This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 05:14:35 (UTC).

JEFFREY HENDERSON, ET AL. VS CITYWIDE TOWING, INC.

Case Summary

On 05/09/2019 JEFFREY HENDERSON filed a Property - Other Property Fraud lawsuit against CITYWIDE TOWING, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4554

  • Filing Date:

    05/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

HENDERSON JEFFREY

Los Angeles, CA 90012

HENDERSON ERICA

Defendant

CITYWIDE TOWING INC.

Attorney/Law Firm Details

Defendant Attorney

RING ROBERT ALAN

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

7/24/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration in support of Motion for Terminating Sanctions

7/24/2020: Declaration (name extension) - Declaration in support of Motion for Terminating Sanctions

Motion for Terminating Sanctions - Motion for Terminating Sanctions

7/24/2020: Motion for Terminating Sanctions - Motion for Terminating Sanctions

Substitution of Attorney - Substitution of Attorney

8/6/2020: Substitution of Attorney - Substitution of Attorney

Reply (name extension) - Reply TO DEFENDANT'S OPPOSITION TO MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED

8/14/2020: Reply (name extension) - Reply TO DEFENDANT'S OPPOSITION TO MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED

Declaration (name extension) - Declaration IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED

8/14/2020: Declaration (name extension) - Declaration IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

8/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

8/25/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

6/15/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

2/6/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/26/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Motion re: (name extension) - Motion re: Deeming admissions admitted

12/26/2019: Motion re: (name extension) - Motion re: Deeming admissions admitted

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Peremptory Challenge (Code of Civil Procedure...) of 01/06/2020

1/6/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Peremptory Challenge (Code of Civil Procedure...) of 01/06/2020

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

8/5/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

General Denial - General Denial

6/7/2019: General Denial - General Denial

First Amended Standing Order - First Amended Standing Order

5/9/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/9/2019: Complaint - Complaint

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

5/10/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

20 More Documents Available

 

Docket Entries

  • 05/12/2022
  • Hearing05/12/2022 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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  • 02/25/2021
  • Hearing02/25/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/02/2021
  • Hearing02/02/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Terminating Sanctions

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  • 08/27/2020
  • DocketNotice of Ruling; Filed by: Citywide Towing, Inc. (Defendant)

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  • 08/25/2020
  • DocketProof of Service by Mail; Filed by: Erica Henderson (Plaintiff); As to: Citywide Towing, Inc. (Defendant)

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  • 08/25/2020
  • DocketMinute Order (Hearing on Motion to Deem Request for Admissions Admitted)

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  • 08/25/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 08/25/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/25/2020; Result Type to Held - Motion Denied

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  • 08/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/21/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 11/05/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 02/25/2021 08:30 AM

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  • 08/14/2020
  • DocketReply TO DEFENDANT'S OPPOSITION TO MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; Filed by: Erica Henderson (Plaintiff)

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27 More Docket Entries
  • 05/10/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/10/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk

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  • 05/10/2019
  • DocketNon-Jury Trial scheduled for 11/05/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/10/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/12/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/09/2019
  • DocketComplaint; Filed by: Jeffrey Henderson (Plaintiff); Erica Henderson (Plaintiff); As to: Citywide Towing, Inc. (Defendant)

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  • 05/09/2019
  • DocketSummons on Complaint; Issued and Filed by: Jeffrey Henderson (Plaintiff); Erica Henderson (Plaintiff); As to: Citywide Towing, Inc. (Defendant)

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  • 05/09/2019
  • DocketCivil Case Cover Sheet; Filed by: Jeffrey Henderson (Plaintiff); Erica Henderson (Plaintiff); As to: Citywide Towing, Inc. (Defendant)

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  • 05/09/2019
  • DocketRequest to Waive Court Fees; Filed by: Jeffrey Henderson (Plaintiff); Erica Henderson (Plaintiff)

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  • 05/09/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/09/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04554    Hearing Date: August 25, 2020    Dept: 25

HEARING DATE:    Tue., August 25, 2020 JUDGE /DEPT: ­­­­­Blancarte/25

CASE NAME Henderson, et al. v. Citywide Towing, Inc.   COMP. FILED: 05-09-19

CASE NUMBER    19STLC04554 DISC. C/O: 01-26-21

NOTICE: OK MOTION C/O: 02-10-21

TRIAL: 02-25-21

PROCEEDINGS MOTION FOR ORDER DEEMING ADMISSIONS ADMITTED

MOVING PARTY:    Plaintiffs Jeffrey and Erica Henderson, in pro per

RESP. PARTY:  Defendant City Wide Towing, Inc.  

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiffs Jeffrey and Erica Henderson’s Motion for Order Deeming Admissions Admitted is DENIED.  

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on August 6, 2020 [   ] Late [   ] None

REPLY Filed on August 14, 2020 [   ] Late [   ] None

ANALYSIS:

I. Background

On May 9, 2019, Plaintiffs Jeffrey and Erica Henderson (“Plaintiffs”), in pro per, filed an action for violation of vehicle code section 22658, conversion, trespass to chattels, negligence, violation of business and professions code section 17200, and fraud against Defendant Citywide Towing, Inc. (“Defendant”). On June 7, 2019, Defendant filed its Answer, in pro per.

On December 26, 2019, Plaintiffs filed the instant Motion for Order Deeming Admissions Admitted (the “Motion”). At the initial hearing on February 6, 2020, the Court ordered Plaintiffs to file a proof of service demonstrating the Requests for Admission were served on Defendant. (2/6/20 Minute Order.) The Court also noted that because Defendant was a corporation, it needed to obtain legal counsel to proceed. (Id.

Defendant filed a Substitution of Attorney and an Opposition to this Motion on August 6, 2020. Plaintiffs filed a Reply on August 14, 2020.

II. Legal Standard

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product privilege…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) However, a court will not make such an order “if a party to whom requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Id. at subd. (c).)

III. Discussion

Plaintiffs seek an order deeming Requests for Admission admitted, which they argue were served on Defendant on July 3, 2019. (Mot., Henderson Decl., ¶ 2.) As noted above, because Plaintiffs’ Motion did not initially include a proof of service for the Requests for Admission, the Court continued the hearing and ordered Plaintiffs to file a proof of service demonstrating the requests were properly served on Defendant. (2/6/20 Minute Order.)

Notably, the proof of service Plaintiffs filed on June 15, 2020 demonstrates that the Requests for Admission were mailed to Defendant on February 10, 2020, more than one month after filing the instant Motion, and four days after the initial hearing. (6/15/20 Proof of Service.) Indeed, it appears Plaintiffs did not actually serve the Requests for Admission on July 3, 2019, as they originally represented to the Court. Thus, Plaintiffs’ argument that Defendant failed to timely respond to the Requests for Admission purportedly served on July 3, 2019 is wholly unsupported.

The Court also notes that Plaintiffs’ discovery request, which consists of 60 requests for admission, violates Code of Civil Procedure section 94. Section 94 limits discovery in limited civil cases to any combination of 35 interrogatories, demand for production of documents, and requests for admission. (Code Civ. Proc., § 94, subds. (a)(1)-(3).) Despite this violation, Defendant provided substantially compliant responses to Plaintiffs’ discovery request on August 5, 2020. (Oppo., Ring Decl., p.1, Exh. A.) Thus, Plaintiffs’ Motion is DENIED. (Code Civ. Proc., § 2033.280, subd. (c).)

IV. Conclusion & Order

For the foregoing reasons, Plaintiffs Jeffrey and Erica Henderson’s Motion for Order Deeming Admissions Admitted is DENIED. 

Moving party is ordered to give notice.

Case Number: 19STLC04554    Hearing Date: February 06, 2020    Dept: 94

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiffs Jeffrey and Erica Henderson’s Motion for Order Deeming Admissions Admitted is CONTINUED to APRIL 14, 2020, at 10:30 a.m. in Department 25, SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Plaintiffs are to file a proof of service demonstrating the Requests for Admission were served on Defendant as indicated in their declaration.

I. Background

On May 9, 2019, Plaintiffs Jeffrey and Erica Henderson (“Plaintiffs”) filed an action for violation of vehicle code section 22658, conversion, trespass to chattels, negligence, violation of business and professions code section 17200, and fraud against Defendant Citywide Towing, Inc. (“Defendant”). On June 7, 2019, Defendant filed an Answer.

On December 26, 2019, Plaintiffs filed the instant Motion for Order Deeming Admissions Admitted (the “Motion”). To date, no opposition or reply briefs have been filed.

II. Legal Standard

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product privilege…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) However, a court will not make such an order “if a party to whom requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Id. at subd. (c).)

A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

III. Discussion

Here, Plaintiffs state they mailed Request for Admissions, Set One, to Defendant on July 3, 2019 and that as of December 18, 2019, no responses had been received. (Mot., Henderson Decl., ¶¶ 2, 4.) Although Plaintiffs attach a copy of the Requests for Admission purportedly served on Defendant, no proof of service demonstrating such service is attached. (Id., Exh. A.) Accordingly, Plaintiffs are ordered to file a proof of service demonstrating the discovery requests were served on Defendant.

IV. Conclusion & Order

For the foregoing reasons, Plaintiffs Jeffrey and Erica Henderson’s Motion for Order Deeming Admissions Admitted is CONTINUED to APRIL 14, 2020, at 10:30 a.m. in Department 25, SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Plaintiffs are to file a proof of service demonstrating the Requests for Admission were served on Defendant as indicated in their declaration.

Moving party is ordered to give notice.