This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 05:26:41 (UTC).

KARLA MAZARIEGOS DE LEON VS JHON MENDOZA, ET AL.

Case Summary

On 01/29/2020 KARLA MAZARIEGOS DE LEON filed a Personal Injury - Motor Vehicle lawsuit against JHON MENDOZA. 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:

    *******0890

  • Filing Date:

    01/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff and Cross Defendant

MAZARIEGOS DE LEON KARLA

Defendants and Cross Plaintiffs

MENDOZA JHON

CONTRERAS JUANA MENDOZA

Attorney/Law Firm Details

Plaintiff Attorney

FU EUGENE S.

Defendant and Cross Plaintiff Attorneys

OPFELL CHRISTOPHER K

AHN PAUL

Cross Defendant Attorney

MUHTASEB TARIK T.

 

Court Documents

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

12/30/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Motion to Compel (name extension) - Motion to Compel Motion to Compel Form Interrogatories

1/8/2021: Motion to Compel (name extension) - Motion to Compel Motion to Compel Form Interrogatories

Motion to Compel (name extension) - Motion to Compel Motion to Compel Responses to Request for Production of Documents

1/8/2021: Motion to Compel (name extension) - Motion to Compel Motion to Compel Responses to Request for Production of Documents

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

1/20/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

3/25/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice of Ruling - Notice of Ruling

3/30/2021: Notice of Ruling - Notice of Ruling

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

5/6/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

5/6/2021: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

5/6/2021: Demand for Jury Trial - Demand for Jury Trial

Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER

5/28/2021: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

5/1/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Answer - Answer

5/21/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

5/21/2020: Demand for Jury Trial - Demand for Jury Trial

Summons - Summons on Complaint

5/21/2020: Summons - Summons on Complaint

Cross-Complaint - Cross-Complaint

5/21/2020: Cross-Complaint - Cross-Complaint

Summons - Summons on Complaint

1/29/2020: Summons - Summons on Complaint

Complaint - Complaint

1/29/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

8 More Documents Available

 

Docket Entries

  • 02/01/2023
  • Hearing02/01/2023 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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  • 02/01/2022
  • Hearing02/01/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 05/28/2021
  • DocketStipulation and Order STIPULATION TO CONTINUE TRIAL; [PROPOSED] ORDER; Signed and Filed by: KARLA MAZARIEGOS DE LEON (Cross-Defendant); As to: JUAN MENDOZA CONTRERAS Erroneously Sued As JUANA MENDOZA CONTRERAS (Defendant)

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  • 05/28/2021
  • DocketUpdated -- Event scheduled for 07/28/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 05/28/2021
  • DocketPursuant to written stipulation, Jury Trial scheduled for 07/28/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Stipulation was rescheduled to 02/01/2022 08:30 AM

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  • 05/06/2021
  • DocketAnswer; Filed by: KARLA MAZARIEGOS DE LEON (Cross-Defendant)

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  • 05/06/2021
  • DocketDemand for Jury Trial; Filed by: KARLA MAZARIEGOS DE LEON (Cross-Defendant)

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  • 05/06/2021
  • DocketNotice of Posting of Jury Fees; Filed by: KARLA MAZARIEGOS DE LEON (Cross-Defendant)

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  • 03/30/2021
  • DocketNotice of Ruling; Filed by: JHON MENDOZA (Defendant); JUAN MENDOZA CONTRERAS Erroneously Sued As JUANA MENDOZA CONTRERAS (Defendant)

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  • 03/25/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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14 More Docket Entries
  • 05/01/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Signed and Filed by: KARLA MAZARIEGOS DE LEON (Plaintiff); As to: JUAN MENDOZA CONTRERAS Erroneously Sued As JUANA MENDOZA CONTRERAS (Defendant); Type: Fictitious Name

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  • 04/15/2020
  • DocketUpdated -- Amendment to Complaint (Fictitious/Incorrect Name): Filed By: KARLA MAZARIEGOS DE LEON (Plaintiff); Result: Granted; Result Date: 04/15/2020

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  • 01/29/2020
  • DocketNon-Jury Trial scheduled for 07/28/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/01/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 01/29/2020
  • DocketComplaint; Filed by: KARLA MAZARIEGOS DE LEON (Plaintiff); As to: JHON MENDOZA (Defendant); JUANA MENDOZA CONTRERAS (Defendant)

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  • 01/29/2020
  • DocketSummons on Complaint; Issued and Filed by: KARLA MAZARIEGOS DE LEON (Plaintiff); As to: JHON MENDOZA (Defendant); JUANA MENDOZA CONTRERAS (Defendant)

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  • 01/29/2020
  • DocketCivil Case Cover Sheet; Filed by: KARLA MAZARIEGOS DE LEON (Plaintiff); As to: JHON MENDOZA (Defendant); JUANA MENDOZA CONTRERAS (Defendant)

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  • 01/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/29/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC00890    Hearing Date: March 25, 2021    Dept: 25

HEARING DATE:   Thu., March 25, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: De Leon v. Mendoza, et al. COMPL. FILED: 01-29-20

CASE NUMBER: 20STLC00890 DISC. C/O: 06-28-21

NOTICE:   OK DISC. MOT. C/O:    07-13-21

TRIAL DATE: 07-28-21

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

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

MOVING PARTY:   Defendants Jhon Mendoza and Juan Mendoza

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:

Defendants Jhon Mendoza and Juan Mendoza Contreras’ (1) Motion to Compel Answers to Form Interrogatories and (2) Motion to Compel Responses to Request for Production of Documents are GRANTED. Plaintiff is ordered to serve verified responses without objections within thirty (30) days of notice of this order. Defendants’ requests for sanctions are also GRANTED in the amount of $470.00 to be paid within thirty (30) days of notice of this order.

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 March 23, 2021 [   ] Late [X] None

REPLY: None filed as of March 23, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

On January 29, 2020, Plaintiff Karla Mazariegos de Leon (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Jhon Mendoza (“Mendoza”) and Juana Mendoza Contreras (“Contreras”). Plaintiff filed an amendment to the Complaint on May 1, 2020 correcting Defendant Contreras’ name to “Juan Mendoza Contreras.” Defendants filed a joint Answer on May 21, 2020. Defendants also filed a Cross-Complaint against Plaintiff for declaratory relief, motor vehicle negligence, and general negligence.

On January 8, 2021, Defendants filed the instant (1) Motion to Compel Answers to Form Interrogatories and Request for Sanctions and (2) Motion to Compel Response to Request for Production of Documents and Request for Sanction (collectively, the “Motions”). To date, no opposition has been filed.

  1. 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.) 

Defendants served Plaintiff with Form Interrogatories, Set One, Request for Production of Documents, Set One, on July 10, 2020 via email. (Motions, Opfell Decl., ¶¶ 5, Exhs. A.) On September 12, 2020 and September 29, 2020, Defendants’ counsel sent Plaintiff’s counsel an email regarding the missing discovery responses and advising a motion to compel would be filed. (Id. at ¶¶ 6, 7, Exhs. B, C.) As of the date these Motions were filed, Plaintiff had not provided any responses. (Id. at ¶¶ 8.) Thus, Defendants are entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)

B. 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 e. discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

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

Defendants’ counsel requests sanctions of $820.00 based on four hours of attorney time billed at $175.00 per hour and two filing fees of $60.00. (Motions, Opfell Decl., ¶¶ 11.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. The Court finds $470.00, based on two hours of attorney time and two filing fees of $60.00, to be reasonable.

  1. Conclusion & Order

For the foregoing reasons, Defendants Jhon Mendoza and Juan Mendoza Contreras’ (1) Motion to Compel Answers to Form Interrogatories and (2) Motion to Compel Responses to Request for Production of Documents are GRANTED. Plaintiff is ordered to serve verified responses without objections within thirty (30) days of notice of this order. Defendants’ requests for sanctions are also GRANTED in the amount of $470.00 to be paid within thirty (30) days of notice of this order.  

Moving party is ordered to give notice.

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