This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 15:46:34 (UTC).

JOSE DELGADO VS JUANA BERNAL

Case Summary

On 01/15/2019 JOSE DELGADO filed a Personal Injury - Motor Vehicle lawsuit against JUANA BERNAL. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0229

  • Filing Date:

    01/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - 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

DELGADO JOSE

Defendant

BERNAL JUANA

Attorney/Law Firm Details

Plaintiff Attorney

YADIDI DAVID

Defendant Attorney

LEE JIEHOON

 

Court Documents

Minute Order - Minute Order (Hearing on Motion for Sanctions)

8/3/2020: Minute Order - Minute Order (Hearing on Motion for Sanctions)

Opposition (name extension) - Opposition DEFENDANT JUANA BERNALS OPPOSITION TO PLAINTIFFS MOTION FOR SANCTIONS; DECLARATION OF LEONARD KIRSCHEN

7/20/2020: Opposition (name extension) - Opposition DEFENDANT JUANA BERNALS OPPOSITION TO PLAINTIFFS MOTION FOR SANCTIONS; DECLARATION OF LEONARD KIRSCHEN

Motion for Sanctions - Motion for Sanctions

12/4/2019: Motion for Sanctions - Motion for Sanctions

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

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

5/8/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/1/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer Juana Bernal's "Answer to complaint and Demand for Jury Trial

3/18/2019: Answer - Answer Juana Bernal's "Answer to complaint and Demand for Jury Trial

Notice of Deposit - Jury - Notice of Deposit - Jury

3/18/2019: Notice of Deposit - Jury - Notice of Deposit - Jury

Civil Case Cover Sheet - Civil Case Cover Sheet

1/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

1/15/2019: First Amended Standing Order - First Amended Standing Order

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

1/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

1/15/2019: Complaint - Complaint

Summons - Summons on Complaint

1/15/2019: Summons - Summons on Complaint

1 More Documents Available

 

Docket Entries

  • 01/18/2022
  • Hearing01/18/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/30/2021
  • Hearing06/30/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/03/2020
  • DocketMinute Order (Hearing on Motion for Sanctions)

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  • 08/03/2020
  • DocketHearing on Motion for Sanctions scheduled for 08/03/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/03/2020; Result Type to Held - Motion Granted

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  • 07/20/2020
  • DocketOpposition DEFENDANT JUANA BERNAL?S OPPOSITION TO PLAINTIFF?S MOTION FOR SANCTIONS; DECLARATION OF LEONARD KIRSCHEN; Filed by: Juana Bernal (Defendant)

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  • 05/08/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/08/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 07/14/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/30/2021 08:30 AM

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  • 04/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/20/2020
  • DocketReset - Court Unavailable, Hearing on Motion for Sanctions scheduled for 06/09/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/03/2020 09:30 AM

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  • 12/05/2019
  • DocketHearing on Motion for Sanctions scheduled for 06/09/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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2 More Docket Entries
  • 03/18/2019
  • DocketNotice of Deposit - Jury; Filed by: Juana Bernal (Defendant)

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  • 03/01/2019
  • DocketProof of Service by Substituted Service; Filed by: Jose Delgado (Plaintiff); As to: Juana Bernal (Defendant); Proof of Mailing Date: 01/25/2019; Service Cost: 59.00; Service Cost Waived: No

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  • 01/16/2019
  • DocketNon-Jury Trial scheduled for 07/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/16/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/15/2019
  • DocketComplaint; Filed by: Jose Delgado (Plaintiff); As to: Juana Bernal (Defendant)

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  • 01/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Jose Delgado (Plaintiff); As to: Juana Bernal (Defendant)

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  • 01/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Jose Delgado (Plaintiff); As to: Juana Bernal (Defendant)

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  • 01/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC00229    Hearing Date: August 03, 2020    Dept: 26

MOTION FOR SANCTIONS

(CCP § 2025.430)

TENTATIVE RULING:

Plaintiff Jose Delgado’s Motion for Sanctions is GRANTED AGAINST DEFENSE COUNSEL GEOFFREY T. HILL IN THE AMOUNT OF $760.00. SANCTIONS ARE TO BE PAID TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.ANALYSIS:

Plaintiff Jose Delgado (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Juana Bernal on January 15, 2019. On December 4, 2019, Plaintiff filed the instant motion for sanctions. Plaintiff filed an opposition on July 2, 2020.

The Motion for Sanctions is brought pursuant to Code of Civil Procedure section 2025.430, which states: “If the party giving notice of a deposition fails to attend or proceed with it, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both, and in favor of any party attending in person or by attorney, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2025.430.)

Plaintiff moves for sanctions of $3,560.00 against defense counsel Geoffrey T. Hill. It is undisputed that defense counsel noticed Plaintiff’s deposition for October 16, 2019 but then failed to proceed with the deposition on that date. (Motion, Yadidi Decl., ¶3.) Plaintiff’s counsel contends he spent four hours traveling to and from the deposition and that Plaintiff incurred attorney’s fees and lost a day of work as a result. (Ibid.) Defense counsel refused to reimburse Plaintiff’s counsel the $1,400.00 in attorney’s fees incurred. (Id. at ¶4 and Exhs. A-B.)

Defense counsel acknowledges the deposition did not go forward due to his failure to schedule a court reporter. (Opp., Hill Decl., ¶¶2-3.) Hill declares that due to the COVID-19 pandemic, the deposition was rescheduled and took place over videoconferencing. (Id. at ¶5.) He argues that since no additional travel expenses were incurred for the second deposition date, because the deposition was conducted over teleconference, sanctions are not justified. (Ibid.)

The Court finds it must award sanctions under the mandatory language of the statute. Defense counsel does not argue that he acted with substantial justification, nor show that the imposition of sanctions would be unjust. Despite not incurring travel expenses for the deposition over videoconferencing, Plaintiff’s counsel still spent additional time attending the deposition on the second date. Time and effort also went into bringing the instant Motion. (Id. at ¶6.) However, the Court finds that the amount requested in sanctions is excessive. Based on a lodestar calculation, a sanctions award of $760.00 is appropriate based on two hours of time billed at $350.00 per hour plus the $60.00 motion fee. (Motion, Yadidi Decl., ¶6.)

Conclusion

Plaintiff Jose Delgado’s Motion for Sanctions is GRANTED AGAINST DEFENSE COUNSEL GEOFFREY T. HILL IN THE AMOUNT OF $760.00. SANCTIONS ARE TO BE PAID TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.