23, 2019. Defendant filed an opposition on November 12, 2019 and Plaintiff replied on November 14, 2019. Plaintiff filed the Motion to Redact Information on January 3, 2020.

Following multiple continuances of the Motion to Deem Requests for Admission Admitted, the Court discharged the Order to Show Cause regarding Plaintiff’s Legal Representation on January 13, 2020.

Plaintiff filed the Motion to Compel Deposition and Request for Sanctions on April 2, 2020. No oppositions have been filed to the Motion to Compel Deposition and Motion to Redact Information.

Motion to Deem RFAs Admitted

Defendants have not provided verified responses to the discovery propounded by Plaintiff on July 8, 2019. (Motion, Center Decl., ¶¶2-3.) 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 also 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. Sanctions are granted against Defendant in the amount of $350.00, based on one hour of attorney time billed at $350.00 per hour. (Id. at ¶5.)

Therefore, the Motion to Deem Requests for Admission Admitted Against Defendant is GRANTED. DEFENDANT TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Motion to Compel Deposition

Plaintiff also moves to compel Defendant’s deposition pursuant to Code of Civil Procedure section 2025.450, section (a), which states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.)

A court shall impose monetary sanctions if the motion to compel is granted unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Plaintiffs present evidence that Defendant failed to appear for her properly noticed deposition on January 21, 2020 despite Plaintiff’s attempt to confirm her appearance. (Motion, Center Decl., ¶¶2-4 and Exh. A-C.) Plaintiff also demonstrates that it made multiple attempts to meet and confer with Defendant following the failure to appear. (Id. at ¶¶5-7 and Exhs. B, D.) To date, Defendant has refused to cooperate with Plaintiff regarding the taking of her deposition. (Ibid.)

Therefore, the Motion to Compel Defendant’s Deposition and Request for Sanctions is GRANTED. DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY PLAINTIFF, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Motion to Redact Information

Plaintiff moves to redact the first five digits of Defendant’s social security number from the Complaint on the grounds that the confidential information was inadvertently included when the pleading was filed. (Compl., Exh. A, p. 14.) Under Cal. Rules of Court, Rule 1.201, “To protect personal privacy and other legitimate interests, parties and their attorneys must not include, or must redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court.” (Cal. Rules of Court, Rule 1.201.) This includes all but the last four digits of a person’s social security number. (Cal. Rules of Court, Rule 1.201, subd. (a).)

Therefore, the Motion to Redact Confidential Information is GRANTED. THE COMPLAINT IS TO BE REMOVED FROM THE COURT’S ELECTRONIC FILING SYSTEM AND RESCANNED IN REDACTED FORM.

Conclusion

Plaintiff Allied Health Solutions Group’s Motion to Deem Requests for Admission Admitted Against Defendant is GRANTED. DEFENDANT TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Allied Health Solutions Group’s Motion to Compel Defendant’s Deposition and Request for Sanctions is GRANTED. DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY PLAINTIFF, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $350.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Allied Health Solutions Group’s Motion to Redact Confidential Information is GRANTED. THE COMPLAINT IS TO BE REMOVED FROM THE COURT’S ELECTRONIC FILING SYSTEM AND RESCANNED IN REDACTED FORM.

Moving party to give notice.

Case Number: 18STLC11040    Hearing Date: January 13, 2020    Dept: 94

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Plaintiff Allied Health Solutions Medical Group’s (1) Motion To Deem Requests For Admission, Set One, Admitted Against Defendant; Request For Monetary Sanctions; and (2) Motion To Compel Defendant’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions, are CONTINUED TO FEBRUARY 3, 2020 AT 10:30 AM IN DEPARTMENT 94 PENDING THE COURT’S DETERMINATION OF THE OSC RE STATUS OF PLAINTIFF’S REPRESENTATION AND WHY COMPLAINT SHOULD NOT BE STRUCK.

ANALYSIS:

Plaintiff Allied Health Solutions Medical Group (“Plaintiff”) filed the instant action for breach of contract against Defendant Catherine Ajala-Staats (“Defendant”) on August 28, 2018. As pointed out by Defendant’s opposition (late filed on November 12, 2019), the Complaint was not filed by an attorney. Instead, it was filed by Plaintiff in pro per. It was not until August 20, 2019 that a substitution of attorney was filed by Plaintiff indicating that it was represented by an attorney, Brian Center, Esq. (Substitution of Attorney, filed 8/20/19.)

Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. [Citation.]” (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).

Based on the foregoing, Plaintiff Allied Health Solutions Medical Group’s (1) Motion To Deem Requests For Admission, Set One, Admitted Against Defendant; Request For Monetary Sanctions; and (2) Motion To Compel Defendant’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions, are CONTINUED TO FEBRUARY 3, 2020 AT 10:30 AM IN DEPARTMENT 94 PENDING THE COURT’S DETERMINATION OF THE OSC RE STATUS OF PLAINTIFF’S REPRESENTATION AND WHY COMPLAINT SHOULD NOT BE STRUCK.

Moving party to give notice.

Case Number: 18STLC11040    Hearing Date: November 18, 2019    Dept: 94

Allied Health Solutions Medical Group v. Ajala-Staats, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Plaintiff Allied Health Solutions Medical Group’s (1) Motion To Deem Requests For Admission, Set One, Admitted Against Defendant; Request For Monetary Sanctions; and (2) Motion To Compel Defendant’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions, are CONTINUED TO JANUARY 13, 2019 AT 10:30 AM IN DEPARTMENT 94. OSC RE STATUS OF PLAINTIFF’S REPRESENTATION AND WHY COMPLAINT SHOULD NOT BE STRUCK SET FOR JANUARY 13, 2019 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

Plaintiff Allied Health Solutions Medical Group (“Plaintiff”) filed the instant action for breach of contract against Defendant Catherine Ajala-Staats (“Defendant”) on August 28, 2018. As pointed out by Defendant’s opposition (late filed on November 12, 2019), the Complaint was not filed by an attorney. Instead, it was filed by Plaintiff in pro per. It was not until August 20, 2019 that a substitution of attorney was filed by Plaintiff indicating that it was represented by an attorney, Brian Center, Esq. (Substitution of Attorney, filed 8/20/19.) A substitution of attorney is not effective until filed with the Court. (Code Civ. Proc., § 284.) As also pointed by Defendant’s opposition, at the time the discovery requests were served on July 8, 2019, Attorney Center was not Plaintiff’s attorney of record, despite his representation to the contrary. (Motion, Center Decl., Exh. A, p. 7.)

Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. [Citation.]” (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).

Based on the foregoing, Plaintiff Allied Health Solutions Medical Group’s (1) Motion To Deem Requests For Admission, Set One, Admitted Against Defendant; Request For Monetary Sanctions; and (2) Motion To Compel Defendant’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions, are CONTINUED TO JANUARY 13, 2019 AT 10:30 AM IN DEPARTMENT 94. The court also sets an OSC re Status of Plaintiff’s Representation and Why Complaint Should Not Be Struck set for JANUARY 13, 2019 AT 10:30 AM IN DEPARTMENT 94.

Moving party to give notice.