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This case was last updated from Los Angeles County Superior Courts on 10/11/2020 at 02:21:15 (UTC).

GREEN SOLAR TECH CALIFORNIA, INC. VS PABLO JIMENEZ

Case Summary

On 05/08/2020 GREEN SOLAR TECH CALIFORNIA, INC filed a Contract - Other Contract lawsuit against PABLO JIMENEZ. 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:

    *******3971

  • Filing Date:

    05/08/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GREEN SOLAR TECH CALIFORNIA INC.

Defendant

JIMENEZ PABLO

Attorney/Law Firm Details

Plaintiff Attorney

ITO KEN

 

Court Documents

Answer - Answer

8/18/2020: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/18/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

6/3/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/8/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/8/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

5/8/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 05/12/2023
  • Hearing05/12/2023 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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  • 11/05/2021
  • Hearing11/05/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/18/2020
  • DocketRequest to Waive Court Fees; Filed by: Pablo Jimenez (Defendant)

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  • 08/18/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Pablo Jimenez (Defendant)

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  • 08/18/2020
  • DocketAnswer; Filed by: Pablo Jimenez (Defendant)

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  • 06/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Green Solar Tech California, Inc. (Plaintiff); As to: Pablo Jimenez (Defendant)

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  • 05/08/2020
  • DocketComplaint; Filed by: Green Solar Tech California, Inc. (Plaintiff); As to: Pablo Jimenez (Defendant)

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  • 05/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Green Solar Tech California, Inc. (Plaintiff); As to: Pablo Jimenez (Defendant)

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  • 05/08/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/08/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 11/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/12/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03971    Hearing Date: March 01, 2021    Dept: 26

Green Solar Tech California, Inc. v. Jimenez, et al.MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AND REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:  

Plaintiff Green Solar Tech California, Inc.’s Motion to Deem Requests for Admission Admitted and Request for Sanctions Against Defendant Pablo Jimenez is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $247.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.ANALYSIS:

Plaintiff Green Solar Tech of California, Inc. (“Plaintiff”) filed the instant action for breach of contract against Defendant Pablo Jimenez (“Defendant”) on May 8, 2020. On October 30, 2020, Plaintiff served Request for Admissions on Defendant. (Motion, Ito Decl., Exh. A.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶¶8-9.) Plaintiff filed the instant Motion to Compel Responses to Request for Admission and Request for Sanctions on January 21, 2021. To date, no opposition has been filed.

Defendant has not provided verified responses to the discovery propounded on October 30, 2020 as of the filing of the Motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $247.50, based on half an hour of attorney time billed at $375.00 per hour, plus the $60.00 filing fee. (Motion, Ito Decl., ¶10.)

Based on the foregoing, Plaintiff Green Solar Tech California, Inc.’s Motion to Deem Requests for Admission Admitted and Request for Sanctions Against Defendant Pablo Jimenez is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $247.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 20STLC03971    Hearing Date: February 25, 2021    Dept: 26

Green Solar Tech California, Inc. v. Jimenez, et al.

MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION AND SANCTIONS

(CCP §§ 2031.300, 2023.010)

TENTATIVE RULING:

Plaintiff Green Solar Tech California, Inc.’s Motion for Order Compelling Defendant Pablo Jimenez to Respond to Form Interrogatories, Special Interrogatories, and Request for Production of Documents; Request For Sanctions is GRANTED SOLELY AS TO THE REQUEST FOR PRODUCTION OF DOCUMENTS. DEFENDANT PABLO JIMENEZ IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE REQUEST FOR PRODUCTION OF DOCUMENTS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT PAY SANCTIONS OF $247.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO APRIL 29, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS ORDERED TO PAY TWO ADDITIONAL FILING FEES. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Plaintiff Green Solar Tech of California, Inc. (“Plaintiff”) filed the instant action for breach of contract against Defendant Pablo Jimenez (“Defendant”) on May 8, 2020. On October 30, 2020, Plaintiff served Request for Production of Documents, Form Interrogatories, and Special Interrogatories on Defendant. (Motion, Ito Decl., Exh. A.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶¶8-9.) Plaintiff filed the instant Motion to Compel Responses and Request for Sanctions on January 21, 2021. To date, no opposition has been filed.

The Court initially notes that Plaintiff has filed a single discovery motion to compel responses to three separate sets of discovery. Filing the motions as a single motion negatively impacts the court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the party to avoid paying the requisite filing fees. Statutorily required filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Therefore, the Court will rule only on the Motion with respect to the Request for Production of Documents at this time.

Due to Plaintiff’s failure to respond to the written discovery, Plaintiff is entitled to an order compelling service of Defendant’s responses to the Request for Production. Defendant is ordered to serve verified responses, without objections, to the Request for Identification and Production of Documents, Set One within twenty (20) days’ service of this Order. (Code Civ. Proc., § 2031.300.) The Court also finds that Defendant’s failure to respond is a misuse of discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of this motion. Sanctions are appropriate in the amount of $247.50 based on a half hour of attorney time billed at $375.00 per hour, plus $60.00 in costs. (Motion, Ito Decl., ¶9.)   

Therefore, Plaintiff Green Solar Tech California, Inc.’s Motion for Order Compelling Defendant Pablo Jimenez to Respond to Request for Production of Documents and Request For Sanctions is GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT PAY SANCTIONS OF $247.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO APRIL 29, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS ORDERED TO PAY TWO ADDITIONAL FILING FEES. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

ANALYSIS:

Plaintiff Green Solar Tech of California, Inc. (“Plaintiff”) filed the instant action for breach of contract against Defendant Pablo Jimenez (“Defendant”) on May 8, 2020. On October 30, 2020, Plaintiff served Request for Production of Documents, Form Interrogatories, and Special Interrogatories on Defendant. (Motion, Ito Decl., Exh. A.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶¶8-9.) Plaintiff filed the instant Motion to Compel Responses and Request for Sanctions on January 21, 2021. To date, no opposition has been filed.

The Court initially notes that Plaintiff has filed a single discovery motion to compel responses to three separate sets of discovery. Filing the motions as a single motion negatively impacts the court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the party to avoid paying the requisite filing fees. Statutorily required filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Therefore, the Court will rule only on the Motion with respect to the Request for Production of Documents at this time.

Due to Plaintiff’s failure to respond to the written discovery, Plaintiff is entitled to an order compelling service of Defendant’s responses to the Request for Production. Defendant is ordered to serve verified responses, without objections, to the Request for Identification and Production of Documents, Set One within twenty (20) days’ service of this Order. (Code Civ. Proc., § 2031.300.) The Court also finds that Defendant’s failure to respond is a misuse of discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of this motion. Sanctions are appropriate in the amount of $247.50 based on a half hour of attorney time billed at $375.00 per hour, plus $60.00 in costs. (Motion, Ito Decl., ¶9.)

Therefore, Plaintiff Green Solar Tech California, Inc.’s Motion for Order Compelling Defendant Pablo Jimenez to Respond to Request for Production of Documents and Request For Sanctions is GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT PAY SANCTIONS OF $247.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO APRIL 29, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS ORDERED TO PAY TWO ADDITIONAL FILING FEES. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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