This case was last updated from Los Angeles County Superior Courts on 06/21/2020 at 21:33:53 (UTC).

KATHY BUKSZAR, ET AL. VS BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO., ET AL.

Case Summary

On 07/01/2019 KATHY BUKSZAR filed a Personal Injury - Other Personal Injury lawsuit against BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO . 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:

    *******6167

  • Filing Date:

    07/01/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

BUKSZAR KATHY

MANIATES SPEROS

Defendants

PACIFIC PAINT AND CONSTRUCTION INC.

KANG AND INDIVIDUAL AND DBA PACIFIC PAINTING CO. BONG

Attorney/Law Firm Details

Plaintiff Attorney

MANIATES SPEROS

Defendant Attorney

VO MICHELLE N.

 

Court Documents

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

2/6/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice of Ruling - Notice of Ruling

2/10/2020: Notice of Ruling - Notice of Ruling

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

1/2/2020: 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

1/2/2020: 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

1/2/2020: 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

1/2/2020: 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 Posting of Jury Fees - Notice of Posting of Jury Fees

10/7/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

10/7/2019: Answer - Answer

Summons - Summons on Complaint

7/1/2019: Summons - Summons on Complaint

Complaint - Complaint

7/1/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

7/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/1/2019: First Amended Standing Order - First Amended Standing Order

1 More Documents Available

 

Docket Entries

  • 07/05/2022
  • Hearing07/05/2022 at 10:30 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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  • 12/28/2020
  • Hearing12/28/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/10/2020
  • DocketNotice of Ruling; Filed by: BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO. (Defendant); PACIFIC PAINT AND CONSTRUCTION INC. (Defendant)

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  • 02/06/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 02/06/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/06/2020; Result Type to Held

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  • 02/06/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/06/2020; Result Type to Held

    Read MoreRead Less
  • 02/06/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/06/2020; Result Type to Held

    Read MoreRead Less
  • 02/06/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/06/2020; Result Type to Held

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  • 01/03/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/06/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/03/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/06/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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6 More Docket Entries
  • 10/07/2019
  • DocketNotice of Posting of Jury Fees; Filed by: BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO. (Defendant); PACIFIC PAINT AND CONSTRUCTION INC. (Defendant)

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  • 10/07/2019
  • DocketAnswer; Filed by: BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO. (Defendant); PACIFIC PAINT AND CONSTRUCTION INC. (Defendant); As to: Kathy Bukszar (Plaintiff); Speros Maniates (Plaintiff)

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  • 07/02/2019
  • DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/02/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/01/2019
  • DocketComplaint; Filed by: Kathy Bukszar (Plaintiff); Speros Maniates (Plaintiff); As to: BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO. (Defendant); PACIFIC PAINT AND CONSTRUCTION INC. (Defendant)

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  • 07/01/2019
  • DocketSummons on Complaint; Issued and Filed by: Speros Maniates (Attorney); Kathy Bukszar (Plaintiff); As to: BONG KANG, AND INDIVIDUAL AND DBA PACIFIC PAINTING CO. (Defendant); PACIFIC PAINT AND CONSTRUCTION INC. (Defendant)

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  • 07/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Kathy Bukszar (Plaintiff); Speros Maniates (Plaintiff); As to: PACIFIC PAINT AND CONSTRUCTION INC. (Defendant)

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  • 07/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06167    Hearing Date: February 06, 2020    Dept: 94

MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendants Bong Kang and Pacific Paint and Construction, Inc.’s Motions to Compel Discovery are GRANTED. Verified responses without objections to the Form Interrogatories and Requests for Production of Documents separately propounded to Speros Maniates and Kathy Bukszar are to be served within 30 days of service of this order.

Defendants’ Request for Sanctions is also GRANTED in the reduced amount of $915.00 to be paid to Defendants within 30 days of service of this order.

I. Background

On July 1, 2019, Plaintiffs Speros Maniates (“Maniates”) and Kathy Bukszar (“Bukszar”) filed an action for negligence and negligent infliction of emotional distress against Defendants Bong Kang dba Pacific Painting Co., and Pacific Paint and Construction, Inc. (collectively, “Defendants”). On October 7, 2019, Defendants filed an Answer.

On January 2, 2020, Defendants filed the following four motions (1) Motion to Compel Plaintiff Speros Maniates’ Responses to Request for Production of Documents, Set One, and Request for Sanctions; (2) Motion to Compel Plaintiff Kathy Bukszar’s Responses to Request for Production of Documents, Set One, and Request for Sanctions; (3) Motion to Compel Plaintiff Speros Mainates’ Responses to Form Interrogatories, Set One, and Request for Sanctions; and (4) Motion to Compel Plaintiff Kathy Bukszar’s Responses to Form Interrogatories, Set One, and Request for Sanctions (collectively, the “Motions” or “Motions to Compel Discovery”).

To date, no opposition or reply briefs have been filed.

II. Legal Standard & Discussion

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’ Motions are timely as they were filed before the December 13, 2020 cut-off for discovery motions. On October 4, 2019, Defendants served Form Interrogatories and Requests for Production of Documents separately on Maniates and Bukszar. (Motions., Vo. Decl., ¶ 2.) To date, Defendants have not received responses to any of the four discovery requests. (Id., ¶ 6.) Thus, Defendants are entitled to an order compelling Plaintiffs to serve responses without objections. (Code Civ. Proc., §§ 2030.290; Code Civ. Proc., § 2031.300.)

In addition, 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).)

The Court finds that Plaintiffs’ failure to respond to Defendants’ Form Interrogatories and Requests for Production of Documents a misuse of the discovery process.

Defendants’ counsel requests a total of $2,040.00 in sanctions, which includes 8 hours of attorney time billed at $225.00 per hour and four $60.00 filing fees. (Motions, Vo Decl., ¶ 7.) 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 $915.00, which includes 3 hours of attorney time and 4 filing fees of $60.00.

III. Conclusion & Order

For the foregoing reasons, Defendants Bong Kang and Pacific Paint and Construction, Inc.’s Motions to Compel Discovery are GRANTED. Verified responses without objections to the Form Interrogatories and Request for Production of Documents separately propounded to Speros Maniates and Kathy Bukszar are to be served within 30 days of service of this order.

Defendants’ Request for Sanctions is also GRANTED in the reduced amount of $915.00 to be paid to Defendants within 30 days of service of this order.

Moving party is ordered to give notice.