This case was last updated from Los Angeles County Superior Courts on 09/26/2020 at 00:08:41 (UTC).

JAVIER QUIROZ VS PAUL DOTY, ET AL.

Case Summary

On 03/28/2019 JAVIER QUIROZ filed a Personal Injury - Uninsured Motor Vehicle lawsuit against PAUL DOTY. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3080

  • Filing Date:

    03/28/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

QUIROZ JAVIER

Defendants

DOTY PAUL

DOTY ROSA MARIA

Attorney/Law Firm Details

Plaintiff Attorney

SEGAL PHILIP

Defendant Attorney

FALTER THERESIA KATJA

 

Court Documents

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, REQUEST FOR ADMISSIONS, REQUEST FOR PRODUCTION OF DOCUMENTS, AND FOR SANCTIO

10/16/2019: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, REQUEST FOR ADMISSIONS, REQUEST FOR PRODUCTION OF DOCUMENTS, AND FOR SANCTIO

Opposition (name extension) - Opposition to Motion to Compel and Request for Sanctions

1/6/2020: Opposition (name extension) - Opposition to Motion to Compel and Request for Sanctions

Minute Order - Minute Order (Hearing on Motion to Compel NOTICE OF MOTION AND MOTION TO CO...)

1/23/2020: Minute Order - Minute Order (Hearing on Motion to Compel NOTICE OF MOTION AND MOTION TO CO...)

Request for Dismissal - Request for Dismissal

1/24/2020: Request for Dismissal - Request for Dismissal

Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

4/29/2019: Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

4/29/2019: Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

Answer - Answer

5/2/2019: Answer - Answer

Summons - Summons on Complaint

3/28/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/28/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/28/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/28/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

3/28/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 01/24/2020
  • DocketOn the Complaint filed by JAVIER QUIROZ on 03/28/2019, entered Request for Dismissal with prejudice filed by JAVIER QUIROZ as to the entire action

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  • 01/24/2020
  • DocketRequest for Dismissal; Filed by: JAVIER QUIROZ (Plaintiff); As to: JAVIER QUIROZ (Plaintiff)

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  • 01/24/2020
  • DocketHearing on Motion for Order Compelling Defendant Rosa Maria Doty To Respond to Form Interrogatories, Set One; and Request for Sanctions scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/24/2020
  • DocketHearing on Motion for Order Compelling Defendant Rosa Maria Doty To Respond to Requests for Admission, Set One; and Request for Sanctions scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/24/2020
  • DocketHearing on Motion for Order Compelling Defendant Rosa Maria Doty To Respond to Request for Production, Set One; and Request for Sanctions scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/24/2020
  • DocketHearing on Motion for Order Compelling Defendant Paul Doty To Respond to Requests for Admission, Set One; and Request for Sanctions scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/24/2020
  • DocketHearing on Motion for Order Compelling Defendant Paul Doty To Respond to Request for Production, Set One; and Request for Sanctions scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/24/2020
  • DocketNon-Jury Trial scheduled for 09/24/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/01/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/24/2020

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  • 01/23/2020
  • DocketHearing on Motion for Order Compelling Defendant Rosa Maria Doty To Respond to Form Interrogatories, Set One; and Request for Sanctions scheduled for 03/25/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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13 More Docket Entries
  • 04/05/2019
  • DocketThe case is placed in special status of: Stay - Other

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  • 04/05/2019
  • DocketThe case is placed in special status of: Stay - Other

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  • 03/28/2019
  • DocketComplaint; Filed by: JAVIER QUIROZ (Plaintiff); As to: PAUL DOTY (Defendant); ROSA MARIA DOTY (Defendant)

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  • 03/28/2019
  • DocketCivil Case Cover Sheet; Filed by: JAVIER QUIROZ (Plaintiff); As to: PAUL DOTY (Defendant); ROSA MARIA DOTY (Defendant)

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  • 03/28/2019
  • DocketSummons on Complaint; Issued and Filed by: JAVIER QUIROZ (Plaintiff); As to: PAUL DOTY (Defendant); ROSA MARIA DOTY (Defendant)

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  • 03/28/2019
  • DocketCivil Case Cover Sheet; Filed by: JAVIER QUIROZ (Plaintiff); As to: PAUL DOTY (Defendant); ROSA MARIA DOTY (Defendant)

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  • 03/28/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/28/2019
  • DocketNon-Jury Trial scheduled for 09/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/28/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/28/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC03080    Hearing Date: January 23, 2020    Dept: 26

Quiroz v. Doty, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUESTS FOR ADMISSION, REQUESTS FOR PRODUCTION; SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.380)

TENTATIVE RULING:

Plaintiff Javier Quiroz’s Motion For Order Compelling Defendant Paul Doty To Respond to Form Interrogatories, Set One; and Request for Sanctions; is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER. SANCTIONS OF $310.00 ARE TO BE PAID WITHIN THIRTY (30) DAYS OF PLAINTIFF SERVING NOTICE OF THIS ORDER.

THE HEARING ON THE REMAINING DISCOVERY REQUESTS IS CONTINUED TO MARCH 25, 2020 AT 10:30 AM IN DEPARTMENT 26. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO PAY FIVE (5) ADDITIONAL MOTION FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR.

ANALYSIS:

Plaintiff Javier Quiroz (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Paul Doty and Rosa Maria Doty (“Defendants”) on March 28, 2019. Plaintiff filed the instant discovery motion on October 16, 2019. Defendants filed their opposition on January 6, 2020.

Discussion

Improper Combination of Multiple Discovery Motions

Plaintiff’s discovery motion attempts to combine multiple requests for relief into a single motion. The Motion moves for an order compelling Defendants to furnish responses to six separate discovery requests: (1) Form Interrogatories, Set One at to Defendant Paul Doty; (2) Form Interrogatories, Set One at to Defendant Rosa Maria Doty; (3) Requests for Admission, Set One at to Defendant Paul Doty; (4) Requests for Admission, Set One at to Defendant Rosa Maria Doty; (5) Requests for Production, Set One at to Defendant Paul Doty; (6) Requests for Production, Set One at to Defendant Rosa Maria Doty.

One of the statutes under which Plaintiff moves is Code of Civil Procedure section 2031.300, which states in relevant part: “If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it. . . .” (Code Civ. Proc., § 2031.300.) The other moving statutes, Code of Civil Procedure sections 2030.290 and 2033.280, also include this language of singularity. Based on this language, it is clear the Civil Discovery Act contemplates that the motions filed under these statutory provisions will be brought separately as to each party on whom the discovery was propounded discovery and as to each separate set of discovery propounded.

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. Indeed, here, Defendants filed the instant discovery motion as a single “Motion to Compel Discovery (not Further Discovery)” when it is in fact it should be reserved as six separate Motions to Compel Responses.

Finally, combining discovery motions allows the moving party (or parties in this case) 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.) Here, Plaintiff has only paid one filing fee for what should have been reserved as six separate motions.

Based on the foregoing, and the Court will rule only on the Motion as to the Form Interrogatories, Set One served on Defendant Paul Doty. The hearing on the remaining discovery requests is continued to MARCH 25, 2020 AT 10:30 AM IN DEPARTMENT 26. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO PAY FIVE (5) ADDITIONAL MOTION FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR.

Motion to Compel Responses to Form Interrogatories, Set One

On May 23, 2019, Plaintiff served Form Interrogatories, Set One on Defendant Paul Doty. (Motion, Segal Decl. ¶3 and Exh. A.) On October 2, 2019, Plaintiff’s counsel sent a meet and confer letter asking for responses within ten (10) days. (Id. at ¶4 and Exh. B.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant Paul Doty. (Id. at ¶¶5-6.) Plaintiff filed the instant Motion on October 16, 2019. Defendant Doty filed its opposition on January 6, 2020.

Due to the failure to respond to the propounded discovery requests, Plaintiff is entitled to verified responses, without objections, to the Form Interrogatories, Set One, within twenty (20) days from the date of Plaintiff serving a notice of this Order. (See Code Civ. Proc., § 2030.290.) There is no requirement for a meet and confer effort prior to bringing a motion to compel initial responses. (Code Civ. Proc., § 2030.290.) Sanctions for failure to meet and confer, as sought by the opposition, can only be granted where a meet and confer effort is required by the moving statute. (Code Civ. Proc., § 2023.010, subd. (i).)

Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290 and 2023.010. The Court finds that sanctions are appropriate in the amount of $310.00 based on one hour of attorney time billed at $250.00 per hour, plus one filing fees of $60.00. (Motion, Segal Decl., ¶8.)

Plaintiff Javier Quiroz’s Motion For Order Compelling Defendant Paul Doty To Respond to Form Interrogatories, Set One; and Request for Sanctions; is GRANTED. RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER. SANCTIONS OF $310.00 ARE TO BE PAID WITHIN THIRTY (30) DAYS OF PLAINTIFF SERVING NOTICE OF THIS ORDER.

Moving party to give notice.