On 07/03/2018 FRANCISCO VILLACORTA filed a Personal Injury - Other Personal Injury lawsuit against COSTCO WHOLESALE CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
*******9064
07/03/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
ORELLANA LEONOR
COSTCO WHOLESALE CORPORATION
WALDREN MICHAEL J.
NEHORAY BOB
HAKHAMZADEH DANIEL
INFUSO DANIEL VINCENT
KIM NINA J
8/31/2020: Request for Refund / Order - Request for Refund / Order
8/25/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application
8/27/2020: Notice (name extension) - Notice OF HEARING ON COSTCO WHOLESALE CORPORATIONS MOTION FOR TERMINATING SANCTIONS
8/4/2020: Motion re: (name extension) - Motion re: Plaintiff Francisco Villacorta's Motion to Permit Additional Discovery in Limited Jurisdiction
8/5/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
8/5/2020: Notice (name extension) - Notice Plaintiff Francisco Villacorta's Notice of Ex Parte to Permit Additional Discovery in Limited Jurisdiction or in the Alternative to Advance Motion to Permit Additional
8/5/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Daniel Hakhamzadeh, Esq.
8/6/2020: Declaration (name extension) - Declaration ARTHUR L. SUN IN SUPPORT OF COSTCO WHOLESALE CORPORATIONS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION TO PERMIT ADDITIONAL DISCOVERY
8/10/2020: Ex Parte Application (name extension) - Ex Parte Application To Permit Additional Discovery in Limited Jurisdiction or in the alternative to advance motion to permit additional discovery in limited ju
8/10/2020: Exhibit List - Exhibit List
2/21/2020: Notice of Ruling - Notice of Ruling
1/17/2020: Declaration (name extension) - Declaration of Arline Gamez in Support of Defendant's Motion for Summary Judgment
1/9/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
12/13/2019: Motion for Order (name extension) - Motion for Order deeming the matters in request for admissions
10/8/2019: Substitution of Attorney - Substitution of Attorney
9/30/2019: Order (name extension) - Order Continuing Trial and Trial-Related Dates
7/3/2018: Complaint
Hearing07/06/2021 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
Hearing06/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing02/17/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)
Hearing10/28/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Terminating Sanctions
Hearing10/28/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Reclassify (Walker Motion)
Hearing10/15/2020 at 01:30 PM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Ex Parte Application (name extension)
DocketHearing on Ex Parte Application TO SET HEARING ON MOTION FOR SUMMARY JUDGMENT scheduled for 10/15/2020 at 01:30 PM in Spring Street Courthouse at Department 25
DocketNotice of Change of Handling Attorney Within- Firm; Filed by: Francisco Villacorta (Plaintiff); Leonor Orellana (Plaintiff); As to: Costco Wholesale Corporation (Defendant)
DocketUpdated -- Daniel Vincent Infuso (Attorney): Last Name changed from Hakhamzadeh to Infuso; Middle Name: Vincent
DocketAddress for Daniel Vincent Infuso (Attorney) null
DocketSummons on Complaint; Issued and Filed by: Francisco Villacorta (Plaintiff); As to: Francisco Villacorta (Plaintiff)
DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by: Francisco Villacorta (Plaintiff); As to: Francisco Villacorta (Plaintiff)
DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem: Filed By: Francisco Villacorta (Plaintiff); Result: Granted; Result Date: 02/08/2019
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketComplaint; Filed by: Francisco Villacorta (Plaintiff); As to: Costco Wholesale Corporation (Defendant)
DocketCivil Case Cover Sheet; Filed by: Francisco Villacorta (Plaintiff)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 12/31/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/06/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC09064 Hearing Date: January 09, 2020 Dept: 94
MOTION TO COMPEL RESPONSES TO FORM AND SPECIAL INTERROGATORIES; REQUESTS FOR PRODUCTION OF DOCUMENTS; TO DEEM THE TRUTH OF MATTERS IN REQUEST FOR ADMISSIONS AS ADMITTED; AND TO REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300; 2033.280)
TENTATIVE RULING:
Defendant Costco Wholesale Corporation’s Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and Motion to Deem the Truth of Matters in Request for Admissions as Admitted; and Request for Sanctions are PLACED OFF CALENDAR AS MOOT.
Defendant’s Motion to Compel Responses to Request for Production of Documents; and Request for Sanctions is GRANTED. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $630.00 TO DEFENSE COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.
SUMMARY OF COMPLAINT: Action for premises liability based on slip and fall.
REQUEST FOR RELIEF: Order Plaintiff to serve responses to discovery requests and deem requests for admission admitted.
OPPOSITION: Discovery responses having now been served, the discovery motions are moot.
REPLY: Responses without objection have not been served for the Request for Production and Defendant is entitled to an order granting that motion.
ANALYSIS:
On July 3, 2018, Plaintiff Francisco Villacorta (“Plaintiff”), a minor by and through his Guardian ad Litem Leonor Orellana, filed the instant action for premises liability and negligence against Defendant Costco Wholesale Corporation (“Defendant”). Defendant served Form Interrogatories, Sets One and Two, Request for Production of Documents, and Request for Admissions on Plaintiff on September 24, 2019. (Motion, Ung Decl., ¶4.)
Defendant now brings the instant Motions to Compel Responses to Form Interrogatories and Request for Production of Documents; to Deem the Truth of Matters in Request for Admissions as Admitted; and to Request for Sanctions (the “Motions”). On December 24, 2019, Plaintiff filed an opposition contending the Motions are moot as he has now served complete responses without objections. On January 2, 2020, Plaintiff filed a reply disputing that complete responses were served.
Due to the failure to respond to the propounded discovery requests, Plaintiff is ordered to serve verified responses, without objections, to Defendant’s Request for Production within twenty (20) days from the date of Defendants serving a notice of this Order. (Code Civ. Proc., §§ 2030.290; 2031.300.) Monetary sanctions are also awarded under Code of Civil Procedure sections 2033.280, 2030.290 and 2031.300. Given the simplicity of the Motions, the Court finds that total sanctions are appropriate in the amount of $630.00 based on three hours of attorney time billed at $150.00 per hour and three filing fees of $60.00 each. (Motions, Ung Decl., ¶8.) Sanctions are to be paid within thirty (30) days from the date of Defendant serving a notice of this Order.
Defendant Costco Wholesale Corporation’s Motion to Compel Responses to Form Interrogatories, Set One; and Request for Sanctions; and Motion to Deem the Truth of Matters in Request for Admissions as Admitted; and Request for Sanctions are PLACED OFF CALENDAR AS MOOT.
Defendant’s Motion to Compel Responses to Request for Production of Documents; and Request for Sanctions is GRANTED. RESPONSES TO THE INTERROGATORIES ARE TO BE SERVED BY PLAINTIFF WITHIN 20 DAYS OF SERVICE OF NOTICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $630.00 TO DEFENSE COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.
Moving party to give notice.