On 04/26/2019 DIANE SHERMAN filed a Personal Injury - Motor Vehicle lawsuit against MIGUEL GUZMAN, III. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******4102
04/26/2019
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
WENDY CHANG
SHERMAN DIANE
Inglewood, CA 90302
GUZMAN MIGUEL III
MARGARYAN MARY
8/6/2019: Demand for Jury Trial - Demand for Jury Trial
8/6/2019: Answer - Answer
4/26/2019: Complaint - Complaint
4/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/26/2019: Summons - Summons on Complaint
4/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
4/26/2019: First Amended Standing Order - First Amended Standing Order
4/26/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
Hearing04/29/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing10/23/2020 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketAnswer; Filed by: Miguel Guzman, III (Defendant)
DocketDemand for Jury Trial; Filed by: Miguel Guzman, III (Defendant)
DocketComplaint; Filed by: Diane Sherman (Plaintiff); As to: Miguel Guzman, III (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/29/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketRequest to Waive Court Fees; Filed by: Diane Sherman (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Diane Sherman (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Diane Sherman (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 10/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 19STLC04102 Hearing Date: March 12, 2020 Dept: 26
Sherman v. Guzman, III, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendant Miguel Guzman III’s (1) Motion For Order Compelling Plaintiff Diane Sherman To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff Diane Sherman To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff Diane Sherman to Respond to Request for Production of Documents; Request For Sanctions are GRANTED.
PLAINTIFF DIANE SHERMAN IS ORDERED TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE REQUEST FOR SANCTIONS IS ALSO GRANTED AGAINST PLAINTIFF IN THE AMOUNT OF $355.00. SANCTIONS ARE TO BE PAID TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
Plaintiff Diane Sherman (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Miguel Guzman III (“Defendant”) on April 24, 2019. On February 5, 2020, Defendant filed the instant discovery Motions. To date, no oppositions have been filed.
On August 6, 2019, Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiff by mail. (Motions, Margaryan Decl., ¶¶3-4 and Exhs. A-B.) To date, Defendant has not received verified responses to the propounded discovery requests from Plaintiff. (Id. at ¶¶4-10.) Accordingly, Defendant is entitled to an order that Plaintiff serve verified responses without objection to the written discovery propounded on August 6, 2019. (Code Civ. Proc., §§ 2030.290; 2031.300.) Responses are due within 20 days.
The Court also finds that Plaintiff’s failure to respond is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive given the simplicity of these nearly identical motions. Sanctions are awarded against Plaintiff in the amount of $355.00 based on one hour of attorney time billed at $175.00 per hour, and three filing fees of $60.00 each. (Motions, Margaryan Decl., ¶12.) Sanctions are to be paid within 30 days.
Therefore, Defendant Miguel Guzman III’s (1) Motion For Order Compelling Plaintiff Diane Sherman To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff Diane Sherman To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff Diane Sherman to Respond to Request for Production of Documents; Request For Sanctions are GRANTED.
PLAINTIFF DIANE SHERMAN IS ORDERED TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE REQUEST FOR SANCTIONS IS ALSO GRANTED AGAINST PLAINTIFF IN THE AMOUNT OF $355.00. SANCTIONS ARE TO BE PAID TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.