This case was last updated from Los Angeles County Superior Courts on 11/28/2021 at 12:12:08 (UTC).

ASHLEY PRINCE, ET AL. VS PACIFIC FERTILITY CENTER, INC.

Case Summary

On 12/31/2018 ASHLEY PRINCE filed a Personal Injury - Medical Malpractice lawsuit against PACIFIC FERTILITY CENTER, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5279

  • Filing Date:

    12/31/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Medical Malpractice

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs

PRINCE ASHLEY

Los Angeles, CA 90064

PRINCE DAVID

Los Angeles, CA 90064

Defendant

PACIFIC FERTILITY CENTER INC.

Attorney/Law Firm Details

Defendant Attorney

VAZQUEZ ANDREA DAWN

 

Court Documents

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

10/6/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

10/7/2021: 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

10/7/2021: 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

10/7/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Ruling - Notice of Ruling

9/20/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Order to Show Cause Re: Defendant's Failure to File an Answer)

9/20/2021: Minute Order - Minute Order (Order to Show Cause Re: Defendant's Failure to File an Answer)

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

8/26/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/26/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

7/27/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

Answer - Answer UNVERIFIED FIRST AMENDED COMPLAINT

7/27/2021: Answer - Answer UNVERIFIED FIRST AMENDED COMPLAINT

Amended Complaint - (Amended)

6/28/2021: Amended Complaint - (Amended)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

6/28/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

6/28/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Declaration (name extension) - Judicial Bench officer orders

7/13/2021: Declaration (name extension) - Judicial Bench officer orders

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/13/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

7/13/2021: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)

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

7/14/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

7/14/2021: Proof of Personal Service - Proof of Personal Service

33 More Documents Available

 

Docket Entries

  • 03/15/2022
  • Hearing03/15/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/10/2022
  • Hearing02/10/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Summary Judgment

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  • 01/19/2022
  • Hearing01/19/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 01/18/2022
  • Hearing01/18/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 01/18/2022
  • Hearing01/18/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 01/03/2022
  • Hearing01/03/2022 at 10:30 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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  • 11/24/2021
  • DocketUpdated -- Separate Statement T OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT: Name Extension: T OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; As To Parties: removed

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  • 11/24/2021
  • DocketUpdated -- Motion for Summary Judgment OF DEFENDANT PACIFIC FERTILITY CENTERS, INC.: Name Extension: OF DEFENDANT PACIFIC FERTILITY CENTERS, INC. As To Parties changed from Pacific Fertility Center, Inc. (Defendant) to Pacific Fertility Center, Inc. (Defendant)

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  • 11/24/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 02/10/2022 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 11/23/2021
  • DocketMotion for Summary Judgment; Filed by: Pacific Fertility Center, Inc. (Defendant); As to: Pacific Fertility Center, Inc. (Defendant)

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72 More Docket Entries
  • 12/31/2018
  • DocketNon-Jury Trial scheduled for 06/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/31/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/31/2018
  • DocketRequest to Waive Court Fees; Filed by: Ashley Prince (Plaintiff)

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  • 12/31/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Ashley Prince (Plaintiff)

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  • 12/31/2018
  • DocketRequest to Waive Court Fees; Filed by: David Prince (Plaintiff)

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  • 12/31/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: David Prince (Plaintiff)

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  • 12/31/2018
  • DocketCivil Case Cover Sheet; Filed by: Ashley Prince (Plaintiff); David Prince (Plaintiff)

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  • 12/31/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/31/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/31/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 18STLC15279 Hearing Date: November 3, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO COMPEL PLAINTIFFS’ RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET\r\nONE, AND REQUEST FOR SANCTIONS

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MOVING PARTY: Defendant\r\nPacific Fertility Center, Inc.

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RESP. PARTY: None

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

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(CCP §2031.300)

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TENTATIVE RULING:

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Defendant Pacific Fertility Center,\r\nInc.’s Motion to Compel Plaintiffs’ Responses to Request for Production of\r\nDocuments, Set One, and Request for Sanctions is 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: None filed as of November\r\n1, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof November 1, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On December 31, 2018, self-represented Plaintiffs Ashley\r\nPrince (“Ashley”) and David Prince (“David”) filed an action against Defendant\r\nPacific Fertility Center, Inc. (“Defendant”). Plaintiffs filed a First Amended\r\nComplaint (the “FAC”) on June 28, 2021. Defendant filed an Answer on July 27.

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Defendant filed the instant Motion to Compel Plaintiffs’\r\nResponses to Request for Production of Documents, Set One, and Request for\r\nSanctions (the “Motion”) on October 7. No opposition was filed.

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

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As an initial matter, the Court notes that Defendant\r\nfiled a single motion and paid only one filing fee for what should have been\r\ntwo separate motions. Combining\r\ndiscovery motions allows the moving party to avoid paying the requisite filing\r\nfees. Filing fees are jurisdictional and it is mandatory for court clerks to\r\ndemand and receive them. (See\r\nDuran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Filing\r\ncombined motions is also improper because it allows the moving party to avoid daily\r\nlimits set for the Department’s law and motion calendar.

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In addition, both the Motion and\r\nthe discovery which Defendant seeks to compel were served only via email.\r\n(Mot., Vazquez Decl., ¶ 2, Exh. A, Proof of Service.) However, self-represented\r\nlitigants cannot be served electronically unless they serve and file a notice\r\nwith the Court expressly consenting to accept electronic service. (Cal. Rules\r\nof Court, rule 2.251, subd. (b); Code Civ. Proc., § 1010.6, subd. (d)(4); Los\r\nAngeles County Local Rule 3.4, subd. (b).) Plaintiffs have not filed a notice\r\nof consent to electronic service. Nor have Plaintiffs impliedly consented to\r\nelectronic service by availing themselves to the electronic filing system.\r\nIndeed, the record demonstrates that all of Plaintiffs’ filings have been filed\r\nat the clerk’s window.

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Because Plaintiffs were not\r\nproperly served with the underlying discovery, the instant Motion is DENIED.

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

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For the foregoing reasons, Defendant\r\nPacific Fertility Center, Inc.’s Motion to Compel Plaintiffs’ Responses to\r\nRequest for Production of Documents, Set One, and Request for Sanctions is\r\nDENIED.

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Moving party is ordered to give\r\nnotice.

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