This case was last updated from Los Angeles County Superior Courts on 11/21/2021 at 15:11:30 (UTC).

BRIAN WHITAKER VS SPR, INC., A CALIFORNIA CORPORATION

Case Summary

On 08/10/2020 BRIAN WHITAKER filed a Civil Right - Other Civil Right lawsuit against SPR, INC , A CALIFORNIA CORPORATION. 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:

    *******6689

  • Filing Date:

    08/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

WHITAKER BRIAN

Defendant

SPR INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

HANDY RUSSELL

Defendant Attorney

CARLSON GRANT A.

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for Order Shortening Time/Adv...) of 11/08/2021

11/8/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for Order Shortening Time/Adv...) of 11/08/2021

Order (name extension) - Order of Court's Ruling

11/8/2021: Order (name extension) - Order of Court's Ruling

Minute Order - Minute Order (Hearing on Ex Parte Application for Order Shortening Time/Adv...)

11/8/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for Order Shortening Time/Adv...)

Notice of Settlement - Notice of Settlement

11/9/2021: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

11/9/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Ex Parte Application (name extension) - Ex Parte Application for Order Shortening Time Advance Hearing on Motion to Reconsider; Memorandum of Points and Authorities; Declaration of Grant A. Carlson in

11/4/2021: Ex Parte Application (name extension) - Ex Parte Application for Order Shortening Time Advance Hearing on Motion to Reconsider; Memorandum of Points and Authorities; Declaration of Grant A. Carlson in

Notice of Ruling - Notice of Ruling

11/1/2021: Notice of Ruling - Notice of Ruling

Motion for Reconsideration - Motion for Reconsideration

10/28/2021: Motion for Reconsideration - Motion for Reconsideration

Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF (BRIAN WHITAKER), TO DEEM THE ...)

10/18/2021: Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF (BRIAN WHITAKER), TO DEEM THE ...)

Minute Order - Minute Order (RULING ON SUBMITTED MATTER - REGARDING: HEARING ON MOTION B...)

10/19/2021: Minute Order - Minute Order (RULING ON SUBMITTED MATTER - REGARDING: HEARING ON MOTION B...)

Certificate of Mailing for - Certificate of Mailing for (RULING ON SUBMITTED MATTER - REGARDING: HEARING ON MOTION B...) of 10/19/2021

10/19/2021: Certificate of Mailing for - Certificate of Mailing for (RULING ON SUBMITTED MATTER - REGARDING: HEARING ON MOTION B...) of 10/19/2021

Reply (name extension) - Reply Sur-Reply to Motion to Deem the Trust of Matter Specified in Request for Admissions; Responses Without Objections Attached (Served Prior to Hearing); Declaration of Gran

10/15/2021: Reply (name extension) - Reply Sur-Reply to Motion to Deem the Trust of Matter Specified in Request for Admissions; Responses Without Objections Attached (Served Prior to Hearing); Declaration of Gran

Request for Judicial Notice - Request for Judicial Notice

9/24/2021: Request for Judicial Notice - Request for Judicial Notice

Separate Statement - Separate Statement

9/24/2021: Separate Statement - Separate Statement

Motion for Summary Judgment - Motion for Summary Judgment

9/24/2021: Motion for Summary Judgment - Motion for Summary Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

9/24/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Reply (name extension) - Reply to Defendants Opposition to Motion to Deem the Truth of the matters Specified in Requests for Admission, Set One.

9/27/2021: Reply (name extension) - Reply to Defendants Opposition to Motion to Deem the Truth of the matters Specified in Requests for Admission, Set One.

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/29/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

22 More Documents Available

 

Docket Entries

  • 02/08/2022
  • Hearing02/08/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 11/09/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 11/09/2021
  • DocketNotice of Settlement; Filed by: BRIAN WHITAKER (Plaintiff); Vacate Future Dates: No; Settlement Type: Unconditional; Set Hearing and Generate Notice?: No

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  • 11/09/2021
  • DocketOrder to Show Cause Re: Dismissal After Notice of Unconditional Settlement filed on 11/09/2021 scheduled for 02/08/2022 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 11/09/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 01/05/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/09/2021

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  • 11/09/2021
  • DocketNon-Jury Trial scheduled for 02/07/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/09/2021

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  • 11/09/2021
  • DocketHearing on Motion for Reconsideration scheduled for 02/08/2022 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/09/2021

    Read MoreRead Less
  • 11/08/2021
  • DocketUpdated -- Ex Parte Application for Order Shortening Time Advance Hearing on Motion to Reconsider; Memorandum of Points and Authorities; Declaration of Grant A. Carlson in Support of Application: Filed By: SPR, INC., a California corporation (Defendant); Result: Denied; Result Date: 11/08/2021

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  • 11/08/2021
  • DocketOrder of Court's Ruling; Signed and Filed by: Clerk

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  • 11/08/2021
  • DocketMinute Order (Hearing on Ex Parte Application for Order Shortening Time/Adv...)

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40 More Docket Entries
  • 08/17/2020
  • DocketProof of Service by Substituted Service; Filed by: BRIAN WHITAKER (Plaintiff); As to: SPR, INC., a California corporation (Defendant); Proof of Mailing Date: 08/14/2020; Service Cost: 30.00; Service Cost Waived: No

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  • 08/10/2020
  • DocketNon-Jury Trial scheduled for 02/07/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/14/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/10/2020
  • DocketClerk's Notice of Full Payment of Fees Required; Filed by: Clerk; As to: RUSSELL HANDY (Attorney)

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  • 08/10/2020
  • DocketComplaint; Filed by: BRIAN WHITAKER (Plaintiff); As to: SPR, INC., a California corporation (Defendant)

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  • 08/10/2020
  • DocketCivil Case Cover Sheet; Filed by: BRIAN WHITAKER (Plaintiff); As to: SPR, INC., a California corporation (Defendant)

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  • 08/10/2020
  • DocketSummons on Complaint; Issued and Filed by: BRIAN WHITAKER (Plaintiff); As to: SPR, INC., a California corporation (Defendant)

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  • 08/10/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/10/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/10/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

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Case Number: 20STLC06689 Hearing Date: October 18, 2021 Dept: 26

PROCEEDINGS: MOTION TO DEEM MATTERS ADMITTED\r\nAND REQUEST FOR SANCTIONS

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MOVING\r\nPARTY: Plaintiff Brian Whitaker

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RESPONDING\r\nPARTY: Defendant SPR, Inc.

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MOTION\r\nTO DEEM REQUESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS

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(CCP\r\n§§ 2033.280, 2023.010)

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TENTATIVE RULING:\r\n

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Plaintiff Brian Whitaker’s Motion to Deem Requests for\r\nAdmission Admitted and Request for Sanctions is GRANTED. DEFENDANT SPR, INC. IS\r\nORDERED TO PAY SANCTIONS OF $450.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’\r\nSERVICE OF THIS ORDER.

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SERVICE OF MOTION:

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[X]\r\nProof of Service Timely Filed (CRC 3.1300) OK

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[X]\r\nCorrect Address (CCP 1013, 1013a) OK

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[X]\r\n16/21 Day Lapse (CCP 12c and 1005 (b)) OK

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SUMMARY OF COMPLAINT:\r\nAction for discrimination on the basis of disability.

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RELIEF REQUESTED: Deem Requests for Admission, Set One, served\r\non Defendant on January 21, 2021, admitted. Plaintiff should be awarded\r\nsanctions of $1,800.00.

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OPPOSITION: Plaintiff’s counsel has engaged in\r\ngamesmanship. The parties agreed to put a hold on discovery while discussing\r\nsettlement. If defense counsel knew responses to the discovery were needed,\r\nthey would have been provided. Responses have since been served, making this Motion\r\nmoot. Defendant is entitled to sanctions of $2,910.00.

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REPLY: Plaintiff never agreed to a stay of\r\ndiscovery. The responses served improperly contain objections despite being\r\nuntimely.

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ANALYSIS:

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On October 19, 2020, Plaintiff Brian Whitaker (“Plaintiff”)\r\nserved Requests for Admissions on Defendant SPR, Inc. (“Defendant”). (Motion, Smith Decl., Exh. A.) Despite a meet\r\nand confer effort extending the deadline to respond until January 18, 2021,\r\nDefendant did not serve responses by that date. (Id. at ¶5 and Exhs.\r\nB-C.) Also, despite an email from defense counsel on January 20, 2021 that the\r\nresponses were being prepared, Plaintiff had not received responses to the\r\ndiscovery requests from Defendant as of the filing of the instant Motion to\r\nDeem Requests for Admission Admitted (“the Motion”) on June 16, 2021. (Ibid.)\r\nDefendant filed an opposition on August 24, 2021 and Plaintiff replied on September\r\n27, 2021.

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Discussion

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There is no requirement for a prior meet and confer effort\r\nbefore a motion to deem requests for admission can be filed. (Code Civ. Proc.,\r\n§ 2033.280.) Further, the motion can be brought any time after the responding\r\nparty fails to provide the responses. (Code Civ. Proc., § 2033.280.) In light\r\nof Defendant’s failure to serve responses, Plaintiff is entitled to an order\r\ndeeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Defendant’s\r\ncontention that discovery was stayed pending settlement discussions is not\r\nsupported by the record. There is no evidence to show that Plaintiff’s counsel\r\nagreed to stay discovery, only that defense counsel made the request. (See\r\nOpp., Carlson Decl., ¶¶5-6 and Exhs. A-C.) Nor does Defendant’s late service of\r\nresponses on August 24, 2021 render this Motion moot. Because the responses improperly\r\ninclude objections, which were waived, they do not conform to Code of Civil\r\nProcedure sections 2033.210, 2033.220, and 2033.230. (See Code Civ. Proc., §\r\n2033.280, subd. (a).)

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Therefore, Defendant has not demonstrated any basis for the\r\nCourt to ignore the statutory mandate deeming the requests for admission\r\nadmitted. (Code Civ. Proc., § 2033.280, subd. (c) [“The court shall make this\r\norder, unless it finds that the party to whom the requests for admission have\r\nbeen directed has served, before the hearing on the motion, a proposed response\r\nto the requests for admission that is in substantial compliance with Section\r\n2033.220.”].) Likewise, the award of sanctions against the non-complying party\r\nis mandatory. (Code Civ. Proc., § 2033.280, subd. (c).) Based on a lodestar\r\ncalculation, sanctions are granted against Defendant in the amount of $450.00,\r\nbased on one hour of attorney time billed at $450.00 per hour. (Motion, Smith\r\nDecl., ¶9.)

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Conclusion

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Plaintiff Brian Whitaker’s Motion to Deem Requests for\r\nAdmission Admitted and Request for Sanctions is GRANTED. DEFENDANT SPR, INC. IS\r\nORDERED TO PAY SANCTIONS OF $450.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’\r\nSERVICE OF THIS ORDER.

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Moving party to give notice.

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