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
10/13/2020: Ex Parte Application (name extension) - Ex Parte Application TO SET HEARING ON MOTION FOR SUMMARY JUDGMENT
10/15/2020: Opposition (name extension) - Opposition DEFENDANT COSTCO WHOLESALE CORPORATIONS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF LEONOR ORELLANA
10/15/2020: Minute Order - Minute Order (Hearing on Ex Parte Application TO SET HEARING ON MOTION FOR ...)
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
8/4/2020: 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: 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
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
Hearing05/26/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 05/26/2021 at 09:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/06/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
DocketNon-Jury Trial scheduled for 06/21/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
DocketHearing on Motion - Other Motion to allow further discovery in limited jurisdiction scheduled for 02/17/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
DocketStatus Conference Re: Scheduling of Defendant's Motion for Summary Judgment scheduled for 10/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
DocketHearing on Motion to Reclassify (Walker Motion) scheduled for 10/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
DocketHearing on Motion for Terminating Sanctions scheduled for 10/28/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
DocketHearing on Motion to Compel Further Discovery Responses scheduled for 03/03/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2020
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
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Francisco Villacorta (Plaintiff)
DocketComplaint; Filed by: Francisco Villacorta (Plaintiff); As to: Costco Wholesale Corporation (Defendant)
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.