On 06/28/2019 FARZAD HAJIMORADI filed a Personal Injury - Motor Vehicle lawsuit against STEVE GANDARA. 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.
*******6185
06/28/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
HAJIMORADI FARZAD
RASIER-CA LLC
RASIER LLC
GANDARA STEVE
UBER TECHNOLOGIES INC
PALEY ROBIN ELIOT
O'MEARA JOHN
2/3/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
1/7/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
10/27/2020: Notice of Motion - Notice of Motion
10/13/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
10/15/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)
8/18/2020: Stipulation and Order (name extension) - Stipulation and Order to continue trial and related Motion/Discovery dates
8/18/2020: Notice (name extension) - Notice OF ENTRY OF JUDGMENT OR ORDER
7/9/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
6/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/24/2020: Notice (name extension) - Notice of New Venue and Amended Proof of Service of Motion To Be Relieved as Counsel
12/3/2019: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel
12/3/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
10/7/2019: Answer - Answer
6/28/2019: Summons - Summons on Complaint
6/28/2019: Complaint - Complaint
6/28/2019: First Amended Standing Order - First Amended Standing Order
6/28/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing07/01/2022 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
Hearing04/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice of Ruling; Filed by: Steve Gandara (Defendant)
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/03/2021; Result Type to Held - Motion Granted
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/03/2021; Result Type to Held - Motion Granted
DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: Steve Gandara (Defendant)
DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: Steve Gandara (Defendant)
DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: As To Parties: removed
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/03/2021 at 10:00 AM in Spring Street Courthouse at Department 26
DocketHearing on Motion to be Relieved as Counsel scheduled for 05/27/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketAnswer; Filed by: Steve Gandara (Defendant); As to: Farzad Hajimoradi (Plaintiff)
DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/01/2022 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: Farzad Hajimoradi (Plaintiff); As to: Steve Gandara (Defendant); Rasier-CA, LLC (Defendant); Rasier LLC (Defendant) et al.
DocketSummons on Complaint; Issued and Filed by: Farzad Hajimoradi (Plaintiff); As to: Steve Gandara (Defendant); Rasier-CA, LLC (Defendant); Rasier LLC (Defendant) et al.
DocketCivil Case Cover Sheet; Filed by: Farzad Hajimoradi (Plaintiff); As to: Steve Gandara (Defendant); Rasier-CA, LLC (Defendant); Rasier LLC (Defendant) et al.
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC06185 Hearing Date: February 03, 2021 Dept: 26
Hajimoradi v. Gandara, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP § 2030.290)
TENTATIVE RULING:
Defendant Steve Gandara’s (1) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
ANALYSIS:
Defendant Steve Gandara (“Defendant Gandara”) propounded Form Interrogatories, Set One and Request for Production, on Plaintiff Aries Phillips (“Plaintiff”) on November 22, 2019. (Motions, Coy Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant extended the deadline to serve verified responses but was advised by Plaintiff’s counsel at the time that he was unable to contract Plaintiff. (Id. at Exhs. B-C.) The Court granted Plaintiff’s counsel’s motion to withdraw on October 15, 2020. (Minute Order, 10/15/20.) Defendant Gandara filed the instant Motions to Compel Responses and Request for Sanctions on January 7, 2021. To date, no opposition has been filed.
Discussion
There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2030.290.) Based on the Plaintiff’s failure to respond to the propounded discovery, Defendant Gandara is entitled to an order compelling Plaintiff to serve verified responses to the form interrogatories and request for production without objections.
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 for each motion. However, the amount sought is excessive under a lodestar calculation. The request for sanctions is granted against Plaintiff in the total amount of $510.00 based on two hours of attorney time billed at $195.00 an hour and $120.00 in costs. (Motions, Coy Decl., ¶7.)
Conclusion
Defendant Steve Gandara’s (1) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Farzad Hajimoradi to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $510.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Moving party to give notice.
Case Number: 19STLC06185 Hearing Date: October 15, 2020 Dept: 26
Hajimoradi v. Gandara, et al. MOTION TO BE RELIEVED AS COUNSEL (CCP § 284(2); CRC Rule 3.1362) TENTATIVE RULING Robin E. Paley, Esq.’s Motion to Withdraw as Counsel for Plaintiff Farzad Hajimoradi is GRANTED. PROPOSED ORDERS HAVE BEEN SUBMITTED. RULING TO BE EFFECTIVE UPON FILING OF PROOF OF SERVICE OF CORRECTED AND SIGNED ORDER UPON ALL PARTIES. Moving party to give notice to client and all parties.
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