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 Disposed - Judgment Entered.
Case Details
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Case Number:
*******0912
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Filing Date:
11/26/2019
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Case Status:
Disposed - Judgment Entered
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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
8/20/2021: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
8/11/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings
7/28/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Entry of Dismissal Or, In The Alternative, Judgment and Order Thereon
7/1/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
7/1/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
5/25/2021: Minute Order - Minute Order (Non-Jury Trial)
5/25/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment
5/25/2021: Request for Dismissal - Request for Dismissal
1/28/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
4/7/2020: 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
2/13/2020: 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
- 08/20/2021
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DocketAbstract of Judgment - Civil and Small Claims; Issued by: Budget Rent A Car system, Inc. (Plaintiff)
- 08/11/2021
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DocketNotice of Rejection - Pleadings; Filed by: Clerk
- 08/05/2021
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DocketNotice of Entry of Judgment or Order; Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant)
- 07/30/2021
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DocketUpdated -- Judgment: Name Extension: blank; As To Parties changed from Katrina Butts (Defendant) to Katrina Butts (Defendant)
- 07/30/2021
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DocketDefault judgment by Court entered for Plaintiff Budget Rent A Car system, Inc. against Defendant Katrina Butts on the Complaint filed by Budget Rent A Car system, Inc. on 11/26/2019 for damages of $9,582.86, interest of $315.05, costs of $645.00, and other $-542.91 for a total of $10,000.00.
- 07/30/2021
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DocketJudgment Judgment By Court; Signed and Filed by: Budget Rent A Car system, Inc. (Plaintiff); As to: Katrina Butts (Defendant)
- 07/30/2021
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DocketUpdated -- Judgment Judgment By Court: As To Parties changed from Katrina Butts (Defendant) to Katrina Butts (Defendant)
- 07/30/2021
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DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal as to Defendant Katrina Butts scheduled for 09/01/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/30/2021
- 07/30/2021
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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 Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/30/2021
- 07/28/2021
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DocketOn the Complaint filed by Budget Rent A Car system, Inc. on 11/26/2019, entered Order for Dismissal without prejudice as to the entire action
- 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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