This case was last updated from Los Angeles County Superior Courts on 05/08/2021 at 01:18:03 (UTC).

ANDRE HARRIS, ET AL. VS ANTHONY GARCIA

Case Summary

On 05/08/2019 ANDRE HARRIS filed a Personal Injury - Motor Vehicle lawsuit against ANTHONY GARCIA. 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:

    *******4493

  • Filing Date:

    05/08/2019

  • 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

HUNTER MICHAEL JR

HARRIS ANDRE

Defendant

GARCIA ANTHONY

Attorney/Law Firm Details

Plaintiff Attorney

BEUGELMANS JACQUES

Defendant Attorney

LEE SPENCER

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Terminating Sanctions)

5/6/2021: Minute Order - Minute Order (Hearing on Motion for Terminating Sanctions)

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

2/26/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Notice of Change of Firm Name - Notice of Change of Firm Name

2/26/2021: Notice of Change of Firm Name - Notice of Change of Firm Name

Order (name extension) - Ex Parte Application ruling

3/10/2021: Order (name extension) - Ex Parte Application ruling

Demand for Jury Trial - Demand for Jury Trial

9/27/2019: Demand for Jury Trial - Demand for Jury Trial

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

1/8/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

7/2/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 07/02/2020

7/2/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 07/02/2020

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

7/2/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Proof of Service by Mail - Proof of Service by Mail

7/10/2020: Proof of Service by Mail - Proof of Service by Mail

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

8/6/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice of Ruling - Notice of Ruling

8/12/2020: Notice of Ruling - Notice of Ruling

Motion for Terminating Sanctions - Motion for Terminating Sanctions

10/20/2020: Motion for Terminating Sanctions - Motion for Terminating Sanctions

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/10/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

5/8/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/8/2019: First Amended Standing Order - First Amended Standing Order

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

5/8/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

21 More Documents Available

 

Docket Entries

  • 05/06/2021
  • DocketOn the Complaint filed by ANDRE HARRIS, et al. on 05/08/2019, entered Order for Dismissal with prejudice as to the entire action

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  • 05/06/2021
  • DocketMinute Order (Hearing on Motion for Terminating Sanctions)

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  • 05/06/2021
  • DocketHearing on Motion for Terminating Sanctions scheduled for 05/06/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/06/2021; Result Type to Held

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  • 04/02/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/11/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 09/27/2019

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  • 03/10/2021
  • DocketUpdated -- Ex Parte Application TO CONTINUE TRIAL DATE: Filed By: ANTHONY GARCIA (Defendant); Result: Granted; Result Date: 03/10/2021

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  • 03/10/2021
  • DocketEx Parte Application ruling; Signed and Filed by: Clerk; As to: ANDRE HARRIS (Plaintiff); MICHAEL HUNTER, JR (Plaintiff)

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  • 03/10/2021
  • DocketHearing on Ex Parte Application TO CONTINUE TRIAL DATE scheduled for 03/10/2021 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 03/10/2021; Result Type to Held

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  • 03/10/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 04/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 03/10/2021

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  • 03/10/2021
  • DocketMinute Order (Hearing on Ex Parte Application TO CONTINUE TRIAL DATE)

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  • 03/09/2021
  • DocketUpdated -- Ex Parte Application TO CONTINUE TRIAL DATE: Name Extension changed from NOTICE OF EX PARTE AND EX PARTE MOTION TO CONTINUE TRIAL DATE; DECLARATION OF ALLEN SPLOPUKO AND [PROPOSED] ORDER to TO CONTINUE TRIAL DATE; As To Parties changed from MICHAEL HUNTER, JR (Plaintiff), ANDRE HARRIS (Plaintiff) to ANDRE HARRIS (Plaintiff), MICHAEL HUNTER, JR (Plaintiff)

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47 More Docket Entries
  • 09/27/2019
  • DocketDemand for Jury Trial; Filed by: ANTHONY GARCIA (Defendant)

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  • 07/10/2019
  • DocketProof of Service by Substituted Service; Filed by: ANDRE HARRIS (Plaintiff); Proof of Mailing Date: 06/28/2019; Service Cost: 80.95; Service Cost Waived: No

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  • 05/09/2019
  • DocketNon-Jury Trial scheduled for 11/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 05/08/2019
  • DocketComplaint; Filed by: ANDRE HARRIS (Plaintiff); MICHAEL HUNTER, JR (Plaintiff); As to: ANTHONY GARCIA (Defendant)

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  • 05/08/2019
  • DocketSummons on Complaint; Issued and Filed by: ANDRE HARRIS (Plaintiff); MICHAEL HUNTER, JR (Plaintiff); As to: ANTHONY GARCIA (Defendant)

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  • 05/08/2019
  • DocketCivil Case Cover Sheet; Filed by: ANDRE HARRIS (Plaintiff); MICHAEL HUNTER, JR (Plaintiff); As to: ANTHONY GARCIA (Defendant)

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  • 05/08/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/08/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04493    Hearing Date: May 6, 2021    Dept: 26

MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS

(CCP § 2023.010)

TENTATIVE RULING:

Defendant Anthony Garcia’s Motion for Terminating Sanctions is GRANTED. THE COURT HEREBY DISMISSES PLAINTIFFS ANDRE HARRIS’ AND MICHAEL HUNTER, JR.’S COMPLAINT WITH PREJUDICE.

THE REQUEST FOR MONETARY SANCTIONS IS DENIED.

DEFENDANT IS TO FILE A PROPOSED JUDGMENT WITHIN 10 DAYS.

MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS

(CCP § 2023.010)

TENTATIVE RULING:

Defendant Anthony Garcia’s Motion for Terminating Sanctions is GRANTED. THE COURT HEREBY DISMISSES PLAINTIFFS ANDRE HARRIS’ AND MICHAEL HUNTER, JR.’S COMPLAINT WITH PREJUDICE.

THE REQUEST FOR MONETARY SANCTIONS IS DENIED.

DEFENDANT IS TO FILE A PROPOSED JUDGMENT WITHIN 10 DAYS.

Case Number: 19STLC04493    Hearing Date: August 06, 2020    Dept: 26

Harris, et al. v. Garcia, et al

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Anthony Garcia’s (1) Motion to Compel Responses to Form Interrogatories and Request for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production and Request for Monetary Sanctions are GRANTED as to Plaintiff Michael Hunter, Jr. PLAINTIFF HUNTER, JR. IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF HARRIS IS FURTHER ORDERED TO PAY SANCTIONS OF $125.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiffs Andre Harris and Michael Hunter, Jr. (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Anthony Garcia (“Defendant”) on May 8, 2019. On September 27, 2019, Defendant served Form Interrogatories and Request for Production of Documents on Plaintiffs. (Motions, Lee Decl. ¶2 and Exh. A.) To date, Defendant has not received any verified responses to the discovery requests from Plaintiffs. (Id. at ¶6.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories and Request for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production and Request for Monetary Sanctions on January 31, 2020.

At the initial hearing on July 2, 2020, the Court noted that Defendant needed to pay two additional filing fees with respect to the discovery Motions. The additional filing fees were paid on the same date. To date, no oppositions have been filed.

Discussion

The additional filing fees having been paid, the Court finds that the Motions are now granted as to Plaintiff Hunter, Jr. Plaintiff Hunter, Jr. is ordered to serve verified responses, without objections, to Defendant’s Form Interrogatories and Requests for Production within twenty (20) days from the date of Defendant serving a notice of this Order. (Code Civ. Proc., § 2030.290, 2031.300.) Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290. Given the simplicity of the Motions and the lack of opposition and reply, the Court finds that sanctions are appropriate in the amount of $125.00 based on one hour of attorney time billed at $120.00 per hour. (Motion, Lee Decl., ¶7.) The sanctions are to be paid within thirty (30) days from the date of Defendant serving notice of this Order.

Defendant Anthony Garcia’s (1) Motion to Compel Responses to Form Interrogatories and Request for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production and Request for Monetary Sanctions are GRANTED as to Plaintiff Michael Hunter, Jr. PLAINTIFF HUNTER, JR. IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF HARRIS IS FURTHER ORDERED TO PAY SANCTIONS OF $125.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC04493    Hearing Date: July 02, 2020    Dept: 26

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC Rule 3.1362)

TENTATIVE RULING:

Motions of Plaintiffs Michael J. Hunter, Jr. and Andre Harris’ Counsel, Jacques Beugelmans, Esq., to Withdraw as Counsel are GRANTED.

The order granting the Motions to Withdraw will take effect upon filing of proof of service of the corrected and signed orders on all parties.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Anthony Garcia’s Motions For Order Compelling Plaintiffs to Respond to Special Interrogatories and Request for Production of Documents; Request For Sanctions are GRANTED solely as to Plaintiff Andre Harris. PLAINTIFF HARRIS IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF HARRIS IS FURTHER ORDERED TO PAY SANCTIONS OF $125.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Defendant Anthony Garcia’s Motions For Order Compelling Plaintiffs to Respond to Special Interrogatories and Request for Production of Documents; Request For Sanctions as to Plaintiff Michael Hunter, Jr. are CONTINUED TO AUGUST 6, 2020 AT 09:30 AM.

ANALYSIS:

Plaintiffs Andre Harris and Michael Hunter, Jr. (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Anthony Garcia (“Defendant”) on May 8, 2019. On September 27, 2019, Defendant served Form Interrogatories and Request for Production of Documents on Plaintiffs. (Motions, Lee Decl. ¶2 and Exh. A.) To date, Defendant has not received any verified responses to the discovery requests from Plaintiffs. (Id. at ¶6.) Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories and Request for Monetary Sanctions; and (2) Motion to Compel Responses to Request for Production and Request for Monetary Sanctions on January 31, 2020. To date, no oppositions have been filed.

Discussion

The Court initially addresses the fact that Defendant seeks relief with respect to two sets of discovery under each Motion. Specifically, the Motion to Compel Responses to Form Interrogatories and Request for Monetary Sanctions seeks to compel responses and an award of sanctions from both Plaintiffs, who were each separately served Form Interrogatories. Similarly, the Motion to Compel Responses to Request for Production and Request for Monetary Sanctions seeks to compel responses and an award of sanctions from both Plaintiffs, who were each separately served Requests for Production. Yet for each Motion, Defendant only paid a single filing fee. Until Defendant pays two additional filing fees, the Court can only rule on the Motions as to one Plaintiff each.

The Court, therefore, finds that due to Plaintiff Harris’ failure to respond to the propounded discovery requests, the Motions are GRANTED solely as to him. Plaintiff Harris is ordered to serve verified responses, without objections, to Defendant’s Form Interrogatories and Requests for Production within twenty (20) days from the date of Defendant serving a notice of this Order. (Code Civ. Proc., § 2030.290, 2031.300.) Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290. Given the simplicity of the Motions and the lack of opposition and reply, the Court finds that sanctions are appropriate in the amount of $125.00 based on one hour of attorney time billed at $120.00 per hour. (Motion, Lee Decl., ¶7.) The sanctions are to be paid within thirty (30) days from the date of Defendant serving notice of this Order.

With respect to Plaintiff Michael Hunter, Jr., the Motions are CONTINUED TO AUGUST 6, 2020 AT 09:30 AM. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO PAY TWO ADDITIONAL FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR.

Moving party to give notice.

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