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This case was last updated from Los Angeles County Superior Courts on 02/27/2021 at 05:32:01 (UTC).

CANDICE BECERRA VS JOSE M. SANCHEZ

Case Summary

On 06/05/2019 CANDICE BECERRA filed a Personal Injury - Motor Vehicle lawsuit against JOSE M SANCHEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5477

  • Filing Date:

    06/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

BECERRA CANDICE

Defendant

SANCHEZ JOSE M.

Attorney/Law Firm Details

Plaintiff Attorney

PIAZZA FRANK GASPER JR

Defendant Attorney

MARGARYAN MARIAM MARY

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Deposition) of 02/25/2021

2/25/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Deposition) of 02/25/2021

Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Deposition)

2/25/2021: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Deposition)

Notice of Change of Firm Name - Notice of Change of Firm Name

8/11/2020: Notice of Change of Firm Name - Notice of Change of Firm Name

Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Defendant and Request for Sanctions

10/2/2020: Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Defendant and Request for Sanctions

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

11/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

4/8/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

9/20/2019: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

9/20/2019: Demand for Jury Trial - Demand for Jury Trial

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/18/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

6/5/2019: Summons - Summons on Complaint

Complaint - Complaint

6/5/2019: Complaint - Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/5/2019: First Amended Standing Order - First Amended Standing Order

2 More Documents Available

 

Docket Entries

  • 06/22/2021
  • Hearing06/22/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/25/2021
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Deposition)

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  • 02/25/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Deposition) of 02/25/2021; Filed by: Clerk

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  • 02/25/2021
  • DocketHearing on Motion to Compel Motion to Compel Deposition scheduled for 02/25/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/25/2021; Result Type to Held - Motion Denied

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  • 11/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 11/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 11/17/2020

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  • 11/17/2020
  • DocketUpdated -- Event scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 11/17/2020
  • DocketOn the Court's own motion, Jury Trial scheduled for 12/02/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/22/2021 08:30 AM

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  • 10/05/2020
  • DocketHearing on Motion to Compel Motion to Compel Deposition scheduled for 02/25/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 10/02/2020
  • DocketMotion to Compel Motion to Compel Deposition of Defendant and Request for Sanctions; Filed by: Candice Becerra (Plaintiff); As to: Jose M. Sanchez (Defendant)

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5 More Docket Entries
  • 09/20/2019
  • DocketDemand for Jury Trial; Filed by: Jose M. Sanchez (Defendant)

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  • 07/18/2019
  • DocketProof of Service by Substituted Service; Filed by: Candice Becerra (Plaintiff); As to: Jose M. Sanchez (Defendant); Proof of Mailing Date: 06/26/2019; Service Cost: 40.00; Service Cost Waived: No

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  • 06/11/2019
  • DocketNon-Jury Trial scheduled for 12/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/05/2019
  • DocketComplaint; Filed by: Candice Becerra (Plaintiff); As to: Jose M. Sanchez (Defendant)

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  • 06/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Candice Becerra (Plaintiff); As to: Jose M. Sanchez (Defendant)

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  • 06/05/2019
  • DocketSummons on Complaint; Issued and Filed by: Candice Becerra (Plaintiff); As to: Jose M. Sanchez (Defendant)

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  • 06/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05477    Hearing Date: February 25, 2021    Dept: 25

HEARING DATE: Thu., February 25, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Becerra v. Sanchez COMPL. FILED: 06-05-19

CASE NUMBER: 19STLC05477 DISC. C/O: 05-23-21

NOTICE: OK DISC. MOT. C/O: 06-07-21

TRIAL DATE: 06-22-21

PROCEEDINGS: MOTION TO COMPEL DEPOSITION AND REQUEST FOR SANCTIONS

MOVING PARTY: Plaintiff Candice Becerra

RESP. PARTY: None

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Plaintiff Candice Becerra’s Motion to Compel Deposition and Request for Sanctions is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 23, 2021 [ ] Late [X] None

REPLY: None filed as of February 23, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 5, 2019, Plaintiff Candice Becerra (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Jose M. Sanchez (“Defendant”). Defendant filed an Answer on September 20, 2019.

Plaintiff filed the instant Motion to Compel Deposition of Defendant and Request for Sanctions (the “Motion”) on October 2, 2020. To date, no opposition has been filed.

  1. Legal Standard

Code of Civil Procedure section 2025.450, section (a) provides:

“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.”

(Code Civ. Proc., § 2025.450, subd. (a).)

The motion must “be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition…by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450, subd. (2).) A court shall impose monetary sanctions if the motion to compel is granted unless the one subject to sanctions acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

  1. Discussion

Here, Plaintiff’s counsel served Defendant’s counsel with a Notice of Deposition on May 13, 2020 via regular mail and email. (Mot., Piazza Decl., ¶ 4, Exh. A.) The deposition was scheduled for June 24, 2020 and was to take place at Plaintiff’s counsel’s office located at 2030 Main Street, Suite 1300, Irvine, CA 92614 at 10:30 a.m. (Id.) On June 17, 2020, Defendant’s counsel informed Plaintiff’s counsel she and Defendant were unwilling to appear for an in-person deposition. (Id. at ¶ 5.) The parties agreed to postpone the deposition to August 21, 2020. (Id. at ¶ 6.) Plaintiff’s counsel served Defendant’s counsel with an Amended Notice of Deposition on June 19, 2020 via regular mail and e-mail. (Id., Exh. B.) The Amended Notice of Deposition stated the deposition would take place on August 21, 2020 at 10:30 a.m. at Plaintiff’s counsel’s office. (Id.)

Plaintiff provides evidence that on August 20, 2020, the day before the scheduled deposition and after business hours, Defendant’s counsel sent Plaintiff’s counsel an email inquiring about the Zoom link for Defendant’s deposition. (Id. at ¶ 8, Exh. C.) The following morning, Plaintiff’s counsel reminded Defendant’s counsel that the Amended Notice indicated the deposition would take place in person. (Id.) Defendant’s counsel then indicated they would not appear in person due to COVID-19 concerns. (Id., Exh. D.) Plaintiff’s counsel’s office replied to Defendant’s counsel on August 24, stating that his office had conducted many in-person interviews without incident. (Id. at ¶ 9, Exh. D.) Plaintiff’s counsel also requested that Defendant pay the invoice for the canceled deposition or she would file a motion and request sanctions. (Id.)

Plaintiff seeks an order compelling Defendant to personally appear for deposition on March 8, 2021 at 10:00 a.m. or on some future date when in-person depositions are not restricted. (Mot., p. 2, ¶ 1.) In support of Plaintiff’s in-person request, Plaintiff’s counsel states that he has never taken a remote deposition and, in any event, it would be very difficult to conduct the deposition remotely. (Id., Piazza Decl., ¶ 9.) However, Code of Civil Procedure section 2025.310, enacted in light of the COVID-19 pandemic, expressly allows for either party to elect to proceed with a deposition remotely. (Code Civ. Proc., § 2025.310, subd. (a).) Thus, the Court cannot require Defendant to attend an in-person deposition.

Notably, Plaintiff’s declaration does not demonstrate he made any further efforts to meet and confer with Defendant’s counsel regarding an alternative deposition date or method. Rather, Plaintiff’s evidence demonstrates that Plaintiff’s counsel was more concerned with recovering the fee for the canceled deposition than agreeing on a new date or considering a remote deposition.

For these reasons, Plaintiff’s Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Candice Becerra’s Motion to Compel Deposition and Request for Sanctions is DENIED.

Moving party is ordered to give notice.