This case was last updated from Los Angeles County Superior Courts on 01/25/2021 at 16:26:27 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1935

  • Filing Date:

    02/28/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

LOPEZ ANTONIO

Defendants and Cross Plaintiffs

MA YA

HO ELI

HERNANDEZ ANTONIO

Defendants, Cross Defendants and Cross Plaintiffs

HO ELI

HERNANDEZ ANTONIO

Attorney/Law Firm Details

Plaintiff Attorney

NEWTON CARSON C.

Defendant, Cross Plaintiff and Cross Defendant Attorneys

BECK DWAYNE S

LANDRITH KEVIN S

 

Court Documents

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

Summons - Summons on Complaint

2/28/2020: 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

Civil Case Cover Sheet - Civil Case Cover Sheet

2/28/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

10 More Documents Available

 

Docket Entries

  • 03/03/2023
  • Hearing03/03/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 08/27/2021
  • Hearing08/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 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

    Read MoreRead Less
  • 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

    Read MoreRead Less
  • 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

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 09/30/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/19/2021 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/30/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/30/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/19/2021 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/29/2020
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: Antonio Hernandez (Defendant); As to: Antonio Lopez (Plaintiff)

    Read MoreRead Less
13 More Docket Entries
  • 05/11/2020
  • DocketProof of Personal Service; Filed by: Antonio Lopez (Plaintiff); As to: Eli Ho (Defendant); Service Date: 04/30/2020; Service Cost: 50.00; Service Cost Waived: No

    Read MoreRead Less
  • 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

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

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

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

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

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

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

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

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

    Read MoreRead Less

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.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer NEWTON CARSON C.