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This case was last updated from Los Angeles County Superior Courts on 03/24/2021 at 00:20:12 (UTC).

ARCADIA 210 SELF STORAGE VS THOMAS PHILIPSEN

Case Summary

On 05/11/2020 ARCADIA 210 SELF STORAGE filed a Contract - Other Contract lawsuit against THOMAS PHILIPSEN. 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:

    *******3999

  • Filing Date:

    05/11/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ARCADIA 210 SELF STORAGE

Defendant

PHILIPSEN THOMAS AKA THOMAS LEONARDUS PHILIPSEN

Attorney/Law Firm Details

Plaintiff Attorney

FICHTER VIN ALAN

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

3/22/2021: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

10/8/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

10/8/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

General Denial - General Denial

6/22/2020: General Denial - General Denial

Proof of Service by Mail - Proof of Service by Mail

5/12/2020: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Complaint

5/11/2020: Summons - Summons on Complaint

Complaint - Complaint

5/11/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/11/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/11/2020: First Amended Standing Order - First Amended Standing Order

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

5/11/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 05/15/2023
  • Hearing05/15/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/08/2021
  • Hearing11/08/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/22/2021
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

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  • 03/22/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 03/22/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/22/2021; Result Type to Held - Motion Denied

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  • 03/22/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 03/22/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/22/2021; Result Type to Held - Motion Denied

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  • 10/08/2020
  • DocketMotion to Compel Further Discovery Responses; Filed by: Arcadia 210 Self Storage (Plaintiff); As to: Thomas Philipsen (Defendant)

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  • 10/08/2020
  • DocketUpdated -- Motion to Compel Further Discovery Responses: As To Parties changed from Thomas Philipsen (Defendant) to Thomas Philipsen (Defendant)

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  • 10/08/2020
  • DocketMotion to Compel Further Discovery Responses; Filed by: Arcadia 210 Self Storage (Plaintiff); As to: Thomas Philipsen (Defendant)

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  • 10/08/2020
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 03/22/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 10/08/2020
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 03/22/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 06/22/2020
  • DocketGeneral Denial; Filed by: Thomas Philipsen (Defendant)

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  • 05/12/2020
  • DocketProof of Service by Mail; Filed by: Arcadia 210 Self Storage (Plaintiff); As to: Thomas Philipsen (Defendant)

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  • 05/11/2020
  • DocketComplaint; Filed by: Arcadia 210 Self Storage (Plaintiff); As to: Thomas Philipsen (Defendant)

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  • 05/11/2020
  • DocketCivil Case Cover Sheet; Filed by: Arcadia 210 Self Storage (Plaintiff); As to: Thomas Philipsen (Defendant)

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  • 05/11/2020
  • DocketSummons on Complaint; Issued and Filed by: Arcadia 210 Self Storage (Plaintiff); As to: Thomas Philipsen (Defendant)

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  • 05/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/11/2020
  • DocketNon-Jury Trial scheduled for 11/08/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/11/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/15/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03999    Hearing Date: March 22, 2021    Dept: 25

HEARING DATE:   Mon., March 22, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME Arcadia 210 Self Storage v. Philipsen COMP. FILED: 05-11-20

CASE NUMBER: 20STLC03999 DISC. C/O: 10-09-21

NOTICE:   OK MOTION C/O: 10-24-21

TRIAL DATE: 11-08-21

PROCEEDINGS    (1) MOTION FOR ORDER COMPELLING DEFENDANT TO FURTHER ANSWER PLAINTIFF’S FIRST SET OF SPECIALLY DRAFTED INTERROGATORIES AND FOR SANCTIONS

(2) MOTION FOR ORDER COMPELLING DEFENDANT TO FURTHER ANSWER PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION AND FOR SANCTIONS

MOVING PARTY:   Plaintiff Arcadia 210 Self Storage

RESP. PARTY: None

MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND TO REQUESTS FOR ADMISSION; REQUEST FOR SANCTIONS

(CCP §§ 2030.300; 2033.290)

TENTATIVE RULING:

Plaintiff Arcadia 210 Self Storage’s (1) Motion for Order Compelling Defendant to Further Answer Plaintiff’s First Set of Specially Drafted Interrogatories and (2) Motion for Order Compelling Defendant to Further Answer Plaintiff’s First Set of Requests for Admission are DENIED.

SERVICE

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

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

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 18, 2021 [   ] Late [X] None

REPLY: None filed as of March 18, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

On May 11, 2020, Plaintiff Arcadia 210 Self Storage (“Plaintiff”) filed a Complaint to foreclose liens and for money damages against Defendant Thomas Philipsen aka Thomas Leonardus Philipsen (“Defendant”). Defendant filed an Answer, in pro per, on June 22, 2020.

Plaintiff filed the instant (1) Motion for Order Compelling Defendant to Further Answer Plaintiff’s First Set of Specially Drafted Interrogatories and for Sanctions (the “Interrogatories Motion”) and (2) Motion for Order Compelling Defendant to Further Answer Plaintiff’s First Set of Requests for Admission for Sanctions (the “RFA Motion”). No oppositions have been filed.

  1. Legal Standard

Code of Civil Procedure section 2030.300 provides that “[o]n receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that . . .”[a]n answer to a particular interrogatory is evasive or incomplete.”  (Code Civ. Proc., § 2030.300, subd. (a).)

In addition, Code of Civil Procedure section 2033.290, subdivision (a), provides that “[o]n receipt of a response to requests for admissions, the party requesting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: (1) [a]n answer to a particular request is evasive or incomplete [or] (2) [a]n objection to a particular request is without merit or too general.”

Notice of the motions must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); Code Civ. Proc., § 2033.290, subd. (c).) (Emphasis added.) The motions must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b); Code Civ. Proc., § 2033.290, subd. (b).)  

Finally, Cal. Rules of Court, Rule 3.1345 requires that all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a)(3)). However, in lieu of a separate statement, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute. (Code Civ. Proc., 2031.310, subd. (b)(3); Code Civ. Proc., 2033.290, subd. (b)(2).)

  1. Discussion

 Plaintiff’s Motions are accompanied by a meet and confer declaration. Plaintiff seeks further responses to Plaintiff’s Special Interrogatories, Set One, and Requests for Admission, Set One, on the grounds that the responses provided are evasive and/or incomplete. (Interrogatories Mot., p. 2; RFA Mot., p. 2.)

As noted above, a notice of motion to compel a further response must be given within 45 days of service of the verified response. (Code Civ. Proc., § 2030.300, subd. (c); Code Civ. Proc., § 2033.290, subd. (c).) (Emphasis added.)

Here, Defendant’s responses to the Special Interrogatories include the following statement: “I declare under penalty of perjury under the laws of the State of California that the foregoing questions are true and correct.” (Interrogatories Mot., Fichter Decl., ¶ 7, Exh. 7.) (Italics added.) Similarly, the responses to the Requests for Admission, Set One, state: “I declare under penalty of perjury under the laws of the State of California that the foregoing questions are true and correct.” (RFA Mot., Fichter Decl., ¶ 7, Exh. 7.) (Italics added.) These are not proper verifications because Defendant’s statement does not verify his answers. Unverified responses are tantamount to no responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635-36.) Plaintiff’s counsel sent Defendant an email regarding the deficiencies in Defendant’s responses, including the failure to properly verify them on September 22, 2020. (Interrogatories Mot., Fichter Decl., ¶ 10, Exh. 10; RFA Mot., Fichter Decl., ¶ 10, Exh. 10.) Plaintiff’s counsel did not receive a response to that email from Defendant. (Id.)

Because Defendant’s initial responses are not properly verified, they are tantamount to no responses at all. As such, Plaintiff must move to compel initial responses to the Special Interrogatories and to deem admitted the Requests for Admission, not to compel further responses as it has done here.

Thus, Plaintiff’s Motions are DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Arcadia 210 Self Storage’s (1) Motion for Order Compelling Defendant to Further Answer Plaintiff’s First Set of Specially Drafted Interrogatories and (2) Motion for Order Compelling Defendant to Further Answer Plaintiff’s First Set of Requests for Admission are DENIED.

Moving party is ordered to give notice.

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