This case was last updated from Los Angeles County Superior Courts on 02/04/2021 at 03:07:24 (UTC).

HENRY G. RODAS, ET AL. VS MIGUEL GARCIA-SANCHEZ

Case Summary

On 08/13/2018 HENRY G RODAS filed a Personal Injury - Motor Vehicle lawsuit against MIGUEL GARCIA-SANCHEZ. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0565

  • Filing Date:

    08/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

SUAREZ CYNTHIA L.

RODAS HENRY G.

RODAS KENNY A.

RODAS SIDDY K.

CEBALLOS SILVIA K.

Defendant

GARCIA-SANCHEZ MIGUEL

Attorney/Law Firm Details

Plaintiff Attorney

JAIME VICTOR H

Defendant Attorney

ECKELS JAMES

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Plaintiffs Depo...) of 02/02/2021

2/2/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Plaintiffs Depo...) of 02/02/2021

Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Plaintiffs Depo...)

2/2/2021: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Plaintiffs Depo...)

Request (name extension) - Request to take 10/19/2020 Ex Parte Hearing Off Calendar

10/15/2020: Request (name extension) - Request to take 10/19/2020 Ex Parte Hearing Off Calendar

Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES AND DISCOVERY DEADLINES

10/15/2020: Ex Parte Application (name extension) - Ex Parte Application FOR AN ORDER TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES AND DISCOVERY DEADLINES

Motion to Compel (name extension) - Motion to Compel Plaintiffs Depositions

12/30/2020: Motion to Compel (name extension) - Motion to Compel Plaintiffs Depositions

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Related Dates; Order

4/8/2020: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Related Dates; Order

Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue Trial and Related Dates; Order

3/5/2020: Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation to Continue Trial and Related Dates; Order

Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation and Order to Continue Trial and Related Dates [Proposed] Order

9/17/2019: Stipulation and Order (name extension) - Stipulation and Order Joint Stipulation and Order to Continue Trial and Related Dates [Proposed] Order

Answer - Answer

1/16/2019: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

1/16/2019: Demand for Jury Trial - Demand for Jury Trial

Notice of Deposit - Jury - Notice of Deposit - Jury

2/14/2019: Notice of Deposit - Jury - Notice of Deposit - Jury

Proof of Personal Service - Proof of Personal Service

1/10/2019: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration of Non Service

10/17/2018: Declaration (name extension) - Declaration of Non Service

Summons - (Amended)

9/14/2018: Summons - (Amended)

Complaint - (Amended)

8/13/2018: Complaint - (Amended)

Civil Case Cover Sheet

8/13/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

8/13/2018: Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 08/23/2021
  • Hearing08/23/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/16/2021
  • Hearing08/16/2021 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

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  • 03/30/2021
  • Hearing03/30/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 02/02/2021
  • DocketHearing on Motion to Compel Motion to Compel Plaintiffs? Depositions scheduled for 03/30/2021 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 02/02/2021
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Plaintiffs? Depo...)

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  • 02/02/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Plaintiffs? Depo...) of 02/02/2021; Filed by: Clerk

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  • 02/02/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Motion to Compel Plaintiffs? Depositions scheduled for 02/02/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 03/30/2021 10:30 AM

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  • 12/30/2020
  • DocketMotion to Compel Plaintiffs Depositions; Filed by: Miguel Garcia-Sanchez (Defendant)

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  • 12/30/2020
  • DocketHearing on Motion to Compel Motion to Compel Plaintiffs? Depositions scheduled for 02/02/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 10/16/2020
  • DocketHearing on Ex Parte Application FOR AN ORDER TO CONTINUE TRIAL AND ALL TRIAL RELATED DATES AND DISCOVERY DEADLINES; MEMORANDUM OF POINTS AND AUTHORITIES; DECL. OF GERALD F. GILLARD, ESQ. scheduled for 10/19/2020 at 01:30 PM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/16/2020

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27 More Docket Entries
  • 09/12/2018
  • DocketLexxie Rodas, a minor by and through Guardian Ad Lltem Henry G Rodas; Signed and Filed by: Henry G. Rodas (Plaintiff); As to: Lexxie Rodas (Plaintiff)

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  • 09/04/2018
  • DocketAmended Complaint (1st); Filed by: Henry G. Rodas (Plaintiff); Silvia K. Ceballos (Plaintiff); Cynthia L. Suarez (Plaintiff); Kenny A. Rodas (Plaintiff); Siddy K. Rodas (Plaintiff); Lexxie Rodas (Plaintiff); As to: Miguel Garcia-Sanchez (Defendant)

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  • 08/13/2018
  • DocketUpdated -- Amended Complaint (1st): Status Date changed from 09/04/2018 to 08/13/2018

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  • 08/13/2018
  • DocketComplaint; Filed by: Henry G. Rodas (Plaintiff); Silvia K. Ceballos (Plaintiff); Cynthia L. Suarez (Plaintiff); Kenny A. Rodas (Plaintiff); Siddy K. Rodas (Plaintiff); As to: Miguel Garcia-Sanchez (Defendant)

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  • 08/13/2018
  • DocketCivil Case Cover Sheet; Filed by: Henry G. Rodas (Plaintiff); Silvia K. Ceballos (Plaintiff); Cynthia L. Suarez (Plaintiff); Kenny A. Rodas (Plaintiff); Siddy K. Rodas (Plaintiff)

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  • 08/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/13/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/13/2018
  • DocketNon-Jury Trial scheduled for 02/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/13/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10565    Hearing Date: February 02, 2021    Dept: 26

Rodas, et al. v. Garcia-Sanchez, et al.

MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Miguel Garcia-Sanchez’s Motion to Compel Plaintiffs’ Deposition and Request for Sanctions is CONTINUED TO MARCH 30, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiffs Cynthia L. Suarez, Silvia K. Ceballos, Kenny Rodas, Siddy Rodas (“Plaintiff”), and Lexxie Rodas (“Minor Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Miguel Garcia-Sanchez (“Defendant”) on August 13, 2018. Defendant filed the instant Motion to Compel Plaintiffs’ Attendance at Deposition on December 30, 2020. To date, no opposition has been filed.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

The motion is accompanied by a meet and confer declaration demonstrating that defense counsel reached out to Plaintiffs’ counsel to resolve this discovery dispute following Plaintiffs’ failure to appear for their properly noticed depositions on July 13, 2020. (Motion, Gillard Decl., ¶¶2-3 and Exh. A.) However, the Court notes that Defendant brings the instant Motion with respect to four separate Plaintiffs, instead of separately moving as to each party as contemplated by the statute. Also, 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. Finally, it allows the moving 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.) Defendant’s motion, therefore, cannot be heard in full until three additional filing fees are paid.

The Motion is also defective because it fails to “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” as required by Code of Civil Procedure section 2025.450, subdivision (b). Broadly stating that the deposition are necessary to “ascertain the nature and extent of Plaintiffs’ claims of negligence and damages” is not sufficiently specific to address the document demands attached to the deposition notices. (See Motion, p. 4:4-6.)

In light of Defendant’s failure to comply with the mandatory requirements for relief under Code of Civil Procedure section 2025.450, the Motion to Compel Plaintiffs’ Deposition and Request for Sanctions is CONTINUED TO MARCH 30, 2021 AT 10:30  AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE CONTINUED HEARING DATE DEFENDANT IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED. ANY OPPOSITION AND REPLY PAPERS ARE TO BE FILED PER THE CODE OF CIVIL PROCEDURE.

Moving party to give notice.