This case was last updated from Los Angeles County Superior Courts on 07/23/2020 at 05:11:26 (UTC).

CONCEPCION MELARA VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL.

Case Summary

On 03/20/2020 CONCEPCION MELARA filed a Personal Injury - Motor Vehicle lawsuit against LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY. 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:

    *******2684

  • Filing Date:

    03/20/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MELARA CONCEPCION

Defendants

METRO

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Attorney/Law Firm Details

Plaintiff Attorney

CANTER FRANK H.

Defendant Attorney

WEND CHRISTOPHER P

 

Court Documents

Summons - Summons on Complaint

7/7/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

7/7/2020: Cross-Complaint - Cross-Complaint

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

7/7/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

7/7/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

7/7/2020: Demand for Jury Trial - Demand for Jury Trial

Proof of Personal Service - Proof of Personal Service

7/22/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

3/20/2020: Summons - Summons on Complaint

Complaint - Complaint

3/20/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/20/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

3/20/2020: First Amended Standing Order - First Amended Standing Order

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

3/20/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 03/24/2023
  • Hearing03/24/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 09/17/2021
  • Hearing09/17/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/22/2020
  • DocketProof of Personal Service; Filed by: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); Service Date: 07/08/2020; Service Cost: 85.75; Service Cost Waived: No

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  • 07/07/2020
  • DocketNotice of Posting of Jury Fees; Filed by: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant)

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  • 07/07/2020
  • DocketDemand for Jury Trial; Filed by: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant)

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  • 07/07/2020
  • DocketCross-Complaint; Filed by: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); As to: CONCEPCION MELARA (Plaintiff)

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  • 07/07/2020
  • DocketSummons on Complaint; Issued and Filed by: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); As to: CONCEPCION MELARA (Plaintiff)

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  • 07/07/2020
  • DocketAnswer; Filed by: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); As to: CONCEPCION MELARA (Plaintiff)

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  • 03/24/2020
  • DocketNon-Jury Trial scheduled for 09/17/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/24/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 03/20/2020
  • DocketComplaint; Filed by: CONCEPCION MELARA (Plaintiff); As to: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); METRO (Defendant)

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  • 03/20/2020
  • DocketSummons on Complaint; Issued and Filed by: CONCEPCION MELARA (Plaintiff); As to: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); METRO (Defendant)

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  • 03/20/2020
  • DocketCivil Case Cover Sheet; Filed by: CONCEPCION MELARA (Plaintiff); As to: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (Defendant); METRO (Defendant)

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  • 03/20/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/20/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC02684    Hearing Date: April 20, 2021    Dept: 25

HEARING DATE: Tue., April 20, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Melara v. LACMTA COMP. FILED: 03-20-20

CASE NUMBER: 20STLC02684 DISC. C/O: 08-18-21

NOTICE: OK DISC. MOT. C/O: 09-02-21

TRIAL DATE: 09-17-21

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF’S INITIAL RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

(2) MOTION TO COMPEL PLAINTIFF’S INITIAL RESPONSES TO DEFENDANT’S FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

MOVING PARTY: Defendant Los Angeles County Metropolitan Transportation Authority

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Los Angeles County Metropolitan Transportation Authority’s (1) Motion to Compel Plaintiff’s Initial Responses to Defendant’s Special Interrogatories, Set One and (2) Motion to Compel Plaintiff’s Responses to Defendant’s Form Interrogatories, Set One are CONTINUED TO JUNE 3, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file a supplemental declaration as requested herein. Failure to do so may result in the Motions being placed off calendar or 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: Filed on November 10, 2020 [ ] Late [   ] None

REPLY: None filed as of April 16, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 20, 2020, Plaintiff Concepcion Melara (“Plaintiff”) filed an action against Defendant Los Angeles County Metropolitan Transportation Authority dba Metro, erroneously sued as Los Angeles County Metropolitan Transportation Authority and Metro (“Defendant”). Defendant filed an Answer and a Cross-Complaint against Natalie Arpajian on July 7, 2020.

Defendant filed the instant (1) Motion to Compel Plaintiff’s Initial Responses to Defendant’s Special Interrogatories, Set One and (2) Motion to Compel Plaintiff’s Initial Responses to Form Interrogatories, Set One (the “Motions”) on November 10, 2020. That same day, Plaintiff’s counsel filed a declaration in opposition. No reply brief was filed.

  1. Legal Standard & Discussion

  1. Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Defendant’s counsel presents evidence it served Plaintiff’s counsel with Form Interrogatories, Set One, and Special Interrogatories, Set One, on July 7, 2020. (Mot., Su Decl., ¶ 4, Exh. 1.) Defendant’s counsel granted Plaintiff’s counsel several extensions to provide discovery responses, the last of which required Plaintiff’s responses by November 5, 2020. (Id. at ¶¶ 5-13, Exhs. 2, 4, 5.) Defendant’s counsel states no responses were received as of November 9, 2020. (Id.)

On November 10, 2020, the same day these Motions were filed, Plaintiff’s counsel filed a declaration in opposition stating he spoke to Defendant’s counsel and explained Plaintiff was extremely sick and lost her ability to speak. (Oppo., Canter Decl., ¶¶ 4-5.) Plaintiff’s counsel further states there was an agreement that Plaintiff would have until November 15, 2020 to respond to all discovery. (Id. at ¶ 7.) Plaintiff’s counsel did not provide any written confirmation of this agreement. He also states that discovery responses would be served by November 15, 2020. (Id. at ¶¶ 11.)

Neither Plaintiff nor Defendant filed any additional papers regarding whether Plaintiff served responses to the discovery on November 15, 2020. As such, the Court cannot determine whether the instant Motions are moot. Defendant is ordered to provide a supplemental declaration explaining whether discovery responses were received.

  1. Conclusion & Order

For the foregoing reasons, Defendant Los Angeles County Metropolitan Transportation Authority’s (1) Motion to Compel Plaintiff’s Initial Responses to Defendant’s Special Interrogatories, Set One and (2) Motion to Compel Plaintiff’s Responses to Defendant’s Form Interrogatories, Set One are CONTINUED TO JUNE 3, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file a supplemental declaration as requested herein. Failure to do so may result in the Motions being placed off calendar or denied.

Moving party is ordered to give notice.

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