On 04/05/2019 ESTEBAN DE LA TORRE filed a Personal Injury - Motor Vehicle lawsuit against DARLENE DEANNA TRAVIS. 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 Pending - Other Pending.
*******3360
04/05/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
DE LA TORRE ESTEBAN
POSTMATES INC.
TRAVIS DARLENE DEANNA
SAILER RICHARD S
TAN DOMINGO R.
1/13/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
11/25/2019: Answer - Answer
1/21/2020: Substitution of Attorney - Substitution of Attorney
7/15/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
7/15/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
7/15/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
8/17/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to advan...)
8/17/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to advance hearing dates on defendants Motions to Compel
8/18/2020: Notice of Ruling - Notice of Ruling
4/5/2019: Summons - Summons on Complaint
4/5/2019: First Amended Standing Order - First Amended Standing Order
4/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
4/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/5/2019: Complaint - Complaint
Hearing04/08/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing04/28/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: Postmates, Inc. (Defendant); Result: Granted; Result Date: 01/13/2021
DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: Postmates, Inc. (Defendant); Result: Granted; Result Date: 01/13/2021
DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: Postmates, Inc. (Defendant); Result: Granted; Result Date: 01/13/2021
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/13/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/13/2021; Result Type to Held - Motion Granted
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/13/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/13/2021; Result Type to Held - Motion Granted
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/13/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/13/2021; Result Type to Held - Motion Granted
DocketNotice of Ruling; Filed by: Postmates, Inc. (Defendant)
DocketSubstitution of Attorney; Filed by: Esteban De La Torre (Plaintiff)
DocketAnswer; Filed by: Postmates, Inc. (Defendant); As to: Esteban De La Torre (Plaintiff)
DocketNon-Jury Trial scheduled for 10/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Esteban De La Torre (Plaintiff); As to: Darlene Deanna Travis (Defendant); Postmates, Inc. (Defendant)
DocketSummons on Complaint; Issued and Filed by: Esteban De La Torre (Plaintiff); As to: Darlene Deanna Travis (Defendant); Postmates, Inc. (Defendant)
DocketCivil Case Cover Sheet; Filed by: Esteban De La Torre (Plaintiff); As to: Darlene Deanna Travis (Defendant); Postmates, Inc. (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC03360 Hearing Date: January 13, 2021 Dept: 26
De La Torre v. Travis, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED
(CCP § 2030.290)
TENTATIVE RULING:
Defendant Postmates, Inc.’s (1) Motion To Compel Responses To Special Interrogatories And Request For Sanctions; (2) Motion To Compel Responses To Demand For Production Of Documents And Request For Sanctions; And (3) Motion To Deem Requests For Admission Admitted And Request For Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $780.00 TO DEFENDANT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
ANALYSIS:
Defendant Postmates, Inc. (“Defendant Postmates”) propounded Special Interrogatories, Requests for Admission and Requests for Production of Documents on Plaintiff Esteban De La Torre (“Plaintiff”) on March 26, 2020. (Motion, Custurea Decl., Exh. D.) Following Plaintiff’s failure to provide timely responses, Plaintiff extended the deadline to respond to May 29, 2020. (Id. at Exh. E.) After no timely response from Plaintiff, Defendant filed the instant (1) Motion To Compel Responses To Special Interrogatories And Request For Sanctions; (2) Motion To Compel Responses To Demand For Production Of Documents And Request For Sanctions; and (3) Motion To Deem Requests For Admission Admitted And Request For Sanctions on July 15, 2020. To date, no opposition has been filed.
Based on Plaintiff’s failure to serve initial responses, the Motions to compel responses to special interrogatories and request for production, and to deem admissions admitted are granted. There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300; 2033.280.) Based on the foregoing, Defendant Postmates, Inc. is entitled to an order compelling Plaintiff to serve verified responses to the special interrogatories and request for production without objections. The Court also deems the requests for admission admitted against Plaintiff.
Plaintiff’s failure to timely respond constitutes 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 under a lodestar calculation. Therefore, the requests for sanctions are granted against Plaintiff in the amount of $780.00 based on three hours of attorney time billed at $200.00 an hour, plus the $60.00 filing fee for each motion. (Motion, Custurea Decl., ¶9.) The sanctions are to be paid within 30 days’ service of this order.
Conclusion
Defendant Postmates, Inc.’s (1) Motion To Compel Responses To Special Interrogatories And Request For Sanctions; (2) Motion To Compel Responses To Demand For Production Of Documents And Request For Sanctions; And (3) Motion To Deem Requests For Admission Admitted And Request For Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $780.00 TO DEFENDANT WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Moving party to give notice.