On 09/15/2017 ASHLEY RUBALCAVA filed a Personal Injury - Motor Vehicle lawsuit against SONIA GARCIA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.
*******2041
09/15/2017
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
ELAINE LU
RUBALCAVA ASHLEY
GARCIA SONIA
GLADKOV SERGEI
ALBAN ARNOLD J
3/14/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
3/15/2019: Minute Order - Minute Order (Non-Jury Trial)
4/19/2019: Answer - Answer
5/16/2019: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)
9/15/2017: Summons - on Complaint
9/15/2017: Civil Case Cover Sheet
9/15/2017: Complaint
9/15/2017: Order on Court Fee Waiver (Superior Court)
9/15/2017: Notice of Case Assignment - Limited Civil Case
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNon-Jury Trial scheduled for 11/14/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)
DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 05/16/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 05/16/2019; Result Type to Held
DocketAnswer; Filed by: Sonia Garcia (Defendant); As to: Ashley Rubalcava (Plaintiff)
DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 05/16/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Non-Jury Trial)
DocketNon-Jury Trial scheduled for 03/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 03/15/2019; Result Type to Not Held - Taken Off Calendar by Court
DocketProof of Service by Substituted Service; Filed by: Ashley Rubalcava (Plaintiff); As to: Sonia Garcia (Defendant); Proof of Mailing Date: 12/19/2017; Service Cost: 40.00; Service Cost Waived: No
DocketCase reassigned to Stanley Mosk Courthouse in Department 77
DocketComplaint; Filed by: Ashley Rubalcava (Plaintiff); As to: Sonia Garcia (Defendant)
DocketRequest to Waive Court Fees; Filed by: Ashley Rubalcava (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Ashley Rubalcava (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Ashley Rubalcava (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 03/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOSC - Failure to File Proof of Service scheduled for 09/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77
Case Number: 17STLC02041 Hearing Date: March 10, 2020 Dept: 26
Rubalcava v. Garcia, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendant Sonia Garcia’s (1) Motion for Order Compelling Plaintiff Ashley Rubalcava To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion for Order Compelling Plaintiff Ashley Rubalcava to Respond to Request for Production of Documents; Request for Sanctions are PLACED OFF CALENDAR.
ANALYSIS:
Plaintiff Ashley Rubalcava (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Sonia Garcia (“Defendant”) on September 15, 2017. The matter came to trial on March 15, 2019 without Defendant having filed any responsive pleading. At that time, Plaintiff indicated it would move for entry of default. Despite that representation, no request for entry of default was made and Defendant filed an Answer on April 19, 2019. On May 16, 2019, the Court reset the trial date for November 14, 2019. On August 14, 2019, Plaintiff deemed this matter related to Petterson v. Garcia, LASC Case No. 17STLC02040. On November 7, 2019, Defendant filed the instant (1) Motion for Order Compelling Plaintiff Ashley Rubalcava To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion for Order Compelling Plaintiff Ashley Rubalcava to Respond to Request for Production of Documents; Request for Sanctions.
When the action came for trial on November 14, 2019, defense counsel made an oral motion to consolidate this action with Case No. 17STLC02040 that the Court denied. On its own motion, the Court continued the hearing date to December 10, 2019.
On December 9, 2019, defense counsel again made an oral motion to consolidate the cases, which the Court again denied on the grounds that a noticed motion to consolidate was required. The Court again continued the hearing date on its own motion to April 13, 2020.
Discussion
Pursuant to Code of Civil Procedure section 2024.020, subdivision (a), a party has a “right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (Code Civ. Proc., § 2024.020, subd. (a).) This rule applies to the original trial date, and where the original trial date has been vacated and then reset, as it was in this case. Accordingly, the discovery cut-off date and motion cut-off date ran from the November 14, 2019 trial date.
Moreover, the continuances of the trial date to December 10, 2019 and April 13, 2020 did not change the discovery and motion cut-off dates here. Pursuant to Code of Civil Procedure section 2024.020, subdivision (b), “a continuance or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to Code of Civil Procedure section 2024.050. (Code Civ. Proc., § 2024.020, subd. (b); Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588 [“By simply hearing the motion to compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court ‘transgresse[d] the confines of the applicable principles of law’ . . . and thereby abused its discretion.”] (citation omitted).) Based on the foregoing, the Court finds the last day to hear discovery motions in this action was October 30, 2019.
Defendant Sonia Garcia’s (1) Motion for Order Compelling Plaintiff Ashley Rubalcava To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion for Order Compelling Plaintiff Ashley Rubalcava to Respond to Request for Production of Documents; Request for Sanctions are PLACED OFF CALENDAR.
Court clerk to give notice.