This case was last updated from Los Angeles County Superior Courts on 07/24/2021 at 06:38:16 (UTC).

ANTONIO LOPEZ VS ELI HO, ET AL.

Case Summary

On 02/28/2020 ANTONIO LOPEZ filed a Personal Injury - Motor Vehicle lawsuit against ELI HO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1935

  • Filing Date:

    02/28/2020

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

LOPEZ ANTONIO

Cross Plaintiffs, Defendants and Cross Defendants

MA YA

HO ELI

HERNANDEZ ANTONIO

Attorney/Law Firm Details

Plaintiff Attorney

NEWTON CARSON C.

Cross Plaintiff, Defendant and Cross Defendant Attorneys

LANDRITH KEVIN S

BECK DWAYNE S

 

Court Documents

Request for Dismissal - Request for Dismissal

6/28/2021: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

4/15/2021: Request for Dismissal - Request for Dismissal

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

9/29/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

9/29/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

9/29/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Request for Refund / Order - Request for Refund / Order

5/26/2020: Request for Refund / Order - Request for Refund / Order

Answer - Answer

8/11/2020: Answer - Answer

Summons - Summons on Complaint

7/30/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

7/30/2020: Cross-Complaint - Cross-Complaint

Demand for Jury Trial - Demand for Jury Trial

7/30/2020: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

7/30/2020: Answer - Answer

Notice of Related Case - Notice of Related Case

7/30/2020: Notice of Related Case - Notice of Related Case

Proof of Personal Service - Proof of Personal Service

5/11/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

5/11/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

5/19/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

2/28/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

2/28/2020: Complaint - Complaint

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

2/28/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 06/30/2021
  • DocketNon-Jury Trial scheduled for 08/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/30/2021

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  • 06/30/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/30/2021

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  • 06/28/2021
  • DocketOn the Cross-Complaint filed by Ya Ma, et al. on 05/19/2020, entered Request for Dismissal with prejudice filed by Ya Ma and Eli Ho as to Antonio Hernandez

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  • 04/21/2021
  • DocketAddress for Kevin S Landrith (Attorney) null

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  • 04/15/2021
  • DocketOn the Complaint filed by Antonio Lopez on 02/28/2020, entered Request for Dismissal with prejudice filed by Antonio Lopez as to Eli Ho, Ya Ma, and Antonio Hernandez

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  • 04/15/2021
  • DocketOn the Cross-Complaint filed by Antonio Hernandez on 07/30/2020, entered Request for Dismissal with prejudice filed by Antonio Hernandez as to Eli Ho

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  • 12/23/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/19/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 12/23/2020

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  • 12/23/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/19/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 12/23/2020

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  • 12/23/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 12/23/2020

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  • 09/30/2020
  • DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: As To Parties changed from Antonio Lopez (Plaintiff) to Antonio Lopez (Plaintiff)

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17 More Docket Entries
  • 05/11/2020
  • DocketProof of Personal Service; Filed by: Antonio Lopez (Plaintiff); As to: Ya Ma (Defendant); Service Date: 04/30/2020; Service Cost: 25.00; Service Cost Waived: No

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  • 03/02/2020
  • DocketNon-Jury Trial scheduled for 08/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/02/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/03/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/02/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/28/2020
  • DocketComplaint; Filed by: Antonio Lopez (Plaintiff); As to: Eli Ho (Defendant); Ya Ma (Defendant); Antonio Hernandez (Defendant)

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  • 02/28/2020
  • DocketSummons on Complaint; Issued and Filed by: Antonio Lopez (Plaintiff); As to: Eli Ho (Defendant); Ya Ma (Defendant); Antonio Hernandez (Defendant)

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  • 02/28/2020
  • DocketCivil Case Cover Sheet; Filed by: Antonio Lopez (Plaintiff); As to: Eli Ho (Defendant); Ya Ma (Defendant); Antonio Hernandez (Defendant)

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  • 02/28/2020
  • DocketCivil Case Cover Sheet; Filed by: Antonio Lopez (Plaintiff); As to: Eli Ho (Defendant); Ya Ma (Defendant); Antonio Hernandez (Defendant)

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  • 02/28/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/28/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01935    Hearing Date: January 19, 2021    Dept: 26

Lopez v. Ho, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Antonio Hernandez’s (1) Motion Compelling Plaintiff Antonio Lopez’s to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Antonio Lopez to Respond to Form Interrogatories, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $763.20 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Antonio Hernandez (“Defendant Hernandez”) propounded Form Interrogatories, Set One and Special Interrogatories, Set One, on Plaintiff Antonio Lopez (“Plaintiff”) on July 30, 2020. (Motion, Beck Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant Hernandez extended the deadline to serve verified responses. (Id. at Exh. B.) Following no response from Plaintiff after the last deadline, Defendant Hernandez filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Compel Responses to Form Interrogatories, Set One and Request for Sanctions on September 29, 2020. To date, no opposition has been filed.

Discussion

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.) Based on Plaintiff’s failure to respond to the propounded discovery, Defendant Hernandez is entitled to an order compelling Plaintiff to serve verified responses to the form and special interrogatories without objections.

Plaintiff’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. Therefore, the request for sanctions is granted against Plaintiff and counsel of record in the amount of $763.20 based on four hours of attorney time billed at $160.00 an hour and $123.20 in costs. (Motion, Beck Decl., ¶3.)

Conclusion

Defendant Antonio Hernandez’s (1) Motion Compelling Plaintiff Antonio Lopez’s to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Antonio Lopez’s to Respond to Form Interrogatories, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $763.20 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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