This case was last updated from Los Angeles County Superior Courts on 09/20/2020 at 09:45:25 (UTC).

CHRISTOPHER MARTINEZ VS OPEN YO MOUTH, LLC

Case Summary

On 09/24/2018 CHRISTOPHER MARTINEZ filed a Civil Right - Other Civil Right lawsuit against OPEN YO MOUTH, LLC. 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:

    *******2095

  • Filing Date:

    09/24/2018

  • 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

WENDY CHANG

 

Party Details

Plaintiff

MARTINEZ CHRISTOPHER

Defendant

OPEN YO MOUTH LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

15720 Ventura Blvd Ste 228

Encino, CA 91436

Defendant Attorney

FINLEY KEVIN D.

 

Court Documents

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

4/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Entry of Judgment or Order

3/18/2020: Notice (name extension) - Notice of Entry of Judgment or Order

Notice (name extension) - Notice of Payment of Sanctions

1/14/2020: Notice (name extension) - Notice of Payment of Sanctions

Notice (name extension) - Notice of Entry of Judgment or Order

12/23/2019: Notice (name extension) - Notice of Entry of Judgment or Order

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Orde...)

11/6/2019: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Orde...)

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

9/30/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

9/9/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Order to Show Cause Re: status of corporate Defendants legal...)

9/16/2019: Minute Order - Minute Order (Order to Show Cause Re: status of corporate Defendants legal...)

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

7/1/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

7/29/2019: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

Minute Order - Minute Order (Order to Show Cause Re: status of corporate Defendants legal...)

8/5/2019: Minute Order - Minute Order (Order to Show Cause Re: status of corporate Defendants legal...)

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

4/18/2019: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

5/15/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

5/15/2019: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Answer - Answer

12/19/2018: Answer - Answer

Complaint

9/24/2018: Complaint

Summons - on Complaint

9/24/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

9/24/2018: Notice of Case Assignment - Limited Civil Case

16 More Documents Available

 

Docket Entries

  • 03/02/2021
  • Hearing03/02/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/27/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/27/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/27/2020

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  • 04/27/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 06/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 03/02/2021 08:30 AM

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  • 03/18/2020
  • DocketNotice of Entry of Judgment or Order; Filed by: Christopher Martinez (Plaintiff); As to: Open Yo Mouth, LLC (Defendant)

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  • 03/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/17/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 03/23/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/03/2020 08:30 AM

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  • 01/14/2020
  • DocketNotice of Payment of Sanctions; Filed by: Open Yo Mouth, LLC (Defendant); As to: Christopher Martinez (Plaintiff)

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  • 12/23/2019
  • DocketNotice of Entry of Judgment or Order; Filed by: Christopher Martinez (Plaintiff); As to: Open Yo Mouth, LLC (Defendant)

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  • 12/13/2019
  • DocketCertificate of Mailing for (Court Order) of 12/13/2019; Filed by: Clerk

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30 More Docket Entries
  • 12/19/2018
  • DocketAnswer; Filed by: Open Yo Mouth, LLC (Defendant)

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  • 09/24/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/24/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/24/2018
  • DocketCivil Case Cover Sheet; Filed by: Christopher Martinez (Plaintiff)

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  • 09/24/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Christopher Martinez (Plaintiff)

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  • 09/24/2018
  • DocketRequest to Waive Court Fees; Filed by: Christopher Martinez (Plaintiff)

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  • 09/24/2018
  • DocketComplaint; Filed by: Christopher Martinez (Plaintiff); As to: Open Yo Mouth, LLC (Defendant)

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  • 09/24/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 09/24/2018
  • DocketNon-Jury Trial scheduled for 03/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/24/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/27/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC12095    Hearing Date: November 06, 2019    Dept: 94

Martinez v. Open Yo Mouth, et al

MOTION TO COMPEL DEFENDANT’S FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND FOR MONETARY SANCTIONS

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff Christopher Martinez’s Motion to Compel Defendant’s Further Responses to Special Interrogatories and for Monetary Sanctions is GRANTED.

ANALYSIS:

I. Background

On September 4, 2018, Plaintiff Christopher Martinez brought this action against Defendant Open Yo Mouth, LLC (“Defendant”) for violation of the Unruh Civil Rights Act. On December 21, 2018, Plaintiff served Special Interrogatories (“SROG”) on Defendant. On February 15, 2019, Defendant responded with only objections to the SROG. Unsatisfied with the responses, Plaintiff sent a meet-and-confer letter to Defendant on February 20 as required by CCP § 2030.300(b). (Motion, Mehrban Decl. ¶ 5, citing to Exh. C.) Defendant still has not supplemented its discovery responses to the SROG. (Id., Mehrban Decl. ¶ 7.)

As a result, Plaintiff filed the instant Motion to Compel Further Responses to Special Interrogatories and for Monetary Sanctions (the “Motion”) on April 18, 2019. The Motion is timely under CCP § 2030.300(c) because Defendant extended the time for Plaintiff to file this Motion until May 1, 2019.

II. Discussion

A. Merits

“The propounding party must demonstrate that the responses were incomplete, inadequate or evasive, or that the responding party asserted objections that are either without merit or too general. [Citations.]” (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)

Plaintiff seeks further responses to SROG Nos. 1-3. Having reviewed Defendant’s responses to the SROG, the Court agrees with Plaintiff that the responses, consisted exclusively of boilerplate objections, are incomplete, inadequate and evasive. “While the party propounding interrogatories may have the burden of filing a motion to compel if it finds the answers it receives unsatisfactory, the burden of justifying any objection and failure to respond remains at all times with the party resisting an interrogatory. [Citation.]” (Williams v. Superior Court (2017) 3 Cal.5th 531, 541, emphasis added.) Defendant here has failed to file an opposition to demonstrate how its objections are meritorious.

For the foregoing reasons, Plaintiff is entitled to further responses from Defendant.

D. Monetary Sanctions

Given the foregoing, monetary sanctions are mandatory under CCP § 2030.300(d). The Court finds $950 in attorney fees to be reasonable and awards such amount as monetary sanctions to Plaintiff and against Defendant.

III. Conclusion & Order

For the reasons stated, the unopposed Motion is GRANTED.

Defendant is ordered to further respond to SROG Nos. 1-3 within 20 days of Plaintiff’s service of a notice of this Order. Defendant is also ordered to pay $950 in monetary sanctions to Plaintiff within thirty (30) days from the date of Plaintiff serving a notice of this Order.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.