This case was last updated from Los Angeles County Superior Courts on 09/27/2021 at 04:50:46 (UTC).

JUAN PABLO DE DIOS VS ERIC KOTLER, ET AL.

Case Summary

On 10/15/2020 JUAN PABLO DE DIOS filed a Contract - Other Contract lawsuit against ERIC KOTLER. 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:

    *******8762

  • Filing Date:

    10/15/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

DE DIOS JUAN PABLO

Cross Plaintiffs and Defendants

KOTLER NATALIE

KOTLER ERIC

Cross Defendant

GONZALES VICTOR

Attorney/Law Firm Details

Cross Plaintiff and Defendant Attorney

ISAACS BARAK

Cross Defendant Attorney

VARGAS BRENDA ELIZABETH

 

Court Documents

Answer - Answer

11/19/2020: Answer - Answer

Cross-Complaint - Cross-Complaint

11/19/2020: Cross-Complaint - Cross-Complaint

Answer - Answer

6/14/2021: Answer - Answer

Stipulation and Order (name extension) - Stipulation and Order to set aside default

6/1/2021: Stipulation and Order (name extension) - Stipulation and Order to set aside default

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

5/27/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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

4/16/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

4/16/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

2/8/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/8/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/11/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/2/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

11/10/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

11/10/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

10/15/2020: Summons - Summons on Complaint

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

10/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/15/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

10/15/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/15/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

11 More Documents Available

 

Docket Entries

  • 10/19/2023
  • Hearing10/19/2023 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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  • 04/14/2022
  • Hearing04/14/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/14/2021
  • DocketAnswer; Filed by: Victor Gonzales (Cross-Defendant); As to: Eric Kotler (Cross-Complainant); Natalie Kotler (Cross-Complainant)

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  • 06/03/2021
  • DocketUpdated -- Stipulation and Order to set aside default: Filed By: Natalie Kotler (Cross-Complainant),Natalie Kotler (Defendant),Eric Kotler (Defendant),Eric Kotler (Cross-Complainant),Eric Kotler (Cross-Complainant); Result: Granted; Result Date: 06/03/2021

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  • 06/03/2021
  • DocketOn the Cross-Complaint filed by Eric Kotler, et al. on 11/19/2020, Default entered on 02/11/2021, Vacated - .

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  • 06/03/2021
  • DocketUpdated -- Stipulation and Order to set aside default: Status Date changed from 06/01/2021 to 06/03/2021; Result Date changed from 06/03/2021 to 06/03/2021; As To Parties changed from Juan Pablo De Dios (Plaintiff) to Juan Pablo De Dios (Plaintiff)

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  • 05/27/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 05/27/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 05/27/2021; Result Type to Held - Motion Denied

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  • 05/27/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 05/27/2021; Result Type to Held - Motion Denied

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  • 04/19/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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16 More Docket Entries
  • 11/10/2020
  • DocketProof of Personal Service; Filed by: Juan Pablo De Dios (Plaintiff); As to: Eric Kotler (Defendant); Service Date: 10/27/2020; Service Cost: 85.00; Service Cost Waived: No

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  • 11/10/2020
  • DocketProof of Personal Service; Filed by: Juan Pablo De Dios (Plaintiff); As to: Natalie Kotler (Defendant); Service Date: 10/27/2020; Service Cost: 85.00; Service Cost Waived: No

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  • 10/16/2020
  • DocketNon-Jury Trial scheduled for 04/14/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/19/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/16/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 10/15/2020
  • DocketComplaint; Filed by: Juan Pablo De Dios (Plaintiff); As to: Eric Kotler (Defendant); Natalie Kotler (Defendant)

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  • 10/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Juan Pablo De Dios (Plaintiff); As to: Eric Kotler (Defendant); Natalie Kotler (Defendant)

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  • 10/15/2020
  • DocketCivil Case Cover Sheet; Filed by: Juan Pablo De Dios (Plaintiff); As to: Eric Kotler (Defendant); Natalie Kotler (Defendant)

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  • 10/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC08762    Hearing Date: May 27, 2021    Dept: 25

PROCEEDINGS: (1) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS

(2) MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS

MOVING PARTY: Defendants Eric Kotler and Natalie Kotler

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:

Because Defendants Eric Kotler and Natalie Kotler’s discovery requests exceed what is permitted in limited jurisdiction actions, their Motions are DENIED WITHOUT PREJUDICE.

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 May 25, 2021 [ ] Late [X] None

REPLY: None filed as of May 25, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On October 15, 2020, Plaintiff Juan Pablo De Dios (“Plaintiff”), in pro per, filed an action alleging breach of contract and common count causes of action against Defendants Eric Kotler and Natalie Kotler (collectively, “Defendants”). Defendants filed an Answer and a Cross-Complaint against Victor Gonzalez (“Cross-Defendant”) on November 19, 2020. Following Cross-Defendant’s failure to respond, default was entered against him on February 11, 2021.

Defendants filed the instant (1) Motion to Compel Responses to Form Interrogatories and Request for Sanctions and (2) Motion to Compel Responses to Request for Production of Documents and Request for Sanctions (collectively, the “Motions”) on April 16, 2021. 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, Defendants served Plaintiff with Form Interrogatories, Set One, and Request for Production of Documents, Set One, on March 8, 2021 via regular mail. (Motions, Isaac Decls., ¶¶ 2, Exhs. A.) The Motions seek to compel responses to 33 form interrogatories and to 26 requests for production, totaling 59 requests. (Id.) This, however, exceeds what is permitted in limited jurisdiction actions. Code of Civil Procedure section 94 permits a propounding party to serve any combination of 35 interrogatories, demands to produce, and requests for admission in total. (Code Civ. Proc., § 94, subd. (a)(1)-(3).)

For this reason, Defendants’ Motions are DENIED.

III. Conclusion & Order

Because Defendants Eric Kotler and Natalie Kotler’s discovery requests exceed what is permitted in limited jurisdiction actions, their Motions are DENIED WITHOUT PREJUDICE.

Moving party is ordered to give notice.

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