This case was last updated from Los Angeles County Superior Courts on 09/11/2020 at 08:20:50 (UTC).

CURTIS VICTOR BENNETT VS SCOTT CUMMINGS MCKEE

Case Summary

On 01/11/2019 CURTIS VICTOR BENNETT filed an Other lawsuit against SCOTT CUMMINGS MCKEE. 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:

    *******0357

  • Filing Date:

    01/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

BENNETT CURTIS VICTOR

Los Angeles, CA 90026

Defendant

MCKEE SCOTT CUMMINGS

West Hollywood, CA 90069

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Deeming Defendant's Requests for ...) of 02/06/2020

2/6/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Deeming Defendant's Requests for ...) of 02/06/2020

General Denial - General Denial

3/29/2019: General Denial - General Denial

General Denial - General Denial

4/8/2019: General Denial - General Denial

Proof of Service by Mail - Proof of Service by Mail

4/9/2019: Proof of Service by Mail - Proof of Service by Mail

Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

1/15/2019: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

1/15/2019: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Proof of Service (not Summons and Complaint) - Proof of electronic service

1/30/2019: Proof of Service (not Summons and Complaint) - Proof of electronic service

Declaration (name extension) - Declaration of Scott C. McKee

1/30/2019: Declaration (name extension) - Declaration of Scott C. McKee

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/4/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Supplemental Declaration (name extension) - Supplemental Declaration of Scott C. McKee in Opposition to Plaintiff's Application for Writ of Possession

2/4/2019: Supplemental Declaration (name extension) - Supplemental Declaration of Scott C. McKee in Opposition to Plaintiff's Application for Writ of Possession

Order (name extension) - Order Denying Application For Writ of Possession

2/6/2019: Order (name extension) - Order Denying Application For Writ of Possession

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

1/30/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

First Amended Standing Order - First Amended Standing Order

1/11/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

1/11/2019: Complaint - Complaint

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

1/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/11/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/11/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Minute Order - Minute Order (Ex-Parte Proceedings Plaintiff's Application for Writ of Poss...)

1/15/2019: Minute Order - Minute Order (Ex-Parte Proceedings Plaintiff's Application for Writ of Poss...)

15 More Documents Available

 

Docket Entries

  • 06/24/2021
  • Hearing06/24/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/07/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/07/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/14/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/07/2020

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  • 05/07/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 07/10/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 06/24/2021 08:30 AM

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  • 02/06/2020
  • DocketMinute Order (Hearing on Motion for Order Deeming Defendant's Requests for ...)

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  • 02/06/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Order Deeming Defendant's Requests for ...) of 02/06/2020; Filed by: Clerk

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  • 02/06/2020
  • DocketHearing on Motion for Order Deeming Defendant's Requests for Admission (Sets 1,2,3,4) Admitted, and for Terminating Sanctions. scheduled for 02/06/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/06/2020; Result Type to Held

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  • 12/31/2019
  • DocketHearing on Motion for Order Deeming Defendant's Requests for Admission (Sets 1,2,3,4) Admitted, and for Terminating Sanctions. scheduled for 02/06/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/30/2019
  • DocketMotion for Order Deeming Defendant's Requests for Admission (Sets 1, 2, 3, 4) Admitted, and for Terminating Sanctions; Memorandum of Points & Authorities; Declaration of Scott Cummings Mckee (with Exhibits) & receipt; Filed by: Scott Cummings Mckee (Defendant)

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  • 12/30/2019
  • DocketProof of Service by Mail; Filed by: Scott Cummings Mckee (Defendant); As to: Curtis Victor Bennett (Plaintiff)

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23 More Docket Entries
  • 01/11/2019
  • DocketComplaint; Filed by: Curtis Victor Bennett (Plaintiff); As to: Scott Cummings Mckee (Defendant)

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  • 01/11/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/11/2019
  • DocketRequest to Waive Court Fees; Filed by: Curtis Victor Bennett (Plaintiff)

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  • 01/11/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Curtis Victor Bennett (Plaintiff)

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  • 01/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Curtis Victor Bennett (Plaintiff)

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  • 01/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/11/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/11/2019
  • DocketNon-Jury Trial scheduled for 07/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC00357    Hearing Date: February 06, 2020    Dept: 26

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Defendant Scott Cummings McKee’s Motion to Deem Admitted Matters and for Terminating Sanctions is GRANTED in part and DENIED in part.

The Requests for Admission, Sets 1-4, served by Defendant on Plaintiff are DEEMED ADMITTED.

The Request for Terminating Sanctions is DENIED.

ANALYSIS:

From February to April 2019, Defendant Scott Cummings McKee (“Defendant”) served Requests for Admissions, Sets 1-4 on Plaintiff Curtis Victor Bennett. (Motion, McKee Decl., ¶2 and Exhs. A-C.) The last of the responses was due by May 16, 2019, but to date, no responses have been served. (Id. at ¶¶3-4.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Terminating Sanctions (the “Motion”) on December 30, 2019.

Deem Requests for Admission Admitted

Plaintiff has not provided verified responses to the discovery propounded by Defendant nor filed an opposition to the instant Motion. The responses were due at the latest by May 16, 2019. (Code Civ. Proc., § 2033.280.) There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280, subd. (c).) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280, subd. (c).) Based on the foregoing, Defendant is entitled to an order deeming the requests for admission admitted. (Code Civ. Proc., § 2033.280, subd. (b).)

Terminating Sanctions

Where a party engages in misuse of the discovery process, including failing to respond to an authorized method of discovery, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) However, ultimate discovery sanctions are only justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) The court may impose a terminating sanction by one of the following orders:

(1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process.

(2) An order staying further proceedings by that party until an order for discovery is obeyed.

(3) An order dismissing the action, or any part of the action, of that party.

(4) An order rendering a judgment by default against that party.

(Code Civ. Proc., § 2023.030, subd. (d).)

Here, there is no showing that there has been willful violation of a discovery order, a history of abuse of the discovery process or evidence showing that lesser sanctions would not be effective. Instead, Defendant moves for dismissal of Plaintiff’s action as a terminating sanction on the grounds that one of the requests for admissions admits “that Plaintiff does not now have, and has never had any right to any recovery whatsoever from Defendant arising from Plaintiff’s Complaint.” (Motion, McKee Decl., Exh. C, Request No. 6.) There is no authority that terminating sanctions may be awarded based on an admitted request for admission. As noted above, terminating sanctions are awarded for persistent and willful abuses of the discovery process.

Conclusion

Defendant Scott Cummings McKee’s Motion to Deem Requests for Admission Admitted and for Terminating Sanctions is GRANTED in part and DENIED in part.

The Requests for Admission, Sets 1-4, served by Defendant on Plaintiff are DEEMED ADMITTED.

The Request for Terminating Sanctions is DENIED.

Moving party to give notice.