This case was last updated from Los Angeles County Superior Courts on 10/19/2020 at 02:27:35 (UTC).

BRUCE HO VS CHANG HYO CHOO

Case Summary

On 01/28/2019 BRUCE HO filed a Personal Injury - Uninsured Motor Vehicle lawsuit against CHANG HYO CHOO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0900

  • Filing Date:

    01/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

HO BRUCE

Defendant

CHOO CHANG HYO

Attorney/Law Firm Details

Plaintiff Attorney

DUNHAM DONALD TILDON

Defendant Attorney

SPRIGGS SCOTT B.

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Compel Defendant to Provide a Verified R...)

9/24/2020: Minute Order - Minute Order (Hearing on Motion to Compel Defendant to Provide a Verified R...)

Reply (name extension) - Reply Plaintiff Bruce Ngoun Ho's Reply to Oppostion to Motion to Compel Defendant Chang Hyo Choo to Provide a verified Reponse

8/21/2020: Reply (name extension) - Reply Plaintiff Bruce Ngoun Ho's Reply to Oppostion to Motion to Compel Defendant Chang Hyo Choo to Provide a verified Reponse

Reply (name extension) - Reply Plaintiff Dana May Ho's Reply to Oppostion to Motion to Compel Defendant Chang Hyo Choo to Provide a verified Reponse

8/21/2020: Reply (name extension) - Reply Plaintiff Dana May Ho's Reply to Oppostion to Motion to Compel Defendant Chang Hyo Choo to Provide a verified Reponse

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

1/22/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Notice of Motion - Notice of Motion

5/20/2020: Notice of Motion - Notice of Motion

Minute Order - Minute Order (Court Order)

6/4/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/04/2020

6/4/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/04/2020

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

6/19/2020: 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

6/19/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - Minute Order (Court Order)

6/22/2020: Minute Order - Minute Order (Court Order)

Opposition (name extension) - Opposition Defendant's Opposition to Plainitff's Motion to Compel (2)

6/25/2020: Opposition (name extension) - Opposition Defendant's Opposition to Plainitff's Motion to Compel (2)

Notice (name extension) - Notice of Plaintiff's Motion to Compel Defendant to provide verified response to Plaintiff's Form Interrogatories (set two) and request for monetary Sactions

7/8/2020: Notice (name extension) - Notice of Plaintiff's Motion to Compel Defendant to provide verified response to Plaintiff's Form Interrogatories (set two) and request for monetary Sactions

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

8/20/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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

6/27/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Proof of Personal Service - Subpoena Duces Tecum and Proof of Service

2/19/2019: Proof of Personal Service - Subpoena Duces Tecum and Proof of Service

Answer - Answer

3/12/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

1/28/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

1/28/2019: Complaint - Complaint

23 More Documents Available

 

Docket Entries

  • 07/19/2021
  • Hearing07/19/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/29/2020
  • DocketNotice of Ruling; Filed by: Bruce Ho (Plaintiff)

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  • 09/24/2020
  • DocketMinute Order (Hearing on Motion to Compel Defendant to Provide a Verified R...)

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  • 09/24/2020
  • DocketHearing on Motion to Compel Defendant to Provide a Verified Response to Plaintiff's Form Interrogatories (Set No. Two); Request for Monetary Sanctions Against Defendant and His Attorneys in the Amount of $1560. scheduled for 09/24/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/24/2020; Result Type to Held

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  • 09/24/2020
  • DocketHearing on Motion to Compel Defendant to Provide a Verified Response to Plaintiff's Form Interrogatories (Set No. Two); Request for Monetary Sanctions Against Defendant and His Attorneys in the Amount of $1560. scheduled for 09/24/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/24/2020; Result Type to Held

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  • 08/21/2020
  • DocketReply Plaintiff Dana May Ho's Reply to Oppostion to Motion to Compel Defendant Chang Hyo Choo to Provide a verified Reponse; Filed by: Bruce Ho (Plaintiff)

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  • 08/21/2020
  • DocketReply Plaintiff Bruce Ngoun Ho's Reply to Oppostion to Motion to Compel Defendant Chang Hyo Choo to Provide a verified Reponse; Filed by: Bruce Ho (Plaintiff)

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  • 07/08/2020
  • DocketNotice of Plaintiff's Motion to Compel Defendant to provide verified response to Plaintiff's Form Interrogatories (set two) and request for monetary Sactions; Filed by: Bruce Ho (Plaintiff); As to: Chang Hyo Choo (Defendant)

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  • 06/26/2020
  • DocketMinute Order (Non-Appearance Case Review re payment of two plaintiffs motio...)

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  • 06/26/2020
  • DocketNon-Appearance Case Review re payment of two plaintiffs motions to compel scheduled for 06/26/2020 at 11:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/26/2020; Result Type to Held

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36 More Docket Entries
  • 03/07/2019
  • DocketUpdated -- Proof of Personal Service: Document changed from Subpoena Duces Tecum and Proof of Service to Proof of Personal Service; As To Parties changed from Chang Hyo Choo (Defendant) to Chang Hyo Choo (Defendant)

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  • 02/19/2019
  • DocketProof of Personal Service; Filed by: Bruce Ho (Plaintiff); As to: Chang Hyo Choo (Defendant); Service Cost Waived: No

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  • 01/28/2019
  • DocketNon-Jury Trial scheduled for 07/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/28/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/31/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/28/2019
  • DocketComplaint; Filed by: Bruce Ho (Plaintiff); As to: Chang Hyo Choo (Defendant)

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  • 01/28/2019
  • DocketSummons on Complaint; Issued and Filed by: Bruce Ho (Plaintiff); As to: Chang Hyo Choo (Defendant)

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  • 01/28/2019
  • DocketCivil Case Cover Sheet; Filed by: Bruce Ho (Plaintiff); As to: Chang Hyo Choo (Defendant)

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  • 01/28/2019
  • DocketCivil Case Cover Sheet; Filed by: Bruce Ho (Plaintiff); As to: Chang Hyo Choo (Defendant)

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  • 01/28/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/28/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC00900    Hearing Date: September 24, 2020    Dept: 26

Ho, et al. v. Choo, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES;

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiffs Dana Ho and Bruce Nguon Ho’s Motions Compelling Defendant Chang Hyo Choo To Respond To Form Interrogatories, Set Two and for Monetary Sanctions is DEEMED MOOT AS TO THE RESPONSES AND GRANTED AS TO THE MONETARY SANCTIONS. DEFENDANT AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $720.00 TO PLAINTIFFS’ COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiffs Dana Ho and Bruch Nguon Ho (“Plaintiffs”) each propounded Form Interrogatories, Set Two, on Defendant Chang Hyo Choo (“Defendant”) on March 26, 2020. (Motions, Dunham Decl., Exh. 1.) Following Defendant’s failure to provide timely responses, Plaintiffs twice extended the deadline to serve verified responses. (Id. at Exhs. 2-4.) Following no response from Defendant after the second deadline, Plaintiffs filed the instant Motions to Compel Responses to Form Interrogatories, Set Two, and Request for Sanctions on May 20, 2020. On June 25, 2020, Defendant filed oppositions and Plaintiffs replied on August 21, 2020.

Discussion

It is undisputed that Defendant served verified responses to Plaintiffs’ Form Interrogatories, Set Two, on June 24, 2020. (Opps., Spriggs Decl., ¶3; Reply, p. 3:9-15.) The late responses, however, resulted in Plaintiffs having to file the instant Motions. Defendant’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. Using a lodestar calculation, the request for sanctions is granted against Defendant and counsel of record in the amount of $720.00 based on two hours of attorney time billed at $300.00 an hour plus the filing fees. (Motions, Dunham Decl., ¶7.)

Plaintiffs Dana Ho and Bruce Nguon Ho’s Motions Compelling Defendant Chang Hyo Choo To Respond To Form Interrogatories, Set Two and for Monetary Sanctions is DEEMED MOOT AS TO THE RESPONSES AND GRANTED AS TO THE MONETARY SANCTIONS. DEFENDANT AND COUNSEL OF RECORD ARE ORDERED TO PAY SANCTIONS OF $720.00 TO PLAINTIFFS’ COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC00900    Hearing Date: January 22, 2020    Dept: 26

Ho v. Choo, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION

AND REQUEST FOR SANCTIONS

(CCP § 2031.330)

TENTATIVE RULING:

Plaintiff Bruce Ngoun Ho’s Motion To Compel Defendant Chang Hyo Choo’s Compliance with Request For Production For Documents, Set One is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

SANCTIONS ARE GRANTED JOINTLY AND SEVERALLY AGAINST DEFENDANT AND COUNSEL OF RECORD IN THE AMOUNT OF $760.00. SANCTIONS ARE TO BE PAID WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Bruce Ngoun Ho (“Plaintiff”) propounded Request for Production ,Set One on Defendant Chang Hyo Choo (“Defendant”) on March 20, 2019 by mail. (Motion, Dunham Decl., ¶3 and Exh. A.) Following Defendant’s failure to timely serve responses, Plaintiff’s counsel sent a meet and confer letter on May 24, 2019. (Id. at Exh. B.) On June 7, 2019, Defendant served responses to the request for production. (Id. at Exh. C.) On August 27, 2019, Plaintiff filed the instant Motion to Compel Compliance Regarding Request for Production, Set One. To date, no opposition has been filed.

There is no requirement for a prior meet and confer effort before a motion to compel compliance can be filed. (Code Civ. Proc., § 2031.320.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2031.320.) The Motion is brought specifically as to Request for Production, Item No. 5, which requested production of “any and all driver’s licenses of Defendant Chang Hyo Coo as of April 8, 2018.” (Motion, Dunham Decl., Exh. C, p. 3:15-18.) Defendant responded that would comply by providing his driver’s license at the time of deposition. (Ibid.) To date, however, Defendant has not produced the documents in question. (Id. at ¶6.) PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH REQUEST FOR PRODUCTION FO DOCUMENTS, SET ONE IS GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

The Court also finds Defendant’s failure to comply is 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 given the simplicity of this unopposed motion. THE REQUEST FOR SANCTIONS IS GRANTED JOINTLY AND SEVERALLY AGAINST DEFENDANT AND HIS COUNSEL OF RECORD IN THE AMOUNT OF $760.00 BASED ON TWO HOURS OF ATTORNEY TIME BILLED AT $350.00 AND THE $60.00 FILING FEE. (MOTION, DUNHAM DECL., ¶7.) SANCTIONS ARE TO BE PAID WITHIN 30 DAYS THIS ORDER.

Moving party to give notice.