This case was last updated from Los Angeles County Superior Courts on 08/23/2020 at 01:57:00 (UTC).

JASMINE WADSWORTH VS BALUBHAI PATEL, REVOCABLE TRUST, ET AL.

Case Summary

On 10/11/2018 JASMINE WADSWORTH filed a Contract - Other Contract lawsuit against BALUBHAI PATEL, REVOCABLE TRUST. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2713

  • Filing Date:

    10/11/2018

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff

WADSWORTH JASMINE

Defendants

GOPAL PATEL BALUBHAI

BHAVSAR DIPAK

PATEL BALUBHAI REVOCABLE TRUST

Attorney/Law Firm Details

Plaintiff Attorney

ONYENACHO BENEDICT AGUNNIA

Defendant Attorney

WEISER FRANK ALAN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Jury Trial) of 08/14/2020

8/14/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Jury Trial) of 08/14/2020

Witness List - Witness List

8/17/2020: Witness List - Witness List

Statement of the Case - Statement of the Case Brief

8/17/2020: Statement of the Case - Statement of the Case Brief

Declaration (name extension) - Declaration In Support of Motion to Compel

11/8/2019: Declaration (name extension) - Declaration In Support of Motion to Compel

Notice of Incoming Transfer

10/11/2018: Notice of Incoming Transfer

Ex Parte Application (name extension) - to Advance and Discharge Order to Show Cause Re: Sanctions

10/11/2018: Ex Parte Application (name extension) - to Advance and Discharge Order to Show Cause Re: Sanctions

Answer

10/11/2018: Answer

Other - (name extension)

10/11/2018: Other - (name extension)

Other - (name extension)

10/11/2018: Other - (name extension)

Motion to Compel (name extension) - Deposition of Patel Balubhai Gopal and to seek Monetary Sanctions and Costs;

10/11/2018: Motion to Compel (name extension) - Deposition of Patel Balubhai Gopal and to seek Monetary Sanctions and Costs;

Order (name extension) - Re Ex Parte Application and Notice for an Order Shortening Time to File and Serve Motion to Compel

10/11/2018: Order (name extension) - Re Ex Parte Application and Notice for an Order Shortening Time to File and Serve Motion to Compel

Order (name extension) - on Ex Parte Application

10/11/2018: Order (name extension) - on Ex Parte Application

Other - (name extension)

10/11/2018: Other - (name extension)

Declaration (name extension) - of Ben Onyenacho in Opposition to Order to Show Cause for Failure to Appear at Court Hearing

10/11/2018: Declaration (name extension) - of Ben Onyenacho in Opposition to Order to Show Cause for Failure to Appear at Court Hearing

Other - (name extension)

10/11/2018: Other - (name extension)

Other - (name extension)

10/11/2018: Other - (name extension)

Other - (name extension)

10/11/2018: Other - (name extension)

Other - (name extension) - (Amended)

10/11/2018: Other - (name extension) - (Amended)

36 More Documents Available

 

Docket Entries

  • 10/14/2021
  • Hearing10/14/2021 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

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  • 03/19/2021
  • Hearing03/19/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/17/2020
  • DocketNotice of Ruling; Filed by: Jasmine Wadsworth (Plaintiff)

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  • 08/17/2020
  • DocketExhibit List; Filed by: Jasmine Wadsworth (Plaintiff)

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  • 08/17/2020
  • DocketProof of Service by Mail; Filed by: Jasmine Wadsworth (Plaintiff); As to: Balubhai Patel, Revocable Trust (Defendant); Patel Balubhai Gopal (Defendant); Dipak Bhavsar (Defendant)

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  • 08/17/2020
  • DocketStatement of the Case Brief; Filed by: Jasmine Wadsworth (Plaintiff)

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  • 08/17/2020
  • DocketWitness List; Filed by: Jasmine Wadsworth (Plaintiff)

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  • 08/16/2020
  • DocketUpdated -- Event scheduled for 08/21/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 08/16/2020
  • DocketOn the Court's own motion, Jury Trial scheduled for 08/21/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 03/19/2021 08:30 AM

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  • 08/14/2020
  • DocketMinute Order (Court Order Re: Jury Trial)

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44 More Docket Entries
  • 10/11/2018
  • DocketNotice of Outgoing Transfer/Defendant; Filed by: Clerk

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  • 10/11/2018
  • DocketCivil Register Report; Filed by: Clerk

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  • 10/11/2018
  • DocketNotice of Incoming Transfer; Filed by: Clerk

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  • 10/11/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/11/2018
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Jasmine Wadsworth (Plaintiff); Result: Granted; Result Date: 10/11/2018; As To Parties: removed

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  • 10/11/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/11/2018
  • DocketNon-Jury Trial scheduled for 04/09/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/11/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/14/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/11/2018
  • DocketRequest to Waive Court Fees; Filed by: Jasmine Wadsworth (Plaintiff)

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  • 10/11/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Jasmine Wadsworth (Plaintiff)

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Tentative Rulings

Case Number: 18STLC12713    Hearing Date: November 12, 2019    Dept: 94

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS, AND FOR MONETARY SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Plaintiff Jasmine Wadsworth’s Motion to Compel Responses to Form Interrogatories and Requests for Production of Documents, and for Monetary Sanctions is GRANTED.

ANALYSIS:

I. Background

On June 21, 2019, Plaintiff Jasmine Wadsworth (“Plaintiff”) served Form Interrogatories on Defendant Balubhai Patel (“Patel”) and Requests for Production of Documents on Defendant Balubhai Patel Revocable Trust (the “Trust”). (Motion, Exhs. A-B.) To date, Plaintiff has not received any discovery responses to the propounded discovery requests from Patel and the Trust. (Id., Onyenacho Decl. ¶ 5.) As a result, Plaintiff filed the instant Motion to Compel Responses to Form Interrogatories and Requests for Production of Documents, and for Monetary Sanctions (the “Motion”) on September 19, 2019. Based on the case ledger, it appears that Plaintiff has paid the required two filing fees for the two discovery methods she seeks to compel. Accordingly, the Court turns to the merits of the Motion.

II. Discussion & Order

In opposition, Defendants’ counsel recounts various health issues him, his daughter, and his wife have been dealing with since early this year. (Oppo., Weiser Decl.) Based on his and his family members’ health issues, he asks the Court to deny the Motion altogether. (Id., Weiser Decl.) The Court is not persuaded. Neither Defendants’ counsel’s nor his family members’ health issues are not a legal basis for Patel and the Trust to evade to evade their discovery obligations; there is simply no law for this. Moreover, if Defendants’ counsel’s health issues have been preventing him from effectively representing his clients, it is questionable whether he should continue to do so.

Because Patel and the Trust have failed to serve any responses to Plaintiff’s discovery requests, the unopposed Motion is GRANTED. Pursuant to CCP §§ 2030.290 and 2031.300, Patel and the Trust is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories and Requests for Production of Documents within twenty (20) days of the date of Plaintiff’s service of a notice of this Order.

Because the Motions have been granted, monetary sanctions are mandatory under CCP §§ 2030.290(c) and 2031.300(c). Given the simplicity of the Motion and the lack of reply, the Court awards Plaintiff $380 in reasonable attorney fees and costs as monetary sanctions against Patel and the Trust, jointly and severally—the Court declines to impose monetary sanctions against Defendants’ counsel. Sanctions is to be paid within thirty (30) days from the date of Plaintiff serving a notice of this Order on Patel and the Trust.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.