BUDGET RENT A CAR SYSTEM, INC. VS KATRINA BUTTS, ET AL.
Case Summary
On 11/26/2019 BUDGET RENT A CAR SYSTEM, INC filed a Contract - Other Contract lawsuit against KATRINA BUTTS. 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
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Case Number:
*******0912
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Filing Date:
11/26/2019
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
SERENA R. MURILLO
Party Details
Plaintiff
BUDGET RENT A CAR SYSTEM INC.
Defendants
WILLIAMS JR. DERRICK LAMONT
BUTTS KATRINA
Attorney/Law Firm Details
Plaintiff Attorney
DEAN KRISTI
Court Documents
1/28/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
1/28/2021: Notice of Ruling - Notice of Ruling
7/27/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
4/7/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
3/26/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
3/27/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)
3/27/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
4/1/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
4/3/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
3/4/2020: Answer - Answer
3/4/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
2/13/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
1/17/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
11/26/2019: First Amended Standing Order - First Amended Standing Order
11/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
11/26/2019: Complaint - Complaint
11/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/26/2019: Summons - Summons on Complaint
Docket Entries
- 11/29/2022
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Hearing11/29/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
- 05/25/2021
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Hearing05/25/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 01/28/2021
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DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: Budget Rent A Car system, Inc. (Plaintiff); Result: Granted; Result Date: 01/28/2021
- 01/28/2021
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DocketNotice of Ruling; Filed by: Budget Rent A Car system, Inc. (Plaintiff)
- 01/28/2021
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DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
- 01/28/2021
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DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/28/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/28/2021; Result Type to Held - Motion Granted
- 07/27/2020
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DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Derrick Lamont Williams, Jr. (Defendant)
- 07/27/2020
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DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/28/2021 at 09:30 AM in Spring Street Courthouse at Department 26
- 04/07/2020
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DocketRequest for Entry of Default / Judgment; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant)
- 04/07/2020
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Docket; On the Complaint filed by Budget Rent A Car system, Inc. on 11/26/2019
- 02/13/2020
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DocketProof of Service by Substituted Service; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Derrick Lamont Williams, Jr. (Defendant); Proof of Mailing Date: 02/12/2020; Service Cost: 320.00; Service Cost Waived: No
- 01/17/2020
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DocketProof of Service by Substituted Service; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant); Proof of Mailing Date: 01/15/2020; Service Cost: 100.00; Service Cost Waived: No
- 11/26/2019
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DocketNon-Jury Trial scheduled for 05/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 11/26/2019
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 11/26/2019
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DocketComplaint; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant); Derrick Lamont Williams, Jr. (Defendant)
- 11/26/2019
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DocketSummons on Complaint; Issued and Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant); Derrick Lamont Williams, Jr. (Defendant)
- 11/26/2019
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DocketCivil Case Cover Sheet; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant); Derrick Lamont Williams, Jr. (Defendant)
- 11/26/2019
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 11/26/2019
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DocketFirst Amended Standing Order; Filed by: Clerk
- 11/26/2019
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DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
Tentative Rulings
Case Number: 19STLC10912 Hearing Date: January 28, 2021 Dept: 26
Budget Rent a Car System, Inc. v. Butts, et al.
MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED
(CCP § 2033.280)
TENTATIVE RULING:
Plaintiff Budget Rent a Car System, Inc.’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED AGAINST DEFENDANT DERRICK LAMONT WILLIAMS, JR. DEFENDANT WILLIAMS IS ORDERED TO PAY SANCTIONS OF $435.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
ANALYSIS:
On April 16, 2020, Plaintiff Budget Rent a Car System, Inc. (“Plaintiff”) served Requests for Admissions on Defendant Derrick Lamont Williams, Jr. (“Defendant Williams”). (Motion, Dean Decl., Exh. B.) The Requests for Admission were re-served on Defendant Williams on June 3, 2020. (Id. at Exh. C.) On June 17, 2020, Defendant Williams served incomplete and unverified responses to the Requests for Admission. (Id. at ¶10.)
As of the filing of this Motion, Plaintiff has not received verified responses to the discovery requests propounded on Defendant Williams. (Id. at ¶12.) As a result, Plaintiff filed the instant Motion to Deem Requests for Admissions Admitted and for Monetary Sanctions (the “Motion”) on July 27, 2020. To date, no opposition has been filed.
There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant Williams in the amount of $435.00, based on one hour of attorney time billed at $375.00 per hour, plus the $60.00 filing fee. (Motion, Dean Decl., ¶14.)
Based on the foregoing, Plaintiff Budget Rent a Car System, Inc.’s Motion to Deem Requests for Admission Admitted and Request for Sanctions is GRANTED AGAINST DEFENDANT DERRICK LAMONT WILLIAMS, JR. DEFENDANT WILLIAMS IS ORDERED TO PAY SANCTIONS OF $435.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Moving party to give notice.
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