This case was last updated from Los Angeles County Superior Courts on 11/26/2021 at 05:47:43 (UTC).

ANGELA DELGADO, ET AL. VS ANTONIO HUERTA, ET AL.

Case Summary

On 05/09/2019 ANGELA DELGADO filed a Personal Injury - Other Personal Injury lawsuit against ANTONIO HUERTA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4569

  • Filing Date:

    05/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

DELGADO ANGELA

GONZALEZ MARIA

Defendants

ECOLOGY AUTO PARTS A BUSINESS ENTITY

HUERTA ANTONIO

Attorney/Law Firm Details

Plaintiff Attorney

TIFFANY WILLIAM W.

 

Court Documents

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

10/7/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Declaration (name extension) - Declaration OF WILLIAM W. TIFFANY IN SUPPORT OF PLAINTIFF'S OPOSSITION FOR SANCTIONS, EXHIBIT 1

10/4/2021: Declaration (name extension) - Declaration OF WILLIAM W. TIFFANY IN SUPPORT OF PLAINTIFF'S OPOSSITION FOR SANCTIONS, EXHIBIT 1

Declaration (name extension) - Declaration AND DECLARATION OF WILLIAM W. TIFFANY IN SUPPORT OF PLAINTIFF'S OPOSSITION FOR SANCTIONS, EXHIBIT 1

10/4/2021: Declaration (name extension) - Declaration AND DECLARATION OF WILLIAM W. TIFFANY IN SUPPORT OF PLAINTIFF'S OPOSSITION FOR SANCTIONS, EXHIBIT 1

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 10/05/2021

10/5/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 10/05/2021

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

10/5/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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

10/1/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

10/1/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

7/23/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

7/23/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

7/23/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

7/23/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Stipulation and Order (name extension) - Stipulation and Order PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)]

4/27/2021: Stipulation and Order (name extension) - Stipulation and Order PROPOSED ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)]

Stipulation and Order (name extension) - Stipulation and Order [P ROPOSED] ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTIONDISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRIC

5/12/2021: Stipulation and Order (name extension) - Stipulation and Order [P ROPOSED] ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTIONDISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRIC

Stipulation and Order (name extension) - Stipulation and Order to File Second Amended Complaint and Proposed Order

3/5/2021: Stipulation and Order (name extension) - Stipulation and Order to File Second Amended Complaint and Proposed Order

Summons - Summons on Complaint

4/10/2020: Summons - Summons on Complaint

Amended Complaint - Amended Complaint

4/10/2020: Amended Complaint - Amended Complaint

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

5/11/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

6/22/2020: Proof of Personal Service - Proof of Personal Service

15 More Documents Available

 

Docket Entries

  • 01/05/2022
  • Hearing01/05/2022 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 10/07/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 01/05/2022 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 10/07/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 10/07/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 10/07/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/07/2021; Result Type to Held

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  • 10/07/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 10/07/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/07/2021; Result Type to Held

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  • 10/07/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 11/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 10/07/2021

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  • 10/07/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 11/08/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 10/07/2021

    Read MoreRead Less
  • 10/07/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 11/08/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 10/07/2021

    Read MoreRead Less
  • 10/07/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 11/10/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 10/07/2021

    Read MoreRead Less
  • 10/07/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 12/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 10/07/2021

    Read MoreRead Less
34 More Docket Entries
  • 04/10/2020
  • DocketSummons on Complaint; Issued and Filed by: Angela Delgado (Plaintiff); Maria Gonzalez (Plaintiff); As to: Antonio Huerta (Defendant); Ecology Auto Parts, a business entity (Defendant)

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  • 04/10/2020
  • DocketAmended Complaint; Filed by: Angela Delgado (Plaintiff); Maria Gonzalez (Plaintiff); As to: Antonio Huerta (Defendant); Ecology Auto Parts, a business entity (Defendant)

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  • 05/10/2019
  • DocketNon-Jury Trial scheduled for 11/05/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/10/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/12/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/10/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/09/2019
  • DocketComplaint; Filed by: Angela Delgado (Plaintiff); Maria Gonzalez (Plaintiff); As to: Antonio Huerta (Defendant); Ecology Auto Parts, a business entity (Defendant)

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  • 05/09/2019
  • DocketCivil Case Cover Sheet; Filed by: Angela Delgado (Plaintiff); Maria Gonzalez (Plaintiff); As to: Antonio Huerta (Defendant)

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  • 05/09/2019
  • DocketSummons on Complaint; Issued and Filed by: Angela Delgado (Plaintiff); As to: Antonio Huerta (Defendant)

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  • 05/09/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/09/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 19STLC04569 Hearing Date: October 7, 2021 Dept: 25

PROCEEDINGS: (1)\r\nMOTION FOR AN ORDER COMPELLING PLAINTIFF MARIA GONZALEZ TO PROVIDE RESPONSES TO\r\nSUPPLEMENTAL INTERROGATORY AND REQUEST FOR SANCTIONS

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(2)\r\nMOTION FOR AN ORDER COMPELLING PLAINTIFF MARIA GONZALEZ TO PROVIDE RESPONSES TO\r\nSUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR MONETARY SANCTIONS

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MOVING PARTY: Defendants\r\nAntonio Huerta and Ecology Auto Parts, Inc.

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RESP. PARTY: Plaintiff Maria Gonzalez

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MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL INTERROGATORIES AND SUPPLEMENTAL\r\nREQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

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(CCP §§ 2030.070; 2030.290; 2031.050; 2031.300)

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TENTATIVE RULING:

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Defendants’ (1) Motion for an Order\r\nCompelling Plaintiff Maria Gonzalez to Provide Responses to Supplemental\r\nInterrogatory and (2) Motion for an Order Compelling Plaintiff Maria Gonzalez\r\nto Provide Responses to Supplemental Request for Production of Documents are DENIED\r\nAS MOOT. Defendants’ requests for sanctions are also DENIED.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: Filed on October 4, 2021 [X] Late [ ]\r\nNone

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REPLY: None filed as\r\nof October 5, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On May 9, 2019, Plaintiffs Angela Delgado (“Delgado”) and\r\nMaria Gonzalez (“Gonzalez”) filed an action against Defendants Antonio Huerta\r\n(“Huerta”) and Ecology Auto Parts (“Ecology”) (collectively, “Defendants”).\r\nPlaintiffs filed a First Amended Complaint on April 10, 2020.

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Defendants filed a motion to strike portions of\r\nPlaintiffs’ FAC on July 31, 2020, but that motion was never heard.

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On March 5, 2021, the parties filed a Stipulation to File\r\na Second Amended Complaint (the “Stipulation.”) The Honorable James E.\r\nBlancarte signed an order pursuant to the Stipulation that same day granting\r\nPlaintiffs leave to file a Second Amended Complaint no later than 30 days after\r\nthe order. (3/5/21 Order.) Plaintiffs did not file a second amended complaint.

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On July 23, 2021, Defendants filed the instant (1) Motion\r\nfor an Order Compelling Plaintiff Maria Gonzalez to Provide Responses to\r\nSupplemental Interrogatories and Request for Monetary Sanctions and (2) Motion\r\nfor an Order Compelling Plaintiff Maria Gonzalez to Provide Responses to the Supplemental\r\nRequest for Production of Documents and Request for Monetary Sanctions\r\n(collectively, the “Motions”).

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Plaintiff Gonzalez’s counsel filed two tardy declarations\r\non October 4 in opposition to the Motions, which the Court has considered. The\r\ndeclarations were served on Defendants’ counsel via email and regular mail that\r\nsame day. (10/4/21 Tiffany Decls., Proof of Service.)

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II. \r\nLegal\r\nStandard & Discussion

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A. Request for Production & Interrogatories

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A party must respond to interrogatories and requests for\r\nproduction of documents within 30 days after service. (Code Civ. Proc., §\r\n2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to\r\nwhom interrogatories or requests for production of documents are directed does\r\nnot provide timely responses, the requesting party may move for an order\r\ncompelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b);\r\nCode Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to\r\nmake any objections, including one based on privilege or work-product\r\nprotection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., §\r\n2031.300, subd. (a).)

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In addition to initial requests for production and\r\ninterrogatories, a party may propound a supplemental interrogatory and\r\nsupplemental demand for production of any later acquired or discovered\r\ninformation or documents, tangible things, land or other property, or\r\nelectronically stored information in the possession, custody, or control of the\r\nresponding party. (Code Civ. Proc., §§ 2030.070, subd. (a); 2031.050, subd.\r\n(a).)

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There is no time limit for a motion to compel responses\r\nto interrogatories or production of documents other than the cut-off on hearing\r\ndiscovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd.\r\n(a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are\r\nrequired before filing a motion to compel responses to the discovery. (Code\r\nCiv. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants\r\n(2007) 148 Cal.App.4th 390, 411.)

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Here, Defendants served Plaintiff Gonzalez with a\r\nSupplemental Interrogatory and a Supplemental Demand for Production of\r\nDocuments on March 29, 2021 via email. (Motions, Reid Decl., ¶¶ 3, Exhs. 1.)\r\nDefendants sent Plaintiff Gonzalez’s counsel a letter regarding the overdue\r\nresponses on June 24, 2021. (Id. at ¶¶ 4, Exh. 2.) As of the date these\r\nMotions were filed, no responses had been served. (Id. at ¶¶ 5.)

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In two tardy declarations, Plaintiff Gonzalez’s counsel\r\nexplains that, when his office received a copy of these Motions, they began\r\npreparing responses but could not locate the original supplemental discovery\r\nrequests. (10/4/21 Tiffany Decls., ¶¶ 4-5.) Shortly thereafter, Plaintiffs’\r\ncounsel’s receptionist/assistant, Carla Gutierrez (“Gutierrez”) left her\r\nposition and, after several days, counsel found the missing original discovery\r\nrequests and a meet and confer letter from Defendants’ counsel dated June 24 in\r\nGutierrez’s “To Be Filed Folder.” (Id. at ¶¶ 6-7.) These documents were\r\napparently placed in that folder by inadvertence or mistake. (Id.) Further,\r\nGutierrez failed to advise the paralegal in charge of this action that supplemental\r\ndiscovery requests and meet and confer letter had been received. (Id. at\r\n¶¶ 7-8.)

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Plaintiff Gonzalez’s counsel also provides evidence that,\r\non August 17, he mailed verified responses to the subject discovery. (Id.\r\nat ¶¶ 9, Exhs. 1.) On August 20, Plaintiffs’ counsel emailed the discovery to Defendants’\r\ncounsel and provides evidence that Defendant’s counsel Edward Reid responded to\r\nthe email confirming receipt. (Id.)

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Thus, Defendants’ requests to compel a response to the\r\nSupplemental Interrogatory and Supplemental Request for Production of Documents\r\nis MOOT.

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B. Sanctions

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Code of Civil Procedure section 2023.030, subdivision (a)\r\nprovides, in pertinent part, that the court may impose a monetary sanction on a\r\nparty engaging in the misuse of the discovery process to pay the reasonable\r\nexpenses, including attorney’s fees, incurred by anyone as a result of that\r\nconduct. A misuse of the discovery process includes failing to respond or\r\nsubmit to an authorized method of discovery. (Code Civ. Proc., § 2023.010,\r\nsubd. (d).) The Court may award sanctions under the Discovery Act even after\r\nthe requested discovery is served if discovery motions are filed before\r\nresponses were served. (Cal. Rules of Court, rule 3.1348, subd. (a).)

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As discussed above, Plaintiff Gonzalez’s counsel explains\r\nthe failure to timely respond to the discovery was not deliberate, but rather a\r\nresult of Plaintiffs’ counsel’s former assistant’s failure to properly notify\r\nthe paralegal in charge that discovery requests and a meet and confer\r\ncorrespondence had been received. Thus, the Court finds the imposition of sanctions\r\nin this case would be unjust.

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendants’\r\n(1) Motion for an Order Compelling Plaintiff Maria Gonzalez to Provide Responses\r\nto Supplemental Interrogatory and (2) Motion for an Order Compelling Plaintiff\r\nMaria Gonzalez to Provide Responses to Supplemental Request for Production of\r\nDocuments are DENIED AS MOOT. Defendants’ requests for sanctions are also\r\nDENIED.

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Moving party is ordered to give\r\nnotice.

'b'

Case Number: 19STLC04569 Hearing Date: October 5, 2021 Dept: 25

PROCEEDINGS: (1) MOTION BY DEFENDANTS FOR AN ORDER COMPELLING PLAINTIFF ANGELA DELGADO TO PROVIDE RESPONSES TO SUPPLEMENTAL INTERROGATORY AND REQUEST FOR SANCTIONS

(2) MOTION BY DEFENDANTS FOR AN ORDER COMPELLING PLAINTIFF ANGELA DELGADO TO PROVIDE RESPONSES TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR MONETARY SANCTIONS

MOVING PARTY: Defendants Antonio Huerta and Ecology Auto Parts, Inc.

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL INTERROGATORIES AND SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.070; 2030.290; 2031.050; 2031.300)

TENTATIVE RULING:

Defendants Antonio Huerta and Ecology\nAuto Parts, Inc.’s (1) Motion by Defendant for an Order Compelling Plaintiff\nAngela Delgado to Provide Responses to Supplemental Interrogatory and (2)\nMotion by Defendants for an Order Compelling Plaintiff Angela Delgado to\nProvide Responses to Supplemental Request for Production of Documents are\nCONTINUED TO NOVEMBER 8, 2021 at 10:00 a.m. in Department 25 at the SPRING\nSTREET COURTHOUSE. Reply briefs, if any, must be filed and served at least five\n(5) court days before the next scheduled hearing.

SERVICE: \n

[X]\nProof of Service Timely Filed (CRC, rule 3.1300) OK

[X]\nCorrect Address (CCP §§ 1013, 1013a) OK

[X]\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October\n1, 2021 [ ] Late [X]\nNone

REPLY: Received on October\n4, 2021 [X] Late [ ]\nNone

ANALYSIS:

I. \nBackground\n& Discussion

On May 9, 2019, Plaintiffs Angela Delgado (“Delgado”) and\nMaria Gonzalez (“Gonzalez”) filed an action against Defendants Antonio Huerta\n(“Huerta”) and Ecology Auto Parts (“Ecology”) (collectively, “Defendants”).\nPlaintiffs filed a First Amended Complaint (“FAC”) on April 10, 2020.

Defendants filed a motion to strike portions of the FAC\non July 31, 2020, but that motion was never heard.

On March 5, 2021, the parties filed a Stipulation to File\nSecond Amended Complaint (the “Stipulation.”) The Honorable James E. Blancarte\nsigned an order pursuant to the Stipulation on March 5, 2021 granting Plaintiffs\nleave to file a Second Amended Complaint no later than 30 days after the order.\n(3/5/21 Order.) Plaintiffs did not file a second amended complaint.

On July 23, 2021, Defendants filed the instant (1) Motion\nby Defendants for an Order Compelling Plaintiff Angela Delgado to Provide\nResponses to Supplemental Interrogatories and Request for Monetary Sanctions\nand (2) Motion by Defendants for an Order Compelling Plaintiff Angela Delgado\nto Provide Responses to Supplemental Request for Production of Documents and\nRequest for Monetary Sanctions (collectively, the “Motions”).

To date, Defendants have not filed an answer.

Plaintiff Delgado delivered courtesy copies of a tardy\ndeclaration in opposition to the Motions the morning of October 4. The tardy\ndeclaration was served on Defendants’ counsel via regular mail and email on\nOctober 4. (10/4/21 Tiffany Decl., Proof of Service.)

Because this declaration has not yet been properly filed\nand because it was and served only one day before the hearing, Defendants\nshould be given an opportunity to respond. Accordingly, the Motions are\nCONTINUED.

II. \nConclusion\n& Order

For the foregoing reasons, Defendants\nAntonio Huerta and Ecology Auto Parts, Inc.’s (1) Motion by Defendant for an\nOrder Compelling Plaintiff Angela Delgado to Provide Responses to Supplemental\nInterrogatory and (2) Motion by Defendants for an Order Compelling Plaintiff\nAngela Delgado to Provide Responses to Supplemental Request for Production of\nDocuments are CONTINUED TO NOVEMBER 8, 2021 at 10:00 a.m. in Department 25 at\nthe SPRING STREET COURTHOUSE. Reply briefs, if any, must be filed and served at\nleast five (5) court days before the next scheduled hearing.

\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n

Moving parties are ordered to give\nnotice.

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