This case was last updated from Los Angeles County Superior Courts on 09/16/2020 at 00:50:47 (UTC).

GERALD CROSBY VS THE BURBANK HOTEL, LLC, ET AL.

Case Summary

On 01/29/2020 GERALD CROSBY filed a Civil Right - Other Civil Right lawsuit against THE BURBANK HOTEL, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0913

  • Filing Date:

    01/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

CROSBY GERALD

Defendants

CRIGLER MARK

THE BURBANK HOTEL LLC

J.P. ALLEN INC.

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

Defendant Attorney

GIGLIOTTI JOSEPH J

 

Court Documents

Opposition (name extension) - Opposition TO MOTION TO COMPEL FURTHER ANSWER TO INTERROGATORY; POINTS AND AUTHORITIES; DECLARATION OF JOSEPH J. GIGLIOTTI

8/31/2020: Opposition (name extension) - Opposition TO MOTION TO COMPEL FURTHER ANSWER TO INTERROGATORY; POINTS AND AUTHORITIES; DECLARATION OF JOSEPH J. GIGLIOTTI

Minute Order - Minute Order (Hearing on Motion to Compel Defendant's Further Answer to Int...)

9/14/2020: Minute Order - Minute Order (Hearing on Motion to Compel Defendant's Further Answer to Int...)

Proof of Personal Service - Proof of Personal Service

6/17/2020: Proof of Personal Service - Proof of Personal Service

Answer - Answer

5/22/2020: Answer - Answer

Notice (name extension) - Notice of Entry of Judgment or Order

5/26/2020: Notice (name extension) - Notice of Entry of Judgment or Order

Separate Statement - Separate Statement

5/13/2020: Separate Statement - Separate Statement

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

5/13/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/15/2020

5/15/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/15/2020

Minute Order - Minute Order (Court Order)

5/15/2020: Minute Order - Minute Order (Court Order)

Notice (name extension) - Notice to Attend Trial

4/13/2020: Notice (name extension) - Notice to Attend Trial

Proof of Service by Substituted Service - Proof of Service by Substituted Service

4/14/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

3/11/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

3/13/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

1/29/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

1/29/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/29/2020: Summons - Summons on Complaint

7 More Documents Available

 

Docket Entries

  • 02/01/2023
  • Hearing02/01/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/28/2021
  • Hearing07/28/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/14/2020
  • DocketUpdated -- Motion to Compel Further Discovery Responses: Filed By: Gerald Crosby (Plaintiff); Result: Granted; Result Date: 09/14/2020

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  • 09/14/2020
  • DocketMinute Order (Hearing on Motion to Compel Defendant's Further Answer to Int...)

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  • 09/14/2020
  • DocketHearing on Motion to Compel Defendant's Further Answer to Interrogatory scheduled for 09/14/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/14/2020; Result Type to Held - Motion Granted

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  • 08/31/2020
  • DocketOpposition TO MOTION TO COMPEL FURTHER ANSWER TO INTERROGATORY; POINTS AND AUTHORITIES; DECLARATION OF JOSEPH J. GIGLIOTTI; Filed by: The Burbank Hotel, LLC (Defendant)

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  • 06/17/2020
  • DocketProof of Personal Service; Filed by: Gerald Crosby (Plaintiff); As to: J.P. Allen, Inc. (Defendant); Service Date: 05/15/2020; Service Cost: 95.00; Service Cost Waived: No

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  • 05/26/2020
  • DocketNotice of Entry of Judgment or Order; Filed by: Gerald Crosby (Plaintiff); As to: The Burbank Hotel, LLC (Defendant); Mark Crigler (Defendant); J.P. Allen, Inc. (Defendant)

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  • 05/22/2020
  • DocketAnswer; Filed by: J.P. Allen, Inc. (Defendant); As to: Gerald Crosby (Plaintiff)

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  • 05/15/2020
  • DocketHearing on Motion to Compel Defendant's Further Answer to Interrogatory scheduled for 09/14/2020 at 09:00 AM in Spring Street Courthouse at Department 26

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7 More Docket Entries
  • 03/13/2020
  • DocketProof of Personal Service; Filed by: Gerald Crosby (Plaintiff); As to: The Burbank Hotel, LLC (Defendant); Service Date: 02/11/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 03/11/2020
  • DocketAnswer; Filed by: The Burbank Hotel, LLC (Defendant); Mark Crigler (Defendant); As to: Gerald Crosby (Plaintiff)

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  • 01/30/2020
  • DocketNon-Jury Trial scheduled for 07/28/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/01/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 01/29/2020
  • DocketComplaint; Filed by: Gerald Crosby (Plaintiff); As to: The Burbank Hotel, LLC (Defendant); Mark Crigler (Defendant)

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  • 01/29/2020
  • DocketSummons on Complaint; Issued and Filed by: Gerald Crosby (Plaintiff); As to: The Burbank Hotel, LLC (Defendant); Mark Crigler (Defendant)

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  • 01/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Gerald Crosby (Plaintiff); As to: The Burbank Hotel, LLC (Defendant); Mark Crigler (Defendant)

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  • 01/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC00913    Hearing Date: September 14, 2020    Dept: 26

MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES

(CCP § 2030.300)

TENTATIVE RULING:

Plaintiff Gerald Crosby’s Motion to Compel Further Responses to Interrogatory and Request for Sanctions is GRANTED. DEFENDANT THE BURBANK HOTEL, LLC IS ORDERED TO SERVE VERIFIED AND CODE-COMPLIANT FURTHER RESPONSE, WITHOUT OBJECTION, WITHIN 20 DAYS OF THIS ORDER. DEFENDANT THE BURBANK HOTEL, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $535.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS OF THIS ORDER.

Plaintiff Gerald Crosby (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendants The Burbank Hotel, LLC (“Defendant The Burbank Hotel”) and Mark Crigler on January 29, 2020. On April 27, 2020, Plaintiff filed an amendment to the Complaint adding J.P. Allen, Inc. as a defendant. On May 13, 2020, Plaintiff filed the instant Motion to Compel Further Response to Interrogatory and Request for Sanctions. On August 31, 2020, Defendant The Burbank Hotel filed an opposition.

Discussion

Notice of the motion to compel further must be given “within 45 days of service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c).) Here, Defendant The Burbank Hotel’s initial verified responses were served by mail on April 14, 2020. (Motion, Mehrban Decl., Exh. B.) The notice of motion and motion to compel further were timely served on May 13, 2020. (Motion, POS.)

The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).) Plaintiff filed a declaration demonstrating that a meet and confer letter was mailed and emailed to defense counsel on April 24, 2020. (Motion, Mehrban Decl., Exh. C.) No response was received to the meet and confer letter before the filing of this Motion. (Id. at ¶6.) The meet and confer requirement, therefore, is satisfied.

Finally, Cal. Rules of Court Rule 3.1345 requires all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a).) The Motion is accompanied by a separate statement. (Separate Statement, filed 5/13/20.)

The Motion concerns only Special Interrogatories, Set One, Request No. 1, which asks “Who were lessees of the real property occupied by Holiday Inn Burbank-Media Center at 150 E. Angeleno Ave., Burbank, CA 91502 on September 28, 2019?” (Ibid.) In response, Defendant The Burbank Hotel first objected to the term “lessees” as “vague ambiguous and unintelligible in the context of the present matter.” (Ibid.) Defendant The Burbank Hotel then responded that it had not entered into a lease with anyone for the property located at 150 E. 5 Angeleno Ave., Burbank, California at anytime. (Ibid.)

The objection to the term “lessees” is without merit. Relevant to this action is ownership, occupation and/or control of the property 150 E. 5 Angeleno Ave., Burbank, California, where Plaintiff allegedly encountered barriers to access on account of his disability. (Compl., ¶¶3-5.) The meaning of the term “lessees” can be determined from common usage as a person or entity that holds the lease of a property. (See https://www.lexico.com/en/definition/lessee.) Nor does Defendant The Burbank Hotel’s response sufficiently answer the interrogatory. If there were no lessees on the date in question, the response should state so plainly. To respond that Defendant The Burbank Hotel in particular had not entered into any lease with respect to the property at any time does not address the full scope of the interrogatory. Therefore, Plaintiff is entitled to further verified response to the interrogatory, without objections.

Plaintiff is also entitled to an award of sanctions pursuant to Code of Civil Procedure section 2030.210 and 2023.010. The sanctions are properly noticed, but the Court finds the amount sought excessive. Using a lodestar calculation, sanctions are awarded in the amount of $535.00 based on one hour of attorney time billed at $475.00 per hour, plus the $60.00 filing fee. (Motion, Merhban Decl., ¶¶7-8.)

Conclusion

Plaintiff Gerald Crosby’s Motion to Compel Further Responses to Interrogatory and Request for Sanctions is GRANTED. DEFENDANT THE BURBANK HOTEL, LLC IS ORDERED TO SERVE VERIFIED AND CODE-COMPLIANT FURTHER RESPONSE, WITHOUT OBJECTION, WITHIN 20 DAYS OF THIS ORDER. DEFENDANT THE BURBANK HOTEL, LLC AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $535.00 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS OF THIS ORDER.

Moving party to give notice.