This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 02:35:01 (UTC).

ERNIE MARTIN GUTIERREZ VS MANUEL BERUMEN, ET AL.

Case Summary

On 06/21/2019 ERNIE MARTIN GUTIERREZ filed a Personal Injury - Motor Vehicle lawsuit against MANUEL BERUMEN. 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:

    *******5984

  • Filing Date:

    06/21/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GUTIERREZ ERNIE MARTIN

Defendants

BERUMEN ELEANOR

BERUMEN MANUEL

Attorney/Law Firm Details

Defendant Attorney

MUNOZ J. DAVID

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Further Discovery Responses) of 09/30/2021

9/30/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Further Discovery Responses) of 09/30/2021

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

9/30/2021: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses)

Declaration (name extension) - Declaration in Support of Motion to Compel Further Discovery Responses

9/14/2021: Declaration (name extension) - Declaration in Support of Motion to Compel Further Discovery Responses

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/13/2021

7/13/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/13/2021

Minute Order - Minute Order (Court Order)

7/13/2021: Minute Order - Minute Order (Court Order)

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

7/13/2021: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Proof of Service by Mail - Proof of Service by Mail

8/16/2021: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

8/23/2021: Proof of Service by Mail - Proof of Service by Mail

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 12/04/2020

12/4/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 12/04/2020

Minute Order - Minute Order (Court Order)

12/4/2020: Minute Order - Minute Order (Court Order)

Other - (name extension) - Other - miscellaneous

4/27/2020: Other - (name extension) - Other - miscellaneous

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/26/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

12/5/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

12/30/2019: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Notice (name extension) - Notice completed service of summon and complaint

8/5/2019: Notice (name extension) - Notice completed service of summon and complaint

Proof of Personal Service - Proof of Personal Service

8/5/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

8/5/2019: Proof of Personal Service - Proof of Personal Service

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

8/22/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

13 More Documents Available

 

Docket Entries

  • 06/24/2022
  • Hearing06/24/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 12/01/2021
  • Hearing12/01/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 11/02/2021
  • Hearing11/02/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

    Read MoreRead Less
  • 09/30/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 11/02/2021 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 09/30/2021
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses)

    Read MoreRead Less
  • 09/30/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Further Discovery Responses) of 09/30/2021; Filed by: Clerk

    Read MoreRead Less
  • 09/30/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Further Discovery Responses scheduled for 09/30/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/02/2021 10:30 AM

    Read MoreRead Less
  • 09/14/2021
  • DocketDeclaration in Support of Motion to Compel Further Discovery Responses; Filed by: Ernie Martin Gutierrez (Plaintiff)

    Read MoreRead Less
  • 08/23/2021
  • DocketProof of Service by Mail; Filed by: Manuel Berumen (Defendant); As to: Ernie Martin Gutierrez (Plaintiff)

    Read MoreRead Less
  • 08/16/2021
  • DocketProof of Service by Mail; Filed by: Manuel Berumen (Defendant); Eleanor Berumen (Defendant); As to: Ernie Martin Gutierrez (Plaintiff)

    Read MoreRead Less
24 More Docket Entries
  • 06/27/2019
  • DocketOrder on Court Fee Waiver (Superior Court) GRANTED; Filed by: Clerk; As to: Ernie Martin Gutierrez (Plaintiff)

    Read MoreRead Less
  • 06/26/2019
  • DocketRequest to Waive Court Fees; Filed by: Ernie Martin Gutierrez (Plaintiff)

    Read MoreRead Less
  • 06/26/2019
  • DocketNon-Jury Trial scheduled for 12/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/26/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/21/2019
  • DocketUpdated -- Request to Waive Court Fees: Status Date changed from 06/26/2019 to 06/21/2019

    Read MoreRead Less
  • 06/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Ernie Martin Gutierrez (Plaintiff)

    Read MoreRead Less
  • 06/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 06/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 06/21/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 06/21/2019
  • DocketComplaint; Filed by: Ernie Martin Gutierrez (Plaintiff); As to: Manuel Berumen (Defendant); Eleanor Berumen (Defendant)

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 19STLC05984 Hearing Date: September 30, 2021 Dept: 25

PROCEEDINGS: MOTION OF DISCOVERY, NOTICE OF DEFAULT OF DEFENDANT(S), FAILURE TO RESPOND IN WRITING; NOTICE TO PRODUCE

MOVING PARTY: Plaintiff Ernie M. Gutierrez, in pro per

RESP. PARTY: None

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

(CCP §2031.300)

TENTATIVE RULING:

Plaintiff Ernie M. Gutierrez’s Motion is CONTINUED TO NOVEMBER 2, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the issues discussed herein. Failure to do so will result in the Motion being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of September 28, 2021 [ ] Late [X] None

REPLY: None filed as of September 28, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On June 21, 2019, self-represented Plaintiff Ernie Martin Gutierrez (“Plaintiff”) filed an action against Defendants Manuel Berumen Jr. (“Manuel”) and Eleanor Berumen (“Eleanor”). Defendants filed a joint Answer, in pro per, on August 22, 2019.

Plaintiff filed the instant Motion of Discovery, Notice of Default of Defendant(s), Failure to Respond in Writing, and Notice to Produce (the “Motion”) on July 13, 2021. The Court issued a Minute Order that same day scheduling a hearing on the Motion for September 30, 2021. (7/13/21 Minute Order.) The court clerk gave notice to Plaintiff, who was ordered to give notice to Defendants. (Id.) No proof of service was filed demonstrating Plaintiff gave Defendants notice of the Court’s July 13 Order.

Plaintiff thereafter filed a supporting declaration on September 14.

No opposition was filed.

II. Legal Standard & Discussion

First, the Court notes that Plaintiff did not include a proof of service demonstrating the Motion or the supplemental declaration were properly served on Defendants. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot rule on the Motion until Defendants have been given notice in accordance with the statutory requirements. Plaintiff is ordered to file a proof of service demonstrating Defendants were properly served. The proof of service must demonstrate compliance with Code of Civil Procedure sections 1005, 1013, and 1013a.

Second, it appears that Plaintiff seeks to compel the production of certain documents from both Defendants. (See Mot., p. 2.) However, Plaintiff did not set forth whether and when he first propounded these discovery requests and did not attach a copy of these discovery requests demonstrating they were properly served. Before Plaintiff can compel a response, he must demonstrate the propounded the requests for production in accordance with Code Civil Procedure section 2031.020, et seq. Thereafter, 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).) If Plaintiff seeks to compel discovery from both Defendants, they must each be served with discovery requests and with a motion to compel.

Plaintiff also seeks a default judgment on the basis that Defendants failed to “respond in writing within, within the aloted [sic] court rule regarding time and deadlines for the petitioners right to a telephonic conference” citing Rule 3111.0 (a)(1). (Mot., p. 2.) However, Defendants did respond to the Complaint and filed a joint Answer on August 22, 2019. Further, California Rules of Court, rule 3.1110, subdivision (a), sets forth the requirements for the contents of a notice of motion; this rule is not a basis for the entry of judgment.

The supplemental declaration filed on September 14 also does not contain a proof of service demonstrating Defendants were served. It includes copies of the papers previously filed, as well as a declaration from Plaintiff, a copy of a letter to a credit union, and copies of bank statements. (9/14/21 Gutierrez Decl., pp. 14-41.) These documents appear to have been submitted in support of Plaintiff’s argument that he is entitled to a judgment on the merits. If Plaintiff seeks the entry of judgment, however, he must move for summary judgment under Code of Civil Procedure section 437c or must prove his case at trial; he cannot request the entry of judgment in a discovery motion.

For the reasons discussed above, the instant Motion is CONTINUED. Plaintiff is ordered to file and serve supplemental briefing and documents addressing the issues discussed above. Plaintiff’s supplemental declaration should comply with the requirements of Code of Civil Procedure section 2015.5.

III. Conclusion & Order

For the foregoing reasons, Plaintiff Ernie M. Gutierrez’s Motion is CONTINUED TO NOVEMBER 2, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers addressing the issues discussed herein. Failure to do so will result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

'
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer Munoz, David J