This case was last updated from Los Angeles County Superior Courts on 08/06/2021 at 01:10:34 (UTC).

ALMA DELIA JIMENEZ VILLEGAS, ET AL. VS VANESSA MARIE VENTURA

Case Summary

On 02/25/2019 ALMA DELIA JIMENEZ VILLEGAS filed a Personal Injury - Motor Vehicle lawsuit against VANESSA MARIE VENTURA. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2027

  • Filing Date:

    02/25/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

JIMENEZ VILLEGAS ALMA DELIA

PEREZ TAPIA LUIS REY

PEREZ TAPIA DISMISSED LUIS REY

Defendant

VENTURA VANESSA MARIE

Attorney/Law Firm Details

Plaintiff Attorney

JIMENEZ DANIEL F.

Defendant Attorney

FAAL ALI

 

Court Documents

Order - Dismissal - Order - Dismissal

8/3/2021: Order - Dismissal - Order - Dismissal

Notice of Ruling - Notice of Ruling

8/4/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

1/12/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Minute Order - Minute Order (Nunc Pro Tunc Order)

3/26/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

Motion for Terminating Sanctions - Motion for Terminating Sanctions

3/1/2021: Motion for Terminating Sanctions - Motion for Terminating Sanctions

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 01/12/2021

1/12/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 01/12/2021

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel DEPOSITION) of 01/13/2021

1/13/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel DEPOSITION) of 01/13/2021

Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL DATE [C.C.P. 595.2]

11/25/2020: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL DATE [C.C.P. 595.2]

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECL

12/7/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION TO COMPEL THE DEPOSITION OF PLAINTIFF AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECL

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

10/13/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Answer - Answer

3/12/2020: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

3/12/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial, [and Related Motion/Discovery Dates]

6/5/2020: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial, [and Related Motion/Discovery Dates]

Notice of Ruling - Notice of Ruling

6/10/2020: Notice of Ruling - Notice of Ruling

Summons - Summons on Complaint

2/25/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

21 More Documents Available

 

Docket Entries

  • 08/04/2021
  • DocketNotice of Ruling; Filed by: Vanessa Marie Ventura (Defendant)

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  • 08/03/2021
  • DocketUpdated -- Motion to Dismiss Plaintiff Alma Delia Jimenez Villegas' Complaint for Failure to Abide by the Court's 01/12/2021 Discovery Order Re: Responses to Defendant's Form Interrogatories and Demand for Production of Documents: Filed By: Vanessa Marie Ventura (Defendant); Result: Granted; Result Date: 08/03/2021

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  • 08/03/2021
  • DocketOn the Complaint filed by Alma Delia Jimenez Villegas, et al. on 02/25/2019, entered Order for Dismissal with prejudice as to Vanessa Marie Ventura

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  • 08/03/2021
  • DocketOrder - Dismissal; Filed by: Court

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  • 08/03/2021
  • DocketMinute Order (Hearing on Motion to Dismiss Plaintiff Alma Delia Jimenez Vil...)

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  • 08/03/2021
  • DocketHearing on Motion to Dismiss Plaintiff Alma Delia Jimenez Villegas' Complaint for Failure to Abide by the Court's 01/12/2021 Discovery Order Re: Responses to Defendant's Form Interrogatories and Demand for Production of Documents scheduled for 08/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/03/2021; Result Type to Held - Motion Granted

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  • 08/03/2021
  • DocketOn the Court's own motion, Jury Trial scheduled for 11/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 08/03/2021

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  • 08/02/2021
  • DocketUpdated -- Motion to Dismiss Plaintiff Alma Delia Jimenez Villegas' Complaint for Failure to Abide by the Court's 01/12/2021 Discovery Order Re: Responses to Defendant's Form Interrogatories and Demand for Production of Documents: Name Extension: blank; Exact Name: Motion to Dismiss Plaintiff Alma Delia Jimenez Villegas' Complaint for Failure to Abide by the Court's 01/12/2021 Discovery Order Re: Responses to Defendant's Form Interrogatories and Demand for Production of Documents; As To Parties changed from Alma Delia Jimenez Villegas (Plaintiff), Luis Rey Perez Tapia (Plaintiff) to Alma Delia Jimenez Villegas (Plaintiff)

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  • 08/02/2021
  • DocketUpdated -- Event scheduled for 08/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Type changed from Hearing on Motion for Terminating Sanctions to Hearing on Motion to Dismiss

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  • 08/02/2021
  • DocketUpdated -- Luis Rey Perez Tapia (DISMISSED 12/02/2020) (Plaintiff): Last Name changed from Perez Tapia to Perez Tapia (DISMISSED 12/02/2020)

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39 More Docket Entries
  • 03/12/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Vanessa Marie Ventura (Defendant)

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  • 02/13/2020
  • DocketProof of Personal Service; Filed by: Alma Delia Jimenez Villegas (Plaintiff); As to: Vanessa Marie Ventura (Defendant); Service Date: 02/09/2020; Service Cost: 50.00; Service Cost Waived: No

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  • 02/27/2019
  • DocketNon-Jury Trial scheduled for 08/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/27/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 02/25/2019
  • DocketComplaint; Filed by: Alma Delia Jimenez Villegas (Plaintiff); Luis Rey Perez Tapia (Plaintiff); As to: Vanessa Marie Ventura (Defendant)

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  • 02/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Alma Delia Jimenez Villegas (Plaintiff); Luis Rey Perez Tapia (Plaintiff); As to: Vanessa Marie Ventura (Defendant)

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  • 02/25/2019
  • DocketSummons on Complaint; Issued and Filed by: Alma Delia Jimenez Villegas (Plaintiff); Luis Rey Perez Tapia (Plaintiff); As to: Vanessa Marie Ventura (Defendant)

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  • 02/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 19STLC02027 Hearing Date: August 3, 2021 Dept: 26

Villegas v. Ventura, et al. 19STLC02027

MOTION FOR TERMINATING AND MONETARY SANCTIONS

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(CCP\r\n§ 2023.010)

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TENTATIVE RULING:

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Defendant Vanessa Marie Montano Ventura’s Motion for\r\nTerminating Sanctions is GRANTED. THE COURT HEREBY DISMISSES PLAINTIFF Alma Delia Jimenez Villegas’ COMPLAINT\r\nWITH PREJUDICE.

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DEFENDANT’S REQUEST FOR MONETARY SANCTIONS IS DENIED.

ANALYSIS:

Plaintiffs Alma\r\nDelia Jimenez Villegas (“Plaintiff”) and Luis Rey Perez Tapia filed the instant\r\naction for motor vehicle negligence against Defendant Vanessa Marie\r\nMontano Ventura (“Defendant”) on February 25, 2019. Tapia was dismissed from\r\nthe action on December 3, 2020.

On January 12, 2021, the Court granted Defendant’s motion to compel Plaintiff’s\r\nresponses to request for production of documents. (Minute Order, 01/12/21.) The\r\nCourt ordered Plaintiff to serve responses to the discovery and pay monetary\r\nsanctions within 20 days’ notice of the order. (Ibid.) Notice of the\r\nruling was served on Plaintiff on the same date. (Certificate of Mailing,\r\n01/12/21.)

Defendant\r\nfiled the instant Motion for Terminating and Monetary Sanctions on March 1,\r\n2021. To date, no opposition has been filed.

Discussion

Where a party willfully disobeys a discovery order, courts\r\nhave discretion to impose terminating, issue, evidence or monetary sanctions.\r\n(Code Civ. Proc., §§ 2023.010, subds. (d), (g); R.S. Creative, Inc. v.\r\nCreative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) The court should\r\nlook to the totality of the circumstances in determining whether terminating\r\nsanctions are appropriate. (Lang v. Hochman (2000) 77 Cal.App.4th 1225,\r\n1246.) Ultimate discovery sanctions are justified where there is a willful\r\ndiscovery order violation, a history of abuse, and evidence showing that less\r\nsevere sanctions would not produce compliance with discovery rules. (Van\r\nSickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as\r\nsevere as dismissal or default is not authorized where noncompliance with\r\ndiscovery is caused by an inability to comply rather than willfulness or bad\r\nfaith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) “The court\r\nmay impose a terminating sanction by one of the following orders:

(1) An\r\norder striking out the pleadings or parts of the pleadings of any party\r\nengaging in the misuse of the discovery process.

(2) An\r\norder staying further proceedings by that party until an order for discovery is\r\nobeyed.

(3) An\r\norder dismissing the action, or any part of the action, of that party.

(4) An\r\norder rendering a judgment by default against that party.”

(Code Civ. Proc., § 2023.030, subd. (d).)

The Court granted Defendant’s discovery motions on January\r\n12, 2021 and notice of the order was served on Plaintiff the same date. To\r\ndate, Plaintiff has not served responses in compliance with the Court’s January\r\n12, 2021 order, nor paid the monetary sanctions as ordered. (Motion, Faal\r\nDecl., ¶4.) The court finds that\r\nterminating sanctions are warranted for Plaintiff’s non-compliance. Despite\r\nnotice of the Court’s order, Plaintiff did not comply, which the Court finds to\r\nbe willful. Furthermore, although Plaintiff was properly served with the\r\ninstant Motion for Terminating and Monetary Sanctions, no opposition has been\r\nfiled.

Although terminating sanctions are a harsh penalty, the\r\nabove evidence demonstrates that Plaintiff’s compliance with the Court’s orders\r\ncannot be achieved through lesser sanctions. Indeed, it appears that Plaintiff\r\nhas no intention of complying with the Court’s orders or prosecuting the claims\r\nagainst Defendant. “The court [is] not required to allow a pattern of abuse to\r\ncontinue ad infinitum.” (Mileikowsky v. Tenet Healthsystem (2005) 128\r\nCal.App.4th 262, 280.)

Defendant’s request for monetary sanctions is denied.\r\nMonetary sanctions were previously awarded and remain unpaid. (Motion, Faal\r\nDecl., ¶4.) An additional award of monetary sanctions would be futile.

Conclusion

Defendant Vanessa Marie Montano Ventura’s Motion for\r\nTerminating Sanctions is GRANTED. THE COURT HEREBY DISMISSES PLAINTIFF Alma Delia Jimenez Villegas’ COMPLAINT\r\nWITH PREJUDICE.

DEFENDANT’S REQUEST FOR MONETARY SANCTIONS IS DENIED.

Moving party to give notice.

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Case Number: 19STLC02027    Hearing Date: March 30, 2021    Dept: 26

Villegas v. Ventura, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2023.010)

TENTATIVE RULING:

Defendant Vanessa Marie Montano Ventura’s Motion for Order Compelling Plaintiff to Respond to Form Interrogatories and Request For Sanctions is GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF PAY SANCTIONS OF $60.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiffs Alma Delia Jimenez Villegas (“Plaintiff”) and Luis Rey Perez Tapia filed the instant action for motor vehicle negligence against Defendant Vanessa Marie Montano Ventura (“Defendant”) on February 25, 2019. Tapia was dismissed from the action on December 3, 2020.

On May 11, 2020, Defendant served Form Interrogatories on Plaintiff. (Motion, Faal Decl. ¶2 and Exh. A.) To date, Defendant has not received any verified responses to the discovery requests from Plaintiff. (Id. at ¶¶3-5.) Defendant filed the instant Motion to Compel Discovery Responses on October 14, 2020. 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., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Due to Plaintiff’s failure to respond to the written discovery, the Motion is GRANTED as to Form Interrogatories, Set One. Plaintiff is ordered to serve verified responses without objections within twenty (20) days’ service of this Order.

Defendant’s failure to timely respond 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 under a lodestar calculation. The court previously granted sanctions in a virtually identical motion to Compel Production of Documents on January 12, 2021. Thus, Tte request for sanctions is granted against Defendant in the amount $60.00 in costs. (Motion, Faal Decl., ¶6.)

Conclusion

Defendant Vanessa Marie Montano Ventura’s Motion for Order Compelling Plaintiff to Respond to Form Interrogatories and Request For Sanctions is GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF PAY SANCTIONS OF $60.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice. 

Case Number: 19STLC02027    Hearing Date: January 13, 2021    Dept: 26

Villegas v. Ventura, et al.

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Vanessa Marie Ventura’s Motion to Compel Plaintiff’s Deposition and Request for Sanctions is DENIED.

ANALYSIS:

Plaintiffs Alma Delia Jimenez Villegas (“Plaintiff”) and Luis Rey Perez Tapia filed the instant action for motor vehicle negligence against Defendant Vanessa Marie Ventura (“Defendant”) on February 25, 2019. Tapia was dismissed from the action on December 3, 2020. Defendant filed the instant Motion to Compel Plaintiff’s Attendance at Deposition on December 7, 2020. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) 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 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).)

Discussion

The motion is not accompanied by a meet and confer declaration demonstrating that defense counsel reached out to Plaintiff’s counsel to resolve this discovery dispute without the Court’s intervention. Specifically, the declaration must state “that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (b)(2).) Rather, the supporting declaration merely states that following the Plaintiff’s failure to appear at her properly noticed deposition on November 4, 2020, Defendant filed the instant Motion. (Motion, Faal Decl., ¶¶2-5 and Exhs. A-D.) The Motion cannot be granted without moving party’s demonstration of an adequate meet and confer effort.

The Court further notes that the deposition notice includes a request for production of documents. (Id. at Exh. A, Exh. A.) However, the Motion fails to “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,” as required under the moving statute.

In light of Defendant’s failure to comply with the mandatory requirements for relief under Code of Civil Procedure section 2025.450, the Motion to Compel Plaintiff’s Deposition and Request for Sanctions is DENIED.

Court clerk to give notice.

Case Number: 19STLC02027    Hearing Date: January 12, 2021    Dept: 26

Villegas v. Ventura, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION AND SANCTIONS

(CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:

Defendant Vanessa Marie Ventura’s Motion for Order Compelling Plaintiff To Respond to Request for Production of Documents; Request For Sanctions is GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF PAY SANCTIONS OF $260.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiffs Alma Delia Jimenez Villegas (“Plaintiff”) and Luis Rey Perez Tapia filed the instant action for motor vehicle negligence against Defendant Vanessa Marie Ventura (“Defendant”) on February 25, 2019. Tapia was dismissed from the action on December 3, 2020.

On May 11, 2020, Defendant served Request for Production of Documents on Plaintiff. (Motion, Faal Decl. ¶2 and Exh. A.) To date, Defendant has not received any verified responses to the discovery requests from Plaintiff. (Id. at ¶¶3-5.) Defendant filed the instant Motion to Compel Discovery Responses on October 14, 2020. To date, no opposition has been filed.

Due to Plaintiff’s failure to respond to the written discovery, the Motion is GRANTED as to the Request for Production of Documents, Set One. Plaintiff is ordered to serve verified responses, without objections, to Request for Production of Documents, Set One within twenty (20) days’ service of this Order. (Code Civ. Proc., § 2031.300.)

The Court also finds that Plaintiff’s failure to respond is a misuse of the discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of this motions. Sanctions are appropriate in the amount of $260.00 based on one hour of attorney time billed at $20.00 per hour, plus a $60.00 filing fee. (Motions, Villegas Decl., ¶6.)

Therefore, Defendant Vanessa Marie Ventura’s Motion for Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions is GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF PAY SANCTIONS OF $260.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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