This case was last updated from Los Angeles County Superior Courts on 07/02/2021 at 00:02:45 (UTC).

JOSE FLORES VS TONYA RAVEN

Case Summary

On 06/27/2018 JOSE FLORES filed a Personal Injury - Motor Vehicle lawsuit against TONYA RAVEN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9165

  • Filing Date:

    06/27/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

FLORES JOSE

Defendant

RAVEN TONYA

Attorney/Law Firm Details

Plaintiff Attorney

WILLOUGHBY ANTHONY

Defendant Attorney

MARKARIAN LOUISA

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

2/18/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

5/5/2020: Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 05/05/2020

5/5/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 05/05/2020

Notice (name extension) - Notice NOTICE OF HEARING AND TRIAL DATE CONTINUANCE

9/10/2020: Notice (name extension) - Notice NOTICE OF HEARING AND TRIAL DATE CONTINUANCE

Notice (name extension) - Notice NOTICE OF ORDER

9/16/2020: Notice (name extension) - Notice NOTICE OF ORDER

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; DEMAND FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LOUISA MARK

11/22/2019: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; DEMAND FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LOUISA MARK

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES: FORM INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LOUISA MARKARIAN

11/22/2019: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES: FORM INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LOUISA MARKARIAN

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER THAT THE TRUTH OF ANY MATTERS SPECIFIED IN REQUESTS FOR ADMISSION BE DEEMED ADMITTED AND REQUEST FOR SANCTIONS; MEMORANDU

11/22/2019: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER THAT THE TRUTH OF ANY MATTERS SPECIFIED IN REQUESTS FOR ADMISSION BE DEEMED ADMITTED AND REQUEST FOR SANCTIONS; MEMORANDU

Order (name extension) - Order DEFENDANT TONYA RAVENS EX PARTE APPLICATION TO CONTINUE TRIAL; DECLARATION OF LOUISA MARKARIAN; AND [PROPOSED] ORDER SUBMITTED CONCURRENTLY HEREWITH

11/27/2019: Order (name extension) - Order DEFENDANT TONYA RAVENS EX PARTE APPLICATION TO CONTINUE TRIAL; DECLARATION OF LOUISA MARKARIAN; AND [PROPOSED] ORDER SUBMITTED CONCURRENTLY HEREWITH

Substitution of Attorney - Substitution of Attorney

11/19/2018: Substitution of Attorney - Substitution of Attorney

Notice of Posting of Jury Fees

9/4/2018: Notice of Posting of Jury Fees

Answer

9/4/2018: Answer

Demand for Jury Trial

9/4/2018: Demand for Jury Trial

Summons - on Complaint

6/27/2018: Summons - on Complaint

Civil Case Cover Sheet

6/27/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

6/27/2018: Notice of Case Assignment - Limited Civil Case

13 More Documents Available

 

Docket Entries

  • 09/16/2020
  • DocketNotice NOTICE OF ORDER; Filed by: Tonya Raven (Defendant); As to: Jose Flores (Plaintiff)

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  • 09/14/2020
  • DocketUpdated -- Motion for Terminating Sanctions: Filed By: Tonya Raven (Defendant); Result: Granted; Result Date: 09/14/2020

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  • 09/14/2020
  • DocketOn the Complaint filed by Jose Flores on 06/27/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 09/14/2020
  • DocketMinute Order (Hearing on Motion for Terminating Sanctions)

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  • 09/14/2020
  • DocketHearing on Motion for Terminating Sanctions scheduled for 09/14/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/14/2020; Result Type to Held - Motion Granted

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  • 09/14/2020
  • DocketNon-Jury Trial scheduled for 12/14/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/14/2020

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  • 09/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/30/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/14/2020

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  • 09/10/2020
  • DocketNotice NOTICE OF HEARING AND TRIAL DATE CONTINUANCE; Filed by: Tonya Raven (Defendant); As to: Jose Flores (Plaintiff)

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  • 05/05/2020
  • DocketHearing on Motion for Terminating Sanctions scheduled for 09/14/2020 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 05/05/2020
  • DocketNon-Jury Trial scheduled for 12/14/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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28 More Docket Entries
  • 09/04/2018
  • DocketDemand for Jury Trial; Filed by: Tonya Raven (Defendant)

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  • 09/04/2018
  • DocketAnswer; Filed by: Tonya Raven (Defendant)

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  • 09/04/2018
  • DocketNotice of Posting of Jury Fees; Filed by:

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  • 07/03/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 07/03/2018
  • DocketNon-Jury Trial scheduled for 12/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/30/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/27/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/27/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/27/2018
  • DocketCivil Case Cover Sheet; Filed by: Jose Flores (Plaintiff)

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  • 06/27/2018
  • DocketComplaint; Filed by: Jose Flores (Plaintiff); As to: Tonya Raven (Defendant)

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Tentative Rulings

Case Number: 18STLC09165    Hearing Date: September 14, 2020    Dept: 25

HEARING DATE:   Mon., September 14, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Flores v. Raven COMPL. FILED: 06-27-18

CASE NUMBER: 18STLC09165 DISC. C/O: 11-14-20

NOTICE:   NO DISC. MOT. C/O:    11-29-20

TRIAL DATE: 12-14-20

PROCEEDINGS    MOTION FOR TERMINATING SANCTIONS FOR FAILURE TO COMPLY WITH COURT ORDER

MOVING PARTY:   Defendant Tonya Raven

RESP. PARTY: None

MOTION FOR TERMINATING SANCTIONS

(CCP § 2023.030)

TENTATIVE RULING:

Defendant Tonya Raven’s Motion for Terminating Sanctions is CONTINUED TO NOV 3, 2020 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 supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion 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 September 8, 2020    [   ] Late [X] None

REPLY: None filed as of September 8, 2020    [   ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On June 27, 2018, Plaintiff Jose Flores (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Tonya Raven (“Defendant”). Defendant filed an Answer on September 4, 2018. On November 19, 2018, Plaintiff filed a Substitution of Attorney indicating he would be representing himself moving forward.

On November 22, 2019, Defendant filed a motion to deem requests for admission admitted and motions to compel responses to requests for production of documents and form interrogatories. The Court granted Defendant’s unopposed discovery motions on February 18, 2020, and ordered Plaintiff to provide verified responses without objections to the request for production of documents and form interrogatories within thirty days of the Court’s order. (2/18/20 Minute Order.) The Court also ordered Plaintiff to pay Defendant sanctions of $300.00 within thirty days. (Id.)

On April 28, 2020, Defendant filed the instant Motion for Terminating Sanction for Failure to Comply with Court Order (the “Motion”), which was originally set for hearing for May 13, 2020. On May 5, 2020, the Court, on its own motion, continued the hearing to September 14, 2020 at 9:00 a.m. (5/5/20 Minute Order.) Notice was given to Plaintiff’s former counsel, but not to Plaintiff himself who, as of November 19, 2018, is representing himself.

Thus, the Court orders Defendant to file a proof of service demonstrating Plaintiff was given proper notice of this hearing. 

  1. Conclusion & Order 

Defendant Tonya Raven’s Motion for Terminating Sanctions is CONTINUED TO NOV 3, 2020 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 supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is to give notice.

Case Number: 18STLC09165    Hearing Date: February 18, 2020    Dept: 25

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND COMPEL RESPONSES TO REQUESTS FOR PRODUCTION

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Defendant Tonya Raven’s (1) Motion for Order that the Truth of Any Matters Specified in Requests for Admission be Deemed Admitted, (2) Motion to Compel Discovery Responses to Demand for Production of Documents, and (3) Motion to Compel Discovery Responses to Form Interrogatories are GRANTED. Plaintiff is ordered to serve responses without objections to Form Interrogatories and Request for Production of Documents within thirty (30) days of service of notice of this order.

Defendant’s requests for sanctions are also GRANTED in the reduced amount of $300.00 to be paid within thirty (30) days of service of notice of this order.

ANALYSIS:

  1. Background

On June 27, 2018, Plaintiff Jose Flores (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Tonya Raven (“Defendant”). On September 4, 2018, Defendant filed an Answer. On November 19, 2018, Plaintiff filed a Substitution of Attorney form indicating he would be representing himself moving forward.

On November 22, 2019, Defendant filed the instant Motion for Order that the Truth of Any Matters Specified in Requests for Admission be Deemed Admitted and Request for Sanctions (the “RFA Motion”), Motion to Compel Discovery Responses to Demand for Production of Documents and Request for Sanctions (the “Production of Documents Motion”), and Motion to Compel Discovery Responses to Form Interrogatories and Request for Sanctions (the “Interrogatories Motion”) (collectively, the “Motions”). To date, no opposition or reply briefs have been filed.

  1. Legal Standard & Discussion

  1. Request for Admissions

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (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).) 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.)

Here, Defendant served Plaintiff with Requests for Admissions, Set One, on June 20, 2019 by mail. (RFA Mot., Markarian Decl., ¶ 3, Exh. A.) Defense counsel states she contacted Plaintiff by telephone regarding the lack of responses, but it is unclear when she did so. (Id. at ¶ 5.) During this conversation, Plaintiff indicated he believed his file had been closed. (Id.) Defense counsel tried to inform him this was not the case, but Plaintiff remained firm in his position. (Id.) To date, Defendant has not received any responses from Plaintiff. (Id. at ¶ 8.) Thus, Defendant is entitled to an order deeming the Requests for Admission, Set One, admitted against Plaintiff. (Code Civ. Proc., § 2033.280.)

  1. Form Interrogatories & Request for Production of Documents

A party must respond to form 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 served Plaintiff with Form Interrogatories, Set One, and Request for Production of Documents, Set one, on June 20, 2019. (Interrogatories & Production of Documents Mot., Markarian Decl., ¶ 3, Exh. A.) As noted above, Defendant attempted to meet and confer regarding the lack of responses to the discovery requests, but Plaintiff remained firm in his position that his former attorney “closed his file.” (Id. at ¶ 5.) To date, Defendant has not received any responses to the Form Interrogatories or Request for Production of Documents. (Id. at ¶ 8.) Thus, Defendant is entitled to an order compelling Plaintiff to serve responses without objections. (Code Civ. Proc., §§ 2030.290; Code Civ. Proc., § 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 to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

In light of Plaintiff’s failure to take action despite being warned by Defendant that this matter remains active, the Court finds Plaintiff’s failure to respond to Defendant’s Requests for Admissions, Form Interrogatories, and Request for Production of Documents a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction for failing to respond to Defendant’s Requests for Admission under Code of Civil Procedure section 2033.280, subdivision (c).

Defendant’s counsel requests a total of $1,500.00 in sanctions, which includes fifteen hours of attorney time billed at $100.00 per hour. (Motions, Markarian Decl., ¶ 9.) Counsel does not seek to recover costs. However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. Defendant’s requests for sanctions are GRANTED in the reduced amount of $300.00 based on three hours of attorney time. Plaintiff is ordered to pay sanctions within thirty (30) days of service of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Tonya Raven’s (1) Motion for Order that the Truth of Any Matters Specified in Requests for Admission be Deemed Admitted, (2) Motion to Compel Discovery Responses to Demand for Production of Documents, and (3) Motion to Compel Discovery Responses to Form Interrogatories are GRANTED. Plaintiff is ordered to serve responses without objections to Form Interrogatories and Request for Production of Documents within thirty (30) days of service of notice of this order.

Defendant’s requests for sanctions are also GRANTED in the reduced amount of $300.00 to be paid within thirty (30) days of service of notice of this order.

Moving party is ordered to give notice.

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