This case was last updated from Los Angeles County Superior Courts on 09/03/2021 at 02:02:15 (UTC).

JUAN GARCIA VS BORIS COSMETIC

Case Summary

On 02/19/2020 JUAN GARCIA filed a Civil Right - Other Civil Right lawsuit against BORIS COSMETIC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1612

  • Filing Date:

    02/19/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GARCIA JUAN

Defendants

BORIS COSMETIC SURGACAL CENTER

9700 9708 VENICE BLVD LLC A LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Defendant Attorney

GEORGE ROSELY

 

Court Documents

Minute Order - Minute Order (Non-Jury Trial:)

8/31/2021: Minute Order - Minute Order (Non-Jury Trial:)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial:) of 08/31/2021

8/31/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial:) of 08/31/2021

Order - Dismissal - Order - Dismissal

8/31/2021: Order - Dismissal - Order - Dismissal

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

8/12/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion to Compel (name extension) - Motion to Compel Defendant Boris Cosmetic Surgical Centers Notice Of Motion And Motion To Compel Plaintiff Juan Garcias Responses To Form Interrogatories, Set One,

2/25/2021: Motion to Compel (name extension) - Motion to Compel Defendant Boris Cosmetic Surgical Centers Notice Of Motion And Motion To Compel Plaintiff Juan Garcias Responses To Form Interrogatories, Set One,

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

2/25/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

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

4/26/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice of Ruling - Notice of Ruling

5/4/2021: Notice of Ruling - Notice of Ruling

Answer - Answer

4/23/2020: Answer - Answer

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

2/19/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

2/19/2020: Complaint - Complaint

Summons - Summons on Complaint

2/19/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/19/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/19/2020: First Amended Standing Order - First Amended Standing Order

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

2/20/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3 More Documents Available

 

Docket Entries

  • 08/31/2021
  • DocketOn the Complaint filed by Juan Garcia on 02/19/2020, entered Order for Dismissal without prejudice as to the entire action, pursuant to CCP 581(b)(5)

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  • 08/31/2021
  • DocketOrder - Dismissal; Issued and Filed by: Clerk

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  • 08/31/2021
  • DocketMinute Order (Non-Jury Trial:)

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  • 08/31/2021
  • DocketCertificate of Mailing for (Non-Jury Trial:) of 08/31/2021; Filed by: Clerk

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  • 08/31/2021
  • DocketNon-Jury Trial scheduled for 08/31/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 08/31/2021

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  • 08/31/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/31/2021

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  • 08/12/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/12/2021
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/31/2021 08:30 AM

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  • 05/04/2021
  • DocketNotice of Ruling; Filed by: BORIS COSMETIC SURGICAL CENTER Erroneously Sued As BORIS COSMETIC SURGACAL CENTER (Defendant)

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  • 04/26/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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7 More Docket Entries
  • 02/20/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/20/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Juan Garcia (Plaintiff)

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  • 02/20/2020
  • DocketNon-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/19/2020
  • DocketComplaint; Filed by: Juan Garcia (Plaintiff); As to: BORIS COSMETIC SURGACAL CENTER (Defendant); 9700 9708 VENICE BLVD LLC, A LIMITED LIABILITY COMPANY (Defendant)

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  • 02/19/2020
  • DocketSummons on Complaint; Issued and Filed by: Juan Garcia (Plaintiff); As to: BORIS COSMETIC SURGACAL CENTER (Defendant)

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  • 02/19/2020
  • DocketRequest to Waive Court Fees; Filed by: Juan Garcia (Plaintiff)

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  • 02/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Juan Garcia (Plaintiff); As to: BORIS COSMETIC SURGACAL CENTER (Defendant)

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  • 02/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01612    Hearing Date: April 26, 2021    Dept: 26

PROCEEDINGS:(1) MOTION TO COMPEL RESPONSES TO FORM
INTERROGATORIES, SET ONE AND REQUEST FOR MONETARY
SANCTIONS; and
(2) MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED AND
REQUEST FOR MONETARY SANCTIONS
MOVING PARTY: Defendant Boris Cosmetic Surgical Center
RESP. PARTY: None
MOTION TO COMPEL RESPONSES TO INTERROGATORIES; DEEM REQUESTS FOR
ADMISSION ADMITTED; REQUEST FOR SANCTIONS
(CCP §§ 2030.290, 2033.280)
TENTATIVE RULING:
Defendant Boris Cosmetic Surgical Center’s (1) Motion Compelling Plaintiff Juan Garcia to Respond to
Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Juan
Garcia to Respond to Request for Production of Documents, Set One and for Monetary Sanctions are
GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE
DISCOVERY WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER
ORDERED TO PAY SANCTIONS OF $520.00 TO PLAINTIFFS’ COUNSEL WITHIN 20 DAYS’
SERVICE OF THIS ORDER.
ANALYSIS:
Defendant Boris Cosmetic Surgical Center (erroneously sued as “Boris Cosmetic Surgacal Center”)
(“Defendant BCSC”) propounded Form Interrogatories, Set One and Requests for Admission, Set One,
on Plaintiff Juan Garcia (“Plaintiff”) on July 28, 2020. (Motions, George Decl., Exh. A.) Following
Plaintiff’s failure to respond, defense counsel sent meet and confer letters to Plaintiff’s counsel. (Id. at
Exhs. B-C.) To date, Defendant BCSC has not received responses or any other communication from
Plaintiff about the discovery requests. (Id. at ¶6.) Defendant BCSC filed the instant (1) Motion to
Compel Responses to Form Interrogatories, Set One and Request for Sanctions; and (2) Motion to Deem
Requests for Admission Admitted and Request for Sanctions on February 25, 2021. No opposition has
been filed to date.
Discussion
There is no requirement for a prior meet and confer effort before a motion to compel initial responses or
motion to deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290, 2033.280.) Further,
the motion can be brought any time after the responding party fails to provide the responses. (Code Civ.
Proc., §§ 2030.290, 2033.280.) Based on Plaintiff’s failure to respond to the propounded discovery,
Defendant BCSC is entitled to an order compelling service of verified responses to the Form
Interrogatories, Set One, without objections. (Code Civ. Proc., § 2030.290.) Defendant BCSC is also
entitled to an order deeming the requests for admission against Plaintiff. (Code Civ. Proc., § 2033.280.)
Plaintiff’s failure to timely respond to the discovery also constitutes a misuse of the discovery process.
(Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure
sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is
excessive under a lodestar calculation. Therefore, the request for sanctions is granted against Plaintiff in
the amount of $520.00 based on two hours of attorney time billed at $200.00 an hour and $120.00 in
costs. (Motions, George Decl., ¶7.)
Conclusion
Defendant Boris Cosmetic Surgical Center’s (1) Motion Compelling Plaintiff Juan Garcia to Respond to
Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff Juan
Garcia to Respond to Request for Production of Documents, Set One and for Monetary Sanctions are
GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE
DISCOVERY WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER
ORDERED TO PAY SANCTIONS OF $520.00 TO PLAINTIFFS’ COUNSEL WITHIN 20 DAYS’
SERVICE OF THIS ORDER.
Moving party to give notice.
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