This case was last updated from Los Angeles County Superior Courts on 12/02/2020 at 09:37:14 (UTC).

JORGE FLORES VS CAGE FREE K9 CAMP

Case Summary

On 02/24/2020 JORGE FLORES filed a Civil Right - Other Civil Right lawsuit against CAGE FREE K9 CAMP. 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:

    *******1817

  • Filing Date:

    02/24/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

FLORES JORGE

Defendants and Cross Defendants

CAGE FREE K9 CAMP A BUSINESS FORM UNKNOWN

ABRAMS DANIEL CO TRUST A BUSINESS FORM UNKNOWN

WINTER JILL DAVIDSON

Defendant and Cross Plaintiff

ABRAMS DANIEL CO TRUST A BUSINESS FORM UNKNOWN

Attorney/Law Firm Details

Defendant and Cross Defendant Attorneys

ANNIGIAN JASON DAVID

SHAFRON MARK

Defendant and Cross Plaintiff Attorney

SHAFRON MARK

 

Court Documents

Minute Order - Minute Order (Court Order)

11/10/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/10/2020

11/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 11/10/2020

Proof of Service by Mail - Proof of Service by Mail

11/13/2020: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice of Continuance of Motion

10/21/2020: Notice (name extension) - Notice of Continuance of Motion

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

10/22/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/06/2020

8/6/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/06/2020

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

8/7/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Change of Firm Name - Notice of Change of Firm Name

7/28/2020: Notice of Change of Firm Name - Notice of Change of Firm Name

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

5/20/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Answer - Answer

5/20/2020: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

4/2/2020: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Complaint

3/24/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

3/24/2020: Cross-Complaint - Cross-Complaint

Complaint - Complaint

2/24/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

2/24/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

2/24/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/25/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

15 More Documents Available

 

Docket Entries

  • 02/27/2023
  • Hearing02/27/2023 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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  • 08/23/2021
  • Hearing08/23/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/08/2021
  • Hearing02/08/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 12/08/2020
  • Hearing12/08/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 12/08/2020
  • Hearing12/08/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 11/13/2020
  • DocketProof of Service by Mail; Filed by: Daniel Abrams Erroneously Sued As Abrams Daniel Co trust, a business form unknown (Defendant); As to: Jorge Flores (Plaintiff); Cage Free K9 Camp, a business form unknown (Defendant)

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  • 11/10/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 12/08/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 11/10/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 12/08/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 11/10/2020
  • DocketMinute Order (Court Order)

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  • 11/10/2020
  • DocketCertificate of Mailing for (Court Order) of 11/10/2020; Filed by: Clerk

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28 More Docket Entries
  • 02/25/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/25/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Jorge Flores (Plaintiff)

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  • 02/25/2020
  • DocketNon-Jury Trial scheduled for 08/23/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/25/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/24/2020
  • DocketComplaint; Filed by: Jorge Flores (Plaintiff); As to: Cage Free K9 Camp, a business form unknown (Defendant); Abrams Daniel Co trust, a business form unknown (Defendant)

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  • 02/24/2020
  • DocketSummons on Complaint; Issued and Filed by: Jorge Flores (Plaintiff); As to: Cage Free K9 Camp, a business form unknown (Defendant)

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  • 02/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Jorge Flores (Plaintiff); As to: Cage Free K9 Camp, a business form unknown (Defendant)

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  • 02/24/2020
  • DocketRequest to Waive Court Fees; Filed by: Jorge Flores (Plaintiff)

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  • 02/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01817    Hearing Date: October 21, 2020    Dept: 25

HEARING DATE: Wed., October 21, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Flores v. Cage Free K9 Camp, et al. COMPL. FILED: 02-24-20

CASE NUMBER: 20STLC01817 DISC. C/O: 07-24-21

NOTICE: NO (continued hearing) DISC. MOT. C/O: 08-08-21

TRIAL DATE: 08-23-21

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF TO RESPOND TO FORM INTERROGATORIES AND FOR SANCTIONS

(2) MOTION TO COMPEL PLAINTIFF TO RESPOND TO REQUEST FOR PRODUCTION AND FOR SANCTIONS

MOVING PARTY: Defendant Daniel Abrams erroneously sued as Abrams Daniel Co. Trust

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 Daniel Abrams’ (1) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and (2) Motion to Compel Plaintiff to Respond to Request for Production, Set One, are CONTINUED TO NOV 16 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant Abrams must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motions being placed off calendar or 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: None filed as of October 19, 2020 [ ] Late [X] None

REPLY: None filed as of October 19, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 24, 2020, Plaintiff Jorge Flores (“Plaintiff”) filed an action, in pro per, against Cage Free K9 Camp (“Cage Free”) and Daniel Abrams, erroneously sued as Abrams Daniel Co. Trust (“Abrams”) for violation of the Unruh Civil Rights Act. Defendant Abrams filed an Answer and Cross-Complaint on March 24, 2020 and Defendant Cage Free filed its Answer on March 26, 2020.

On May 20, 2020, Defendant Abrams filed the instant (1) Motion to Compel Plaintiff to Respond to Form Interrogatories and for an Award of Attorney’s Fees and (2) Motion to Compel Plaintiff to Respond to Request for Production and for an Award of Attorney’s Fees (collectively, the “Motions”).

To date, no opposition has been filed.

  1. Legal Standard & Discussion

  1. Form Interrogatories and Requests for Production

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.)

Defendant Abrams served Plaintiff with Form Interrogatories, Set One, on March 25, 2020 and with Request for Production, Set One, on March 30, 2020 via regular mail. (Motions, Shafron Decl., ¶¶ 2, Exhs. A.) Following Plaintiff’s failure to respond, Defendant Abrams’ counsel sent Plaintiff a letter regarding the lack of discovery responses. (Id. at ¶¶ 3-4, Exhs. B.) As of the date of these Motions, Defendant Abrams has not received any responses to the discovery requests. (Id.) Thus, Defendant Abrams is entitled to an order compelling Plaintiff to provide verified responses to the discovery requests without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)

  1. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiff’s failure to respond to Defendant Abrams’ discovery requests a misuse of the discovery process.

Defendant Abrams seeks a total of $3,720.00 based on 12 hours of attorney time billed at $300.00 per hour and two filing fees of $60.00. (Motions, Shafron Decl., ¶¶ 5.) However, the amount sought is excessive given the simplicity of these nearly identical motions and the lack of opposition and reply. The Court finds $420.00, based on one hour of attorney time and two fling fees, to be reasonable.

  1. Notice of Continued Hearing

Although the Court is inclined to grant the Motions and requests for sanctions, the Court notes that Defendant Abrams incorrectly noticed the Motions for August 12, 2020. In addition, Defendant Abrams sent notice of the Court’s August 6, 2020 Minute Order scheduling the Motions for hearing to Plaintiff via email to jorge0206flores@gmail.com. (8/7/20 Proof of Electronic Service.) However, self-represented litigants cannot be served electronically unless they file and serve a notice with the Court expressly consenting to accept electronic service. (Cal. Rules of Court, rule 2.251, subd. (b); see also Code Civ. Proc., § 1010.6, subd. (d)(4).) Plaintiff has not done so here.

For this reason, the Court cannot find Plaintiff was given proper notice of the scheduled hearings. Accordingly, Defendant Abrams is ordered to give notice of this continued hearing.

  1. Conclusion & Order

For the foregoing reasons, Defendant Daniel Abrams’ (1) Motion to Compel Plaintiff to Respond to Form Interrogatories, Set One, and (2) Motion to Compel Plaintiff to Respond to Request for Production, Set One, are CONTINUED TO NOV 16 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant Abrams must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motions being placed off calendar or denied.

Moving party is ordered to give notice.