This case was last updated from Los Angeles County Superior Courts on 08/18/2019 at 03:55:00 (UTC).

CRISTINA L. BUNCH VS ANGELIQUE FLORES, ET AL.

Case Summary

On 01/31/2019 a Other case was filed by CRISTINA L BUNCH against ANGELIQUE FLORES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1144

  • Filing Date:

    01/31/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JAMES E. BLANCARTE

 

Party Details

Plaintiff

BUNCH CRISTINA L.

Defendants

FLORES ANGELIQUE

FACEBOOK INC. A DELAWARE CORPORATION

 

Court Documents

Answer - Answer

4/12/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

3/5/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

1/31/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

1/31/2019: First Amended Standing Order - First Amended Standing Order

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

1/31/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

1/31/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

1/31/2019: Summons - Summons on Complaint

 

Docket Entries

  • 02/03/2022
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/30/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/12/2019
  • DocketAnswer; Filed by: Angelique Flores (Defendant)

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  • 03/05/2019
  • DocketProof of Personal Service; Filed by: Cristina L. Bunch (Plaintiff); As to: Angelique Flores (Defendant); Service Date: 02/25/2019; Service Cost: 719.80; Service Cost Waived: No

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  • 02/05/2019
  • DocketNon-Jury Trial scheduled for 07/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 01/31/2019
  • DocketComplaint; Filed by: Cristina L. Bunch (Plaintiff); As to: Angelique Flores (Defendant); Facebook, Inc., a Delaware Corporation (Defendant)

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  • 01/31/2019
  • DocketSummons on Complaint; Issued and Filed by: Cristina L. Bunch (Plaintiff); As to: Angelique Flores (Defendant); Facebook, Inc., a Delaware Corporation (Defendant)

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  • 01/31/2019
  • DocketCivil Case Cover Sheet; Filed by: Cristina L. Bunch (Plaintiff); As to: Angelique Flores (Defendant); Facebook, Inc., a Delaware Corporation (Defendant)

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  • 01/31/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/31/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01144    Hearing Date: December 19, 2019    Dept: 94

Bunch v. Flores, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Plaintiff Christina Bunch’s Discovery Motions are PLACED OFF CALENDAR. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

SERVICE:

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

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

[X] 16/21 Day Lapse (CCP 12c and 1005 (b)) OK

SUMMARY OF COMPLAINT: Action for monetary damages and injunctive relief regarding control over the Facebook page of Decedent Jonathan Bunch.

GROUNDS FOR MOTION: The Court should compel Defendant Flores to provide verified responses to the interrogatories and document demands, without objections. (Code Civ. Proc., §§ 2030.290; 2031.300.) Also, the Court should sanction Defendant Flores for failing to serve responses to said discovery.

OPPOSITION: None filed as of December 11, 2019.

REPLY: None filed as of December 11, 2019.

Bunch v. Flores, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Plaintiff Christina Bunch’s Discovery Motions are PLACED OFF CALENDAR. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ANALYSIS:

Plaintiff Christina Bunch (“Plaintiff”) filed the instant action for monetary damages and injunctive relief against Defendants Angelique Flores and Facebook, Inc. (“Defendants”). Plaintiff filed the instant discovery Motions on September 19, 2019.

As a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint. Specifically, the requests for injunctive relief are outside the jurisdiction of this Court. (See Code Civ. Proc., §§ 85, 86, subds. (a)(8).)

THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

Court clerk to give notice.

Case Number: 19STLC01144    Hearing Date: December 16, 2019    Dept: 94

Bunch v. Flores, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Plaintiff Christina Bunch’s Discovery Motions are PLACED OFF CALENDAR. THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ANALYSIS:

Plaintiff Christina Bunch (“Plaintiff”) filed the instant action for monetary damages and injunctive relief against Defendants Angelique Flores and Facebook, Inc. (“Defendants”). Plaintiff filed the instant discovery Motions on September 19, 2019.

As a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint. Specifically, the requests for injunctive relief are outside the jurisdiction of this Court. (See Code Civ. Proc., §§ 85, 86, subds. (a)(8).)

THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

Court clerk to give notice.

Case Number: 19STLC01144    Hearing Date: November 06, 2019    Dept: 94

Bunch v. Flores, et al.

MOTION TO COMPEL DEFENDANT’S RESPONSES TO SPECIAL INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS, AND FOR MONETARY SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Plaintiff Christina Bunch’s Motion to Compel Defendant’s Responses to Special Interrogatories and Requests for Production of Documents, and for Monetary Sanctions CONTINUED to December 16, 2019 at 8:30 a.m. in Department 94.

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 Nov. 3, 2019 [ ] Late [X] None

REPLY: None filed as of Nov. 3, 2019 [ ] Late [X] None

ANALYSIS:

I. Discussion

On September 19, 2019, Plaintiff Christina Bunch (“Plaintiff”) filed the instant Motion to Compel Responses to Special Interrogatories and Requests for Production of Documents, and for Monetary Sanctions against Defendant Angelique Flores (“Defendant”).

The Court notes, however, that Plaintiff brought one motion to compel discovery on two different discovery methods (special interrogatories and requests for production of documents) and paid only one filing fee. It is improper to combine motions seeking different discovery remedies. Plaintiff may only file one discovery motion for each of the two discovery methods: that is, (1) a motion to compel responses to special interrogatories and (2) a motion to compel responses to requests for production of documents.

“[P]ayment of filing fees is both mandatory and jurisdictional.” (Hu v. Silgan Containers Corp. (1999) 70 Cal.App.4th 1261, 1269.) “Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (CRC 8.25(c).) Because Plaintiff has only paid one filing fee for the improperly combined Motion instead of two filing fees, the Court cannot consider the Motion at this time.

II. Conclusion & Order

Plaintiff is ordered to pay an additional filing fee at least 16 court days before the next hearing date. The Motion is CONTINUED to December 16, 2019 at 8:30 a.m. in Department 94.

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.