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This case was last updated from Los Angeles County Superior Courts on 06/09/2021 at 00:25:39 (UTC).

EDWIN ORTIZ VS ALEXANDER ABBOTT

Case Summary

On 05/25/2018 EDWIN ORTIZ filed a Personal Injury - Motor Vehicle lawsuit against ALEXANDER ABBOTT. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7614

  • Filing Date:

    05/25/2018

  • 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

GEORGINA T. RIZK

 

Party Details

Plaintiff

ORTIZ EDWIN

Defendant

ABBOTT ALEXANDER

Attorney/Law Firm Details

Plaintiff Attorney

HALPERN JESSE LEWIS

Defendant Attorney

ARAKELYAN IRENA

 

Court Documents

Demand for Jury Trial - Demand for Jury Trial

12/26/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

12/26/2019: Answer - Answer

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS AGA

5/7/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO RESPOND TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND REQUEST FOR SANCTIONS AGA

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER FORM AND SPECIAL INTERROGATORIES, SET ONE AND REQUEST FOR SANCTIONS AGAINST PL

5/7/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO ANSWER FORM AND SPECIAL INTERROGATORIES, SET ONE AND REQUEST FOR SANCTIONS AGAINST PL

Minute Order - Minute Order (Court Order)

5/11/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/11/2020

5/11/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/11/2020

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

6/15/2020: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL

Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff to Respond to Request f...)

8/10/2020: Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff to Respond to Request f...)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/12/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/21/2019

11/21/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/21/2019

Summons - on Complaint

5/25/2018: Summons - on Complaint

Civil Case Cover Sheet

5/25/2018: Civil Case Cover Sheet

Complaint

5/25/2018: Complaint

Notice of Case Assignment - Limited Civil Case

5/25/2018: Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 11/01/2021
  • Hearing11/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/01/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 04/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 11/01/2021 08:30 AM

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  • 08/19/2020
  • DocketNotice of Ruling; Filed by: Alexander Abbott (Defendant)

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  • 08/10/2020
  • DocketMinute Order (Hearing on Motion to Compel Plaintiff to Respond to Request f...)

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  • 08/10/2020
  • DocketHearing on Motion to Compel Plaintiff to Respond to Request for Production of Documents, Set One and Request for Sanctions Against Plaintiff and/or His Attorney of Record in the Amount of $461.65 scheduled for 08/10/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/10/2020; Result Type to Held - Motion Granted

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  • 08/10/2020
  • DocketHearing on Motion to Compel Plaintiff to Answer Form and Special Interrogatories, Set One and Request for Sanctions Against Plaintiff and/or His Attorney of Record in the Amount of $461.65. scheduled for 08/10/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/10/2020; Result Type to Held - Motion Granted

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  • 06/15/2020
  • DocketStipulation and Order TO CONTINUE TRIAL; Filed by: Edwin Ortiz (Plaintiff); As to: Alexander Abbott (Defendant)

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  • 06/15/2020
  • DocketUpdated -- Stipulation and Order TO CONTINUE TRIAL: Status changed from Filed to Signed and Filed

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  • 06/15/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 10/22/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 04/20/2021 08:30 AM

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  • 05/11/2020
  • DocketHearing on Motion to Compel Plaintiff to Respond to Request for Production of Documents, Set One and Request for Sanctions Against Plaintiff and/or His Attorney of Record in the Amount of $461.65 scheduled for 08/10/2020 at 09:00 AM in Spring Street Courthouse at Department 26

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13 More Docket Entries
  • 11/21/2019
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 05/28/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 11/21/2019

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  • 11/21/2019
  • DocketNon-Jury Trial scheduled for 05/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/12/2019
  • DocketProof of Service by Substituted Service; Filed by: Edwin Ortiz (Plaintiff); As to: Alexander Abbott (Defendant); Proof of Mailing Date: 11/04/2019; Service Cost: 98.00; Service Cost Waived: No

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  • 05/25/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/25/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/25/2018
  • DocketCivil Case Cover Sheet; Filed by: Edwin Ortiz (Plaintiff)

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  • 05/25/2018
  • DocketComplaint; Filed by: Edwin Ortiz (Plaintiff); As to: Alexander Abbott (Defendant)

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  • 05/25/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 05/25/2018
  • DocketNon-Jury Trial scheduled for 11/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/25/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/28/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC07614    Hearing Date: August 10, 2020    Dept: 26

Ortiz v. Abbott, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Alexander Abbott’s (1) Motion to Compel Plaintiff’s Responses to Form and Special Interrogatories, Request for Monetary Sanctions; and (2) Motion to Compel Plaintiff’s Responses to Request for Production, Request for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF AND COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $200.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Edwin Ortiz (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Alexander Abbott (“Defendant”) on May 25, 2018. On December 24, 2019, Defendant served Form Interrogatories, Special Interrogatories, and Request for Production of Documents on Plaintiff. (Motion, Arakelyan Decl. ¶3 and Exh. A.) To date, Defendant has not received any verified responses to the discovery requests from Plaintiff. (Id. at ¶¶5-6.) Defendant filed the instant (1) Motion to Compel Plaintiff’s Responses to Form and Special Interrogatories, Request for Monetary Sanctions; and (2) Motion to Compel Plaintiff’s Responses to Request for Production, Request for Monetary Sanctions on May 7, 2020. To date, no oppositions have been filed.

Discussion

Based on Plaintiff’s failure to timely respond to the propounded discovery requests, Defendant is entitled to verified responses without objections to the interrogatories and requests for production within twenty (20) days of notice of this Order. (Code Civ. Proc., §§ 2030.290, 2031.300.)

The Court also finds that Plaintiff’s failure to respond is a misuse of the discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of these unopposed motions. Based on a lodestar calculation, the Court finds that sanctions are appropriate in the amount of $200.00 based on one hour of attorney time billed at $200.00 per hour. (Motion, Arakelyan Decl., ¶7.) The sanctions are to be paid within thirty (30) days from the date of Defendant serving notice of this Order.

Defendant Alexander Abbott’s (1) Motion to Compel Plaintiff’s Responses to Form and Special Interrogatories, Request for Monetary Sanctions; and (2) Motion to Compel Plaintiff’s Responses to Request for Production, Request for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF AND COUNSEL ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $200.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

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