This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 00:12:06 (UTC).

DIANE SHERMAN VS MIGUEL GUZMAN, III

Case Summary

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, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4102

  • Filing Date:

    04/26/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

SHERMAN DIANE

Inglewood, CA 90302

Defendant

GUZMAN MIGUEL III

Attorney/Law Firm Details

Defendant Attorney

MARGARYAN MARY

 

Court Documents

Motion to Compel (name extension) - Motion to Compel Defendant's Notice of Motion and Motion to Compel Answers to Form and Special Interrogatories

2/5/2020: Motion to Compel (name extension) - Motion to Compel Defendant's Notice of Motion and Motion to Compel Answers to Form and Special Interrogatories

Motion to Compel (name extension) - Motion to Compel Defendant's Notice of Motion and Motion to Compel Response to Request for Production of Documents

2/5/2020: Motion to Compel (name extension) - Motion to Compel Defendant's Notice of Motion and Motion to Compel Response to Request for Production of Documents

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

2/13/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

3/12/2020: Minute Order - Minute Order (Hearing on Motion to Compel Interrogatories)

Request for Dismissal - Request for Dismissal

6/3/2020: Request for Dismissal - Request for Dismissal

Demand for Jury Trial - Demand for Jury Trial

8/6/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

8/6/2019: Answer - Answer

Complaint - Complaint

4/26/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/26/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

4/26/2019: Summons - Summons on Complaint

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

4/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

4/26/2019: First Amended Standing Order - First Amended Standing Order

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

4/26/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1 More Documents Available

 

Docket Entries

  • 06/04/2020
  • DocketNon-Jury Trial scheduled for 10/23/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/04/2020

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  • 06/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/29/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/04/2020

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  • 06/03/2020
  • DocketOn the Complaint filed by Diane Sherman on 04/26/2019, entered Request for Dismissal with prejudice filed by Diane Sherman as to the entire action

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  • 03/12/2020
  • DocketMinute Order (Hearing on Motion to Compel Interrogatories)

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  • 03/12/2020
  • DocketHearing on Motion to Compel Interrogatories scheduled for 03/12/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/12/2020; Result Type to Held

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  • 02/13/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Miguel Guzman, III (Defendant)

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  • 02/06/2020
  • DocketHearing on Motion to Compel Interrogatories scheduled for 03/12/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 02/06/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/12/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/06/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/12/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/05/2020
  • DocketMotion to Compel Defendant's Notice of Motion and Motion to Compel Response to Request for Production of Documents; Filed by: Miguel Guzman, III (Defendant); As to: Diane Sherman (Plaintiff)

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4 More Docket Entries
  • 04/26/2019
  • DocketComplaint; Filed by: Diane Sherman (Plaintiff); As to: Miguel Guzman, III (Defendant)

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  • 04/26/2019
  • 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

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  • 04/26/2019
  • DocketRequest to Waive Court Fees; Filed by: Diane Sherman (Plaintiff)

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  • 04/26/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Diane Sherman (Plaintiff)

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  • 04/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Diane Sherman (Plaintiff)

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  • 04/26/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 04/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/26/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/26/2019
  • DocketNon-Jury Trial scheduled for 10/23/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

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.