This case was last updated from Los Angeles County Superior Courts on 03/21/2021 at 07:56:29 (UTC).

JOHNNY PEARSON, ET AL. VS LUIS ORANTES

Case Summary

On 08/25/2020 JOHNNY PEARSON filed a Personal Injury - Motor Vehicle lawsuit against LUIS ORANTES. 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:

    *******7235

  • Filing Date:

    08/25/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs and Cross Defendants

POWELL DEJANAE

PEARSON JOHNNY

WILSON ROBENA

Defendant and Cross Plaintiff

ORANTES LUIS

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorney

MCDONALD AMELIA BARBARA

 

Court Documents

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

10/23/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Cross-Complaint - Cross-Complaint

10/23/2020: Cross-Complaint - Cross-Complaint

Answer - Answer

10/23/2020: Answer - Answer

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

9/14/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Summons - Summons on Complaint

8/25/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/25/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

8/25/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

8/25/2020: First Amended Standing Order - First Amended Standing Order

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

8/25/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/29/2023
  • Hearing08/29/2023 at 08:30 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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  • 02/22/2022
  • Hearing02/22/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/23/2020
  • DocketAnswer; Filed by: Luis Orantes (Defendant); As to: Johnny Pearson (Plaintiff); Robena Wilson (Plaintiff); Dejanae Powell (Plaintiff)

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  • 10/23/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Luis Orantes (Defendant)

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  • 10/23/2020
  • DocketCross-Complaint; Filed by: Luis Orantes (Defendant); As to: Johnny Pearson (Plaintiff); Robena Wilson (Plaintiff); Dejanae Powell (Plaintiff) et al.

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  • 09/14/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Johnny Pearson (Plaintiff); As to: Luis Orantes (Defendant); Mailing Date: 09/09/2020; Cost Waived: No

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  • 08/25/2020
  • DocketComplaint; Filed by: Johnny Pearson (Plaintiff); Robena Wilson (Plaintiff); Dejanae Powell (Plaintiff); As to: Luis Orantes (Defendant)

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  • 08/25/2020
  • DocketSummons on Complaint; Issued and Filed by: Johnny Pearson (Plaintiff); Robena Wilson (Plaintiff); Dejanae Powell (Plaintiff); As to: Luis Orantes (Defendant)

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  • 08/25/2020
  • DocketCivil Case Cover Sheet; Filed by: Johnny Pearson (Plaintiff); Robena Wilson (Plaintiff); Dejanae Powell (Plaintiff); As to: Luis Orantes (Defendant)

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  • 08/25/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/25/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/25/2020
  • DocketNon-Jury Trial scheduled for 02/22/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/25/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/29/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/25/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC07235    Hearing Date: June 3, 2021    Dept: 25

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF JOHNNY PEARSON’S RESPONSES TO FORM INTERROGATORIES, SET ONE, AND FOR MONETARY SANCTIONS

(2) MOTION TO COMPELL PLAINTIFF JOHNNY PEARSON’S RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE, AND FOR MONETARY SANCTIONS

MOVING PARTY: Defendant Luis Orantes

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Luis Orantes’ (1) Motion to Compel Plaintiff Johnny Pearson’s Responses to Form Interrogatories, Set One, is GRANTED. Plaintiff Pearson is ordered to serve verified responses without objections within thirty (30) days of notice of this order.

However, Defendant’s (2) Motion to Compel Plaintiff Johnny Pearson’s Responses to Request for Identification and Production of Documents, Set One, is CONTINUED TO JULY 1, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve a copy of the Request for Identification and Production of Documents, including the proof of service, served on Plaintiff Pearson. Failure to do so may result in this Motion being placed off calendar or denied.

Finally, Defendant’s requests for sanctions will be addressed together at the next scheduled hearing.

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: None filed as of June 1, 2021 [ ] Late [X] None

REPLY: None filed as of June 1, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On August 25, 2020, Plaintiffs Johnny Pearson (“Pearson”), Robena Wilson, and Dejanae Powell (“Powell”) (collectively, “Plaintiffs”) filed an action alleging motor vehicle negligence against Defendant Luis Orantes (“Defendant”). Defendant filed an Answer and Cross-Complaint against Plaintiff Pearson on October 23, 2020.

On April 26, 2021, Defendant filed the instant (1) Motion to Compel Plaintiff Johnny Pearson’s Responses to Form Interrogatories, Set One, and for Monetary Sanctions and (2) Motion to Compel Plaintiff Johnny Pearson’s Responses to Request for Identification and Production of Documents, Set One, and for Monetary Sanctions (collectively, the “Motions”).

No opposition was filed.

II. Legal Standard & Discussion

A. Request for Production & Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant’s counsel served Plaintiff Pearson’s counsel with Form Interrogatories, Set One, on November 9, 2020. (Interrogatories Mot., Korff Decl., ¶ 4, Exh. A.) Although not statutorily required, Defendant’s counsel emailed Plaintiff Pearson’s counsel a letter regarding the overdue responses on March 12, 2021. (Id. at ¶ 6, Exh. B.) As of the date this Motion was filed, no responses to the Form Interrogatories had yet been served. (Id. at ¶ 7.) Thus, Defendant is entitled to an order compelling Plaintiff Pearson’s responses to the Form Interrogatories.

Defendant also seeks an order compelling responses to the Request for Identification and Production of Documents, Set One. (Production Mot., Korff Decl., ¶ 4, Exh. A.) However, Defendant attached discovery directed at Plaintiff Powell, not Plaintiff Pearson. (Id.) Thus, before the Court may consider and grant this request, Defendant must submit a copy of the requests for production served on Plaintiff Pearson.

B. Sanctions

Defendant’s request for sanctions will be addressed at the next scheduled hearing.

III. Conclusion & Order

For the foregoing reasons, Luis Orantes’ (1) Motion to Compel Plaintiff Johnny Pearson’s Responses to Form Interrogatories, Set One, is GRANTED. Plaintiff Pearson is ordered to serve verified responses without objections within thirty (30) days of notice of this order.

However, Defendant’s (2) Motion to Compel Plaintiff Johnny Pearson’s Responses to Request for Identification and Production of Documents, Set One, is CONTINUED TO JULY 1, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve a copy of the Request for Identification and Production of Documents, including the proof of service, served on Plaintiff Pearson. Failure to do so may result in this Motion being placed off calendar or denied.

Finally, Defendant’s requests for sanctions will be addressed together at the next scheduled hearing.

Moving party is ordered to give notice.

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