This case was last updated from Los Angeles County Superior Courts on 08/15/2021 at 00:05:16 (UTC).

DERRONE HARRIS VS ARLEN PETERS

Case Summary

On 09/30/2019 DERRONE HARRIS filed a Personal Injury - Uninsured Motor Vehicle lawsuit against ARLEN PETERS. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9007

  • Filing Date:

    09/30/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

HARRIS DERRONE

Defendant

PETERS ARLEN

Attorney/Law Firm Details

Plaintiff Attorney

MARCHIONDO PHILLIP L.

Defendant Attorney

HOUGHTON LOWELL G.

 

Court Documents

Declaration (name extension) - Declaration OF PHILIP L. MARCHIONDO IN OPPOSITION TO DEFENDANTS MOTION FOR ORDER COMPELLING PLAINTIFF DERRONE HARRIS TO ANSWER FORM AND SPECIAL INTERROGATORIES

3/30/2021: Declaration (name extension) - Declaration OF PHILIP L. MARCHIONDO IN OPPOSITION TO DEFENDANTS MOTION FOR ORDER COMPELLING PLAINTIFF DERRONE HARRIS TO ANSWER FORM AND SPECIAL INTERROGATORIES

Declaration (name extension) - Declaration OF PHILIP L. MARCHIONDO IN OPPOSITION TO DEFENDANTS MOTION FOR ORDER COMPELLING PLAINTIFF DERRONE HARRIS TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS

3/30/2021: Declaration (name extension) - Declaration OF PHILIP L. MARCHIONDO IN OPPOSITION TO DEFENDANTS MOTION FOR ORDER COMPELLING PLAINTIFF DERRONE HARRIS TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS

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

5/26/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice of Ruling - Notice of Ruling

6/14/2021: Notice of Ruling - Notice of Ruling

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

6/29/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER TERMINATING SANCTIONS AND DISMISSAL OF THE ACTION BASED ON FAILURE TO OBEY THE COURT'S ORDER COMPELLING RESPO

7/23/2021: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER TERMINATING SANCTIONS AND DISMISSAL OF THE ACTION BASED ON FAILURE TO OBEY THE COURT'S ORDER COMPELLING RESPO

Minute Order - Minute Order (Jury Trial)

8/13/2021: Minute Order - Minute Order (Jury Trial)

Notice (name extension) - Notice of Hearing Dates for Previously Filed Motions to Compel

10/22/2020: Notice (name extension) - Notice of Hearing Dates for Previously Filed Motions to Compel

Stipulation and Order (name extension) - Stipulation and Order [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central Distric

3/26/2021: Stipulation and Order (name extension) - Stipulation and Order [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central Distric

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

6/11/2020: 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

6/11/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Answer - Answer

11/5/2019: Answer - Answer

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

11/5/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Demand for Jury Trial - Demand for Jury Trial

11/5/2019: Demand for Jury Trial - Demand for Jury Trial

Proof of Personal Service - Proof of Personal Service

10/23/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

9/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

9/30/2019: Complaint - Complaint

Summons - Summons on Complaint

9/30/2019: Summons - Summons on Complaint

7 More Documents Available

 

Docket Entries

  • 08/13/2021
  • DocketOn the Complaint filed by Derrone Harris on 09/30/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 08/13/2021
  • DocketMinute Order (Jury Trial)

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  • 08/13/2021
  • DocketJury Trial scheduled for 08/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/13/2021; Result Type to Held

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  • 08/13/2021
  • DocketOn the Court's own motion, Hearing on Motion for Terminating Sanctions scheduled for 11/04/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/13/2021

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  • 08/12/2021
  • DocketUpdated -- Event scheduled for 08/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 07/23/2021
  • DocketMotion for Order NOTICE OF MOTION AND MOTION FOR ORDER TERMINATING SANCTIONS AND DISMISSAL OF THE ACTION BASED ON FAILURE TO OBEY THE COURT'S ORDER COMPELLING RESPONSES TO DISCOVERY AND PAY MONETARY SANCTIONS; Filed by: Arlen Peters (Defendant)

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  • 07/23/2021
  • DocketHearing on Motion for Terminating Sanctions scheduled for 11/04/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 06/29/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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  • 06/29/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 06/29/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/29/2021; Result Type to Held - Motion Granted

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  • 06/14/2021
  • DocketNotice of Ruling; Filed by: Arlen Peters (Defendant)

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16 More Docket Entries
  • 11/05/2019
  • DocketDemand for Jury Trial; Filed by: Arlen Peters (Defendant)

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  • 11/05/2019
  • DocketAnswer; Filed by: Arlen Peters (Defendant); As to: Derrone Harris (Plaintiff)

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  • 10/23/2019
  • DocketProof of Personal Service; Filed by: Derrone Harris (Plaintiff); As to: Arlen Peters (Defendant); Service Date: 10/22/2019; Service Cost: 58.50; Service Cost Waived: No

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  • 10/01/2019
  • DocketNon-Jury Trial scheduled for 03/29/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/01/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/30/2019
  • DocketComplaint; Filed by: Derrone Harris (Plaintiff); As to: Phillip L. Marchiondo (Attorney); Arlen Peters (Defendant)

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  • 09/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Derrone Harris (Plaintiff); As to: Phillip L. Marchiondo (Attorney)

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  • 09/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Derrone Harris (Plaintiff); As to: Phillip L. Marchiondo (Attorney)

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  • 09/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09007    Hearing Date: May 26, 2021    Dept: 25

PROCEEDINGS: (1) MOTION FOR ORDER COMPELLING PLAINTIFF DERRONE HARRIS TO ANSWER FORM AND SPECIAL INTERROGATORIES AND REQUEST FOR SANCTIONS

(2) MOTION FOR ORDER COMPELLING PLAINTIFF DERRONE HARRIS TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS

MOVING PARTY: Defendant Arlen Peters

RESP. PARTY: Plaintiff Derrone Harris’s Counsel Philip Marchiondo

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Arlen Peter’s (1) Motion for Order Compelling Plaintiff to Answer Form and Special Interrogatories is GRANTED. Plaintiff is ordered to serve verified responses without objections within thirty (30) days of notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $511.65 to be paid to Defendant’s counsel by Plaintiff only within thirty (30) days of notice of this order.

However, Defendant’s (2) Motion for Order Compelling Plaintiff to Respond to Request for Production of Documents is CONTINUED TO JUNE 29, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five (5) days before the next scheduled hearing, Defendant must pay one additional filing fee. Failure to do so will result in the Production Motion 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 March 30, 2021 [ ] Late [ ] None

REPLY: None filed as of May 24, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On September 30, 2019, Plaintiff Derrone Harris (“Plaintiff”) filed an action alleging motor vehicle negligence against Defendant Arlen Peters (“Defendant”). Defendant filed an Answer on November 5, 2019.

Defendant filed the instant (1) Motion for Order Compelling Plaintiff to Answer Form and Special Interrogatories and Request for Sanctions (the “Interrogatories Motion”) and (2) Motion for Order Compelling Plaintiff to Respond to Request for Production of Documents and Request for Sanctions (the “Production Motion”) (collectively, the “Motions”). Plaintiff’s counsel Philip Marchiondo (“Marchiondo”) filed a declaration in opposition on March 30, 2021. No reply brief was filed.

II. Legal Standard & Discussion

A. Improper Combination of Motions

As an initial matter, the Court notes that Defendant impermissibly filed three separate requests for relief as two Motions. Combining discovery motions allows the moving party to avoid paying the requisite filing fees. Filing fees are jurisdictional and it is mandatory for court clerks to demand and receive them. (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)

Here, Defendant paid only two filing fees for what should have been three separate motions. Thus, the Court considers only the Interrogatories Motion. Before a ruling on the Production Motion may be issued, Defendant must pay one additional filing fee.

B. Form and Special 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 served Form Interrogatories, Set One, and Special Interrogatories, Set One, on Plaintiff’s counsel on November 4, 2019 via regular mail. (Interrogatories Mot., Houghton Decl., ¶ 3, Exh. A.) Defendant’s counsel sent Plaintiff’s counsel an email on January 7, 2020 regarding the lack of responses. (Id. at ¶ 4.) As of the date this Motion was filed, no discovery responses had yet been served. (Id. at ¶ 5.) Thus, Defendant is entitled to an order compelling Plaintiff to serve verified responses without objections. (Code Civ. Proc., § 2030.290.)

B. 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 Form and Special Interrogatories a misuse of the discovery process.

Defendant seeks $661.65 in sanctions based on two hours of attorney time billed at $300.00 per hour and one filing fee of $61.65. (Motions, Houghton Decl., ¶¶ 7.) However, the amount sought is excessive given the simplicity of this Motion and the lack of reply. The Court finds $511.65, based on 1.5 hours of attorney time and one filing fee to be reasonable.

In opposition, Plaintiff’s counsel filed a declaration explaining he has been unable to locate Plaintiff and thus, has been unable to provide responses. (Oppo., Marchiondo Decl., ¶¶ 3-4.) Plaintiff’s counsel asks that the Court not impose sanctions on him or his office. (Id.)

Sanctions are to be paid by Plaintiff only within thirty (30) days of notice of this order.

III. Conclusion & Order

For the foregoing reasons, Defendant Arlen Peter’s (1) Motion for Order Compelling Plaintiff to Answer Form and Special Interrogatories is GRANTED. Plaintiff is ordered to serve verified responses without objections within thirty (30) days of notice of this order. Defendant’s request for sanctions is also GRANTED in the amount of $511.65 to be paid to Defendant’s counsel by Plaintiff only within thirty (30) days of notice of this order.

However, Defendant’s (2) Motion for Order Compelling Plaintiff to Respond to Request for Production of Documents is CONTINUED TO JUNE 29, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five (5) days before the next scheduled hearing, Defendant must pay one additional filing fee. Failure to do so will result in the Production Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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