This case was last updated from Los Angeles County Superior Courts on 10/01/2020 at 01:47:06 (UTC).

DIANE GERALD VS MARSHALL DYMOND, ET AL.

Case Summary

On 02/21/2020 DIANE GERALD filed a Personal Injury - Motor Vehicle lawsuit against MARSHALL DYMOND. 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:

    *******1743

  • Filing Date:

    02/21/2020

  • 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

GERALD DIANE

Defendants

NEP GROUP INC.

DYMOND MARSHALL

Attorney/Law Firm Details

Plaintiff Attorney

IVIE RICKEY

Defendant Attorneys

CRUZ ANNE

CRUZ ANNE S

 

Court Documents

Notice of Ruling - Notice of Ruling

9/29/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Production)

9/29/2020: Minute Order - Minute Order (Hearing on Motion to Compel Production)

Notice (name extension) - Notice RE COURTS ORDER

7/21/2020: Notice (name extension) - Notice RE COURTS ORDER

Minute Order - Minute Order (Court Order Re: Motion to Compel)

7/9/2020: Minute Order - Minute Order (Court Order Re: Motion to Compel)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion to Compel) of 07/09/2020

7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion to Compel) of 07/09/2020

Separate Statement - Separate Statement

7/2/2020: Separate Statement - Separate Statement

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH RESPONSE TO THE REQUEST FOR PRODUCTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF

7/2/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH RESPONSE TO THE REQUEST FOR PRODUCTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF

Answer - Answer

4/29/2020: Answer - Answer

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

4/29/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

4/21/2020: Answer - Answer

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

4/21/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Complaint - Complaint

2/21/2020: Complaint - Complaint

Summons - Summons on Complaint

2/21/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/21/2020: First Amended Standing Order - First Amended Standing Order

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

2/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 02/24/2023
  • Hearing02/24/2023 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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  • 08/20/2021
  • Hearing08/20/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/29/2020
  • DocketUpdated -- Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE WITH RESPONSE TO THE REQUEST FOR PRODUCTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ANNE S. CRUZ; PROPOSED ORDER: Filed By: Nep Group, Inc. (Defendant),Marshall Dymond (Defendant); Result: Granted; Result Date: 09/29/2020

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  • 09/29/2020
  • DocketNotice of Ruling; Filed by: Marshall Dymond (Defendant); Nep Group, Inc. (Defendant)

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  • 09/29/2020
  • DocketMinute Order (Hearing on Motion to Compel Production)

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  • 09/29/2020
  • DocketHearing on Motion to Compel Production scheduled for 09/29/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/29/2020; Result Type to Held - Motion Granted

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  • 07/21/2020
  • DocketNotice RE COURTS ORDER; Filed by: Marshall Dymond (Defendant); As to: Diane Gerald (Plaintiff)

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  • 07/09/2020
  • DocketHearing on Motion to Compel Production scheduled for 09/29/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 07/09/2020
  • DocketMinute Order (Court Order Re: Motion to Compel)

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  • 07/09/2020
  • DocketCertificate of Mailing for (Court Order Re: Motion to Compel) of 07/09/2020; Filed by: Clerk

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5 More Docket Entries
  • 04/21/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Marshall Dymond (Defendant)

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  • 04/21/2020
  • DocketAnswer; Filed by: Marshall Dymond (Defendant); As to: Diane Gerald (Plaintiff)

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  • 02/24/2020
  • DocketNon-Jury Trial scheduled for 08/20/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/24/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/21/2020
  • DocketComplaint; Filed by: Diane Gerald (Plaintiff); As to: Marshall Dymond (Defendant); Nep Group, Inc. (Defendant)

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  • 02/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Diane Gerald (Plaintiff); As to: Marshall Dymond (Defendant); Nep Group, Inc. (Defendant)

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  • 02/21/2020
  • DocketSummons on Complaint; Issued and Filed by: Diane Gerald (Plaintiff); As to: Marshall Dymond (Defendant); Nep Group, Inc. (Defendant)

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  • 02/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01743    Hearing Date: September 29, 2020    Dept: 25

HEARING DATE: Tue., September 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Gerald v. Dymond, et al. COMPL. FILED: 02-21-20

CASE NUMBER: 20STLC01743 DISC. C/O: 07-21-21

NOTICE: OK DISC. MOT. C/O: 08-05-21

TRIAL DATE: 08-20-21

PROCEEDINGS: MOTION TO COMPEL COMPLIANCE WITH RESPONSE TO THE REQUEST FOR PRODUCTION

MOVING PARTY: Defendants Marshall Dymond and NEP Group, Inc.

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION

(CCP § 2031.300)

TENTATIVE RULING:

Defendants Marshall Dymond and NEP Group, Inc.’s Motion to Compel Compliance with Response to the Request for Production is CONTINUED TO NOV 12, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the 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: None filed as of September 25, 2020 [ ] Late [X] None

REPLY: None filed as of September 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 21, 2020, Plaintiff Diane Gerald (“Plaintiff”) filed an action for motor vehicle negligence against Defendants Marshall Dymond (“Dymond”) and NEP Group, Inc. (“NEP”) (collectively, “Defendants”). Defendant Dymond filed an Answer on April 21, 2020 and Defendant NEP filed its Answer on April 29, 2020.

On July 2, 2020, Defendants filed the instant Motion to Compel Compliance with Response to the Request for Production (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

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

Defendants submit evidence that Plaintiff was served with a Demand for Identification and Production of Documents, Set One, on April 21, 2020 by email. (Mot., Cruz Decl., ¶ 2, Exh. A.) Defendants’ counsel granted Plaintiff’s counsel an extension to provide responses until June 9, 2020. (Id. at ¶ 3.) Following Plaintiff’s failure to respond by the extension deadline, on June 17, 2020, Defendants’ counsel sent Plaintiff’s counsel a letter requesting responses without objections within seven days. (Id. at ¶ 5, Exh. B.) On June 18, 2020, Plaintiff’s counsel responded to Defendants’ counsel’s letter stating that he had lost contact with Plaintiff and would be filing a motion to be relieved as counsel. (Id. at ¶ 6, Exh. C.)

Defendants argue that no responses have been provided and thus are entitled to an order compelling Plaintiff to respond. (Mot., pp. 3:21-4:5; Cruz Decl., ¶ 4.) However, Defendants also submitted a separate statement with their Motion, noting that at least some responses have been provided and arguing that good cause exists to provide a further response. (Mot., Separate Statement.)

Due to this inconsistency, Defendants are ordered to file and serve supplemental papers to clarify whether discovery responses have been served. If responses have already been provided, then the proper motion to file would be a motion to compel further responses.

  1. Conclusion & Order

For the foregoing reasons, Defendants Marshall Dymond and NEP Group, Inc.’s Motion to Compel Compliance with Response to the Request for Production is CONTINUED TO NOV 12, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.