This case was last updated from Los Angeles County Superior Courts on 01/06/2021 at 02:03:44 (UTC).

CORNELIUS CASEY VS SCOTT DENNINGTON

Case Summary

On 12/27/2019 CORNELIUS CASEY filed a Personal Injury - Motor Vehicle lawsuit against SCOTT DENNINGTON. 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:

    *******1741

  • Filing Date:

    12/27/2019

  • 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

CASEY CORNELIUS

Defendant

DENNINGTON SCOTT

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorneys

DEWEY BRIAN S.

MILLER ROBERT S

 

Court Documents

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

11/30/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Notice of Ruling - Notice of Ruling

1/4/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

1/4/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

1/5/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/6/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/6/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

7/6/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Plaintiff, Cornelius Casey

8/25/2020: Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Plaintiff, Cornelius Casey

Notice (name extension) - Notice OF CHANGE OF HANDLING ATTORNEY AND FIRM LOCATION

4/23/2020: Notice (name extension) - Notice OF CHANGE OF HANDLING ATTORNEY AND FIRM LOCATION

Demand for Jury Trial - Demand for Jury Trial

3/2/2020: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

3/2/2020: Answer - Answer

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

2/6/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Complaint - Complaint

12/27/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/27/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

12/27/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

12/27/2019: First Amended Standing Order - First Amended Standing Order

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

12/27/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 12/30/2022
  • Hearing12/30/2022 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

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

    Read MoreRead Less
  • 02/17/2021
  • Hearing02/17/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

    Read MoreRead Less
  • 01/05/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

    Read MoreRead Less
  • 01/05/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/05/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 01/05/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/05/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 01/04/2021
  • DocketNotice of Ruling; Filed by: Scott Dennington (Defendant)

    Read MoreRead Less
  • 01/04/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

    Read MoreRead Less
  • 01/04/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/04/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/04/2021; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 12/03/2020
  • DocketHearing on Motion to Compel Deposition of Plaintiff, Cornelius Casey and Request for Sanctions scheduled for 02/17/2021 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
13 More Docket Entries
  • 03/02/2020
  • DocketDemand for Jury Trial; Filed by: Scott Dennington (Defendant)

    Read MoreRead Less
  • 02/06/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Cornelius Casey (Plaintiff); As to: Scott Dennington (Defendant); Mailing Date: 01/29/2020; Cost Waived: No

    Read MoreRead Less
  • 12/30/2019
  • DocketNon-Jury Trial scheduled for 06/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 12/30/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/30/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 12/30/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 12/27/2019
  • DocketComplaint; Filed by: Cornelius Casey (Plaintiff); As to: Scott Dennington (Defendant)

    Read MoreRead Less
  • 12/27/2019
  • DocketCivil Case Cover Sheet; Filed by: Cornelius Casey (Plaintiff); As to: Scott Dennington (Defendant)

    Read MoreRead Less
  • 12/27/2019
  • DocketSummons on Complaint; Issued and Filed by: Cornelius Casey (Plaintiff); As to: Scott Dennington (Defendant)

    Read MoreRead Less
  • 12/27/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 12/27/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC11741    Hearing Date: January 05, 2021    Dept: 25

HEARING DATE: Tue., January 5, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Casey v. Dennington COMP. FILED: 12-27-19

CASE NUMBER: 19STLC11741 DISC. C/O: 05-26-21

NOTICE: OK DISC. MOT. C/O: 06-10-21

TRIAL DATE: 06-25-21

PROCEEDINGS: (1) MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER SPECIAL INTERROGATORIES, SET ONE, AND PAY COSTS AND SANCTIONS

(2) MOTION FOR ORDER COMPELLING PLAINTIFF TO RESPOND TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND PAY COSTS AND SANCTIONS

MOVING PARTY: Defendant Scott Dennington

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Scott Dennington’s unopposed Motions are GRANTED. Plaintiff is ordered to provide verified responses without objections to Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, within thirty (30) days of notice of this order. Defendant’s requests for sanctions are also GRANTED in the amount of $538.00 to be paid within thirty (30) days of notice of this order.

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 December 31, 2020 [ ] Late [X] None

REPLY: None filed as of December 31, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 27, 2019, Plaintiff Cornelius Casey (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Scott Dennington (“Defendant”). Defendant filed his Answer on March 2, 2020.

On July 6, 2020, Defendant filed the instant (1) Motion for Order Compelling Plaintiff to Answer Special Interrogatories, Set One, and Pay Costs and Sanctions and (2) Motion for Order Compelling Plaintiff to Respond to Demand for Production, Set One, and Pay Costs and Sanctions (collectively, the “Motions”). To date, no oppositions have been filed.

  1. Legal Standard & Discussion

  1. Request for Production and Special Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents 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); Code Civ. Proc., § 2031.300, subd. (c).) 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); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant’s counsel served Plaintiff with Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, on February 28, 2020 via regular mail. (Motions, Miller Decl., ¶¶ 2, Exhs. A.) Although not statutorily required, Defendant’s counsel attempted to meet and confer with Plaintiff’s counsel on April 29, 2020, May 18, 2020, and June 10, 2020, regarding the lack of discovery responses without success. (Id. at ¶¶ 3-5.) As of the date of this Motion, Plaintiff has not provided any responses to the discovery. (Id. at ¶ 6.) Thus, Defendant is entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)

  1. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiff’s failure to respond to Defendant’s discovery requests a misuse of the discovery process.

Defendant’s counsel seeks a total of $2,138.00 in sanctions, based on 10 hours of attorney time billed at $200.00 per hour and two filing fees of $69.00. (Motions, Miller Decl., ¶ 7.) However, the amount sought is excessive given the simplicity of the Motions and the lack of opposition and reply. The Court finds $538.00, based on two hours of attorney time and costs of $138.00, to be reasonable. Plaintiff is ordered to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Scott Dennington’s unopposed Motions are GRANTED. Plaintiff is ordered to provide verified responses without objections to Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, within thirty (30) days of notice of this order. Defendant’s requests for sanctions are also GRANTED in the amount of $538.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

Case Number: 19STLC11741    Hearing Date: January 04, 2021    Dept: 25

HEARING DATE: Mon., January 4, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Casey v. Dennington COMP. FILED: 12-27-19

CASE NUMBER: 19STLC11741 DISC. C/O: 05-26-21

NOTICE: OK DISC. MOT. C/O: 06-10-21

TRIAL DATE: 06-25-21

PROCEEDINGS: MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER FORM INTERROGATORIES, SET ONE, AND PAY COSTS AND SANCTIONS

MOVING PARTY: Defendant Scott Dennington

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Scott Dennington’s Motion for Order Compelling Plaintiff to Answer Form Interrogatories, Set One, is GRANTED. Plaintiff is ordered to provide verified responses without objections to the discovery within thirty (30) days’ notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $269.00 to be paid within thirty (30) days’ notice of this order.

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 December 30, 2020 [ ] Late [X] None

REPLY: None filed as of December 30, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 27, 2019, Plaintiff Cornelius Casey (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Scott Dennington (“Defendant”). Defendant filed his Answer on March 2, 2020.

On July 6, 2020, Defendant filed the instant Motion for Order Compelling Plaintiff to Answer Form Interrogatories, Set One, and Pay Costs and Sanctions (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

  1. Form 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.)

Here, Defendant’s counsel served Plaintiff with Form Interrogatories, Set One, on February 28, 2020 via regular mail. (Mot., Miller Decl., ¶ 2, Exh. A.) Although not statutorily required, Defendant’s counsel attempted to meet and confer with Plaintiff’s counsel on April 29, 2020, May 18, 2020, and June 10, 2020, without success. (Id. at ¶¶ 3-5.) As of the date of this Motion, Plaintiff has not provided any responses to the Form Interrogatories. (Id. at ¶ 6.) Thus, Defendant is entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., § 2030.290.)

  1. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiff’s failure to respond to Defendant’s discovery requests a misuse of the discovery process.

Defendant’s counsel seeks a total of $1,060.00 in sanctions, based on 5 hours of attorney time billed at $200.00 per hour and costs of $69.00 incurred in filing this Motion. (Mot., Miller Decl., ¶ 7.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $269.00, based on one hour of attorney time and costs of $69.00, to be reasonable. Plaintiff is ordered to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Scott Dennington’s Motion for Order Compelling Plaintiff to Answer Form Interrogatories, Set One, is GRANTED. Plaintiff is ordered to provide verified responses without objections to the discovery within thirty (30) days’ notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $269.00 to be paid within thirty (30) days’ notice of this order.

Moving party is ordered to give notice.