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This case was last updated from Los Angeles County Superior Courts on 12/04/2020 at 07:44:44 (UTC).

CHRISTOPHER MARTINEZ VS HAWAIIAN GARDENS CASINO

Case Summary

On 06/04/2020 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against HAWAIIAN GARDENS CASINO. 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:

    *******4687

  • Filing Date:

    06/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MARTINEZ CHRISTOPHER

Defendant

HAWAIIAN GARDENS CASINO

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

 

Court Documents

Notice of Remand from Federal Court - Notice of Remand from Federal Court

9/3/2020: Notice of Remand from Federal Court - Notice of Remand from Federal Court

Notice of Removal to Federal Court - Notice of Removal to Federal Court

7/31/2020: Notice of Removal to Federal Court - Notice of Removal to Federal Court

Proof of Personal Service - Proof of Personal Service

7/31/2020: Proof of Personal Service - Proof of Personal Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

6/4/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Civil Case Cover Sheet - Civil Case Cover Sheet

6/4/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/4/2020: Summons - Summons on Complaint

Complaint - Complaint

6/4/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

6/4/2020: First Amended Standing Order - First Amended Standing Order

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

6/4/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/08/2023
  • Hearing06/08/2023 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

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  • 12/02/2021
  • Hearing12/02/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/30/2020
  • DocketThe case is removed from the special status of: Stay - Removal to Federal Court

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  • 09/03/2020
  • DocketNotice of Remand from Federal Court; Filed by: Clerk; Copy of Remand Order Attached: Yes; Date Remanded back to Superior Court: 09/25/2020

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  • 07/31/2020
  • DocketProof of Personal Service; Filed by: Christopher Martinez (Plaintiff); As to: Hawaiian Gardens Casino (Defendant); Service Date: 06/30/2020; Service Cost: 90.00; Service Cost Waived: No

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  • 07/31/2020
  • DocketNotice of Removal to Federal Court; Filed by: Hawaiian Gardens Casino (Defendant)

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  • 07/31/2020
  • DocketThe case is placed in special status of: Stay - Removal to Federal Court

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  • 06/04/2020
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Hawaiian Gardens Casino (Defendant)

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  • 06/04/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 06/04/2020
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff); As to: Hawaiian Gardens Casino (Defendant)

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  • 06/04/2020
  • DocketSummons on Complaint; Issued and Filed by: Christopher Martinez (Plaintiff); As to: Hawaiian Gardens Casino (Defendant)

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  • 06/04/2020
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 06/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/04/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)

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  • 06/04/2020
  • DocketNon-Jury Trial scheduled for 12/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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Tentative Rulings

Case Number: 20STLC04687    Hearing Date: February 01, 2021    Dept: 26

Martinez v. Hawaiian Gardens Casino, et al.

MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.300, et seq.)

TENTATIVE RULING:

Plaintiff Christopher Martinez’ Motion to Compel Further Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT HAWAIIAN GARDENS CASINO IS ORDERED TO SERVE VERIFIED AND CODE-COMPLIANT FURTHER RESPONSES, WITHOUT OBJECTION, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $1,615.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Plaintiff Christopher Martinez (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Hawaiian Gardens Casino (“Defendant”) on June 4, 2020. Following removal of the case to federal court by Defendant, and remand of the case back to state court, Plaintiff filed the instant Motion to Compel Defendant’s Further Responses to Special Interrogatories, Set One and Request for Sanctions on December 15, 2020. On January 19, 2021, Defendant filed an opposition.

To date, no pleading has been filed in response to the Complaint.

Discussion

Notice of the motion to compel further must be given “within 45 days of service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c).) Here, Defendant’s initial responses (objections) were served by mail on November 23, 2020. (Motion, Mehrban Decl., Exh. B.) The notice of motion and motion to compel further were timely served on December 15, 2020. (Motion, POS.)

The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).) Plaintiff’s counsel sent a meet and confer letter to defense counsel Adria Harris by regular and electronic mail on November 25, 2020. (Motion, Mehrban Decl., Exh. C.) Therefore, the meet and confer requirement is satisfied.

Cal. Rules of Court Rule 3.1345 requires all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a).) The separate statement is attached to the Motion itself.

Plaintiff has demonstrated that it is entitled to further responses to the Special Interrogatories from Defendant. Defendant’s initial responses consist solely of identical, boilerplate objections to standard discovery requests. (Motion, Separate Statement.) In opposition, Defendant does not contend that further responses are not warranted. In fact, the opposition concedes that following a meet and confer discussion on January 18, 2021, defense counsel Harris agreed to serve further responses. (Opp., Harris Decl., ¶9.) The opposition demonstrates that the crux of Defendant’s objection was the definition of certain terms, yet Defendant chose to respond with a string of irrelevant objections. (Id. at ¶9.) The Court further notes that as of the filing of the opposition, the supplemental responses have not been served. (Id. at ¶11.) Therefore, Plaintiff is entitled to an order compelling Defendant to serve supplemental responses to the Special Interrogatories, Set One within 20 days.   

The Court also finds Plaintiff is entitled to an award of sanctions pursuant to Code of Civil Procedure section 2030.210 and 2023.010. Defendant’s opposition argues that sanctions should be denied because it was not aware of Plaintiff’s meet and confer effort until January 2021, at which time the parties were able to resolve the dispute. Specifically, Defendant states that the meet and confer letter was directly solely to defense counsel Harris although two other attorneys are named on Defendant’s papers, but that Harris was out on medical leave in November and December 2020. (Opp., Harris Decl., ¶4.) As a result, Harris did not see the meet and confer letter until returning to the office in January 2021. (Id. a ¶8.)

The Court finds there is no reason to find fault with Plaintiff for these circumstances; it was defense counsel that allowed an attorney’s mail to go unreviewed for two months with no apparent indication to Plaintiff’s counsel that the attorney was unavailable. The meet and confer letter was also sent to Harris by electronic mail but still no response or even automatic reply was provided to Plaintiff’s counsel.

Therefore, the sanctions are properly noticed and reasonable in the amount requested. Sanctions are awarded in the amount of $1,615.00 based on 3.4 hours of attorney time billed at $475.00 per hour. (Motion, Mehrban Decl., ¶8.)

 

Conclusion

Plaintiff Christopher Martinez’ Motion to Compel Further Responses to Special Interrogatories, Set One, and Request for Sanctions is GRANTED. DEFENDANT HAWAIIAN GARDENS CASINO IS ORDERED TO SERVE VERIFIED AND CODE-COMPLIANT FURTHER RESPONSES, WITHOUT OBJECTION, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $1,615.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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