This case was last updated from Los Angeles County Superior Courts on 04/30/2021 at 00:42:12 (UTC).

ESTEBAN DE LA TORRE VS DARLENE DEANNA TRAVIS, ET AL.

Case Summary

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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3360

  • Filing Date:

    04/05/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

DE LA TORRE ESTEBAN

Defendants

POSTMATES INC.

TRAVIS DARLENE DEANNA

Attorney/Law Firm Details

Plaintiff Attorney

SAILER RICHARD S

Defendant Attorney

TAN DOMINGO R.

 

Court Documents

Request for Dismissal - Request for Dismissal

1/19/2021: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Non-Jury Trial;)

4/28/2021: Minute Order - Minute Order (Non-Jury Trial;)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 04/28/2021

4/28/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 04/28/2021

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

1/13/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Answer - Answer

11/25/2019: Answer - Answer

Substitution of Attorney - Substitution of Attorney

1/21/2020: Substitution of Attorney - Substitution of Attorney

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

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

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

Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to advan...)

8/17/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to advan...)

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to advance hearing dates on defendants Motions to Compel

8/17/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to advance hearing dates on defendants Motions to Compel

Notice of Ruling - Notice of Ruling

8/18/2020: Notice of Ruling - Notice of Ruling

Summons - Summons on Complaint

4/5/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

4/5/2019: First Amended Standing Order - First Amended Standing Order

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

4/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

4/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/5/2019: Complaint - Complaint

5 More Documents Available

 

Docket Entries

  • 04/28/2021
  • DocketOn the Complaint filed by Esteban De La Torre on 04/05/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(3)

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  • 04/28/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 04/28/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 04/28/2021; Filed by: Clerk

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  • 04/28/2021
  • DocketNon-Jury Trial scheduled for 04/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 04/28/2021

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  • 04/28/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/08/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/28/2021

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  • 01/19/2021
  • DocketOn the Complaint filed by Esteban De La Torre on 04/05/2019, entered Request for Dismissal with prejudice filed by Esteban De La Torre as to Postmates, Inc.

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  • 01/19/2021
  • DocketAddress for Esteban De La Torre (Plaintiff) updated

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  • 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

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  • 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

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  • 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

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19 More Docket Entries
  • 01/21/2020
  • DocketSubstitution of Attorney; Filed by: Esteban De La Torre (Plaintiff)

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  • 11/25/2019
  • DocketAnswer; Filed by: Postmates, Inc. (Defendant); As to: Esteban De La Torre (Plaintiff)

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  • 04/08/2019
  • DocketNon-Jury Trial scheduled for 10/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/08/2019
  • 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

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  • 04/08/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/05/2019
  • DocketComplaint; Filed by: Esteban De La Torre (Plaintiff); As to: Darlene Deanna Travis (Defendant); Postmates, Inc. (Defendant)

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  • 04/05/2019
  • DocketSummons on Complaint; Issued and Filed by: Esteban De La Torre (Plaintiff); As to: Darlene Deanna Travis (Defendant); Postmates, Inc. (Defendant)

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  • 04/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Esteban De La Torre (Plaintiff); As to: Darlene Deanna Travis (Defendant); Postmates, Inc. (Defendant)

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  • 04/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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.

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