This case was last updated from Los Angeles County Superior Courts on 04/05/2021 at 12:16:49 (UTC).

LETROY DAVIS VS DANNY J. HEREDIA

Case Summary

On 09/16/2020 LETROY DAVIS filed a Personal Injury - Other Personal Injury lawsuit against DANNY J HEREDIA. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7847

  • Filing Date:

    09/16/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

DAVIS LETROY

Defendant

HEREDIA DANNY J. DBA PACIFIC AUTO RECOVERY

Attorney/Law Firm Details

Plaintiff Attorney

MANKIN LEE

 

Court Documents

Response to Petition - Response to Petition

11/30/2020: Response to Petition - Response to Petition

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

11/20/2020: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

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

11/4/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

10/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

9/16/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

9/16/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

9/16/2020: First Amended Standing Order - First Amended Standing Order

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

9/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/20/2023
  • Hearing09/20/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/16/2022
  • Hearing03/16/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/30/2020
  • DocketResponse to Petition; Filed by: Danny J. Heredia (Defendant)

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  • 11/20/2020
  • DocketUpdated -- Response Response: Filed By: Danny J. Heredia (Defendant); Result: Voided; Result Date: 11/20/2020; As To Parties: removed

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  • 11/20/2020
  • DocketClerk's Notice of Voiding of Filing; Filed by: Clerk

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  • 11/04/2020
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Danny J. Heredia (Defendant); Result: Denied; Result Date: 11/04/2020

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  • 11/04/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): Status Date changed from 11/04/2020 to 11/04/2020; Status changed from TP to Filed

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  • 11/04/2020
  • DocketOrder on Court Fee Waiver (Superior Court); TP by:

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  • 11/02/2020
  • DocketResponse Response; Filed by: Danny J. Heredia (Defendant)

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  • 11/02/2020
  • DocketRequest to Waive Court Fees; Filed by: Danny J. Heredia (Defendant)

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  • 10/06/2020
  • DocketProof of Service by Substituted Service; Filed by: Letroy Davis (Plaintiff); As to: Danny J. Heredia (Defendant); Proof of Mailing Date: 10/06/2020; Service Cost: 85.00; Service Cost Waived: No

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  • 09/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/16/2020
  • DocketSummons on Complaint; Issued and Filed by: Letroy Davis (Plaintiff); As to: Danny J. Heredia (Defendant)

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  • 09/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Letroy Davis (Plaintiff); As to: Danny J. Heredia (Defendant)

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  • 09/16/2020
  • DocketComplaint; Filed by: Letroy Davis (Plaintiff); As to: Danny J. Heredia (Defendant)

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  • 09/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/20/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/16/2020
  • DocketNon-Jury Trial scheduled for 03/16/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/16/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC07847 Hearing Date: August 2, 2021 Dept: 26

Davis v. Heredia, et\r\nal. 20STLC07847

MOTION\r\nTO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; DEEM\r\nREQUESTS FOR ADMISSION ADMITTED;

\r\n\r\n

REQUEST\r\nFOR SANCTIONS

\r\n\r\n

(CCP\r\n§§ 2030.290, 2031.300, 2033.280, 2023.010)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

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Plaintiff Letroy Davis’s Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions is GRANTED.\r\nDEFENDANT DANNY J. HEREDIA DBA PACIFIC AUTO RECOVERY IS TO SERVE VERIFIED\r\nRESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20 DAYS’ SERVICE\r\nOF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $222.50 TO\r\nPLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

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\r\n\r\n

THE COURT MAKES NO ORDER ON THE REMAINING DISCOVERY AND\r\nSANCTIONS REQUESTS AT THIS TIME.

ANALYSIS:

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Plaintiff Letroy Davis (“Plaintiff”) propounded Form\r\nInterrogatories, Set One, Special Interrogatories, Set One, and Requests for\r\nProduction of Documents, Set One, on Defendant Danny J. Heredia dba Pacific\r\nAuto Recovery (“Defendant”) on October 23, 2020. (Motion, Dahl Decl., Exh. A.)\r\nFollowing no served responses or response from Defendant to a meet and confer\r\neffort, Plaintiff filed the instant Motion to Compel Defendant’s Responses to\r\nInterrogatories and Requests for Production; and Request For Monetary Sanctions\r\non July 1, 2021. (Id. at ¶¶4-6 and Exhs. B-D.) No opposition has been\r\nfiled to date.

Discussion

Initially, the Court addresses the fact that Plaintiff has\r\nreserved a single discovery motion to compel responses with respect to three\r\nseparate sets of discovery. Combining three separate motions into a single\r\nmotion and reservation negatively impacts the Court’s calendar by placing more\r\nmotions on the calendar than slots have been provided by the online reservation\r\nsystem. Furthermore, it allows the party to avoid paying the requisite filing\r\nfees. “[I]t is mandatory for the court clerks to demand and receive statutorily\r\nrequired filing fees.” (Duran v. St. Luke’s Hospital (2003) 114\r\nCal.App.4th 457, 460.)

Therefore, the Court will only rule on the Motion to Compel\r\nResponses to Form Interrogatories, Set One, and Request For Sanctions. Based on\r\nDefendant’s failure to serve initial responses, the request to compel responses\r\nto form interrogatories is granted. There is no requirement for a prior meet\r\nand confer effort before a motion to compel initial responses can be filed.\r\n(Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time\r\nafter the responding party fails to provide the responses. (Code Civ. Proc., §\r\n2030.290.) Plaintiff is entitled to an order compelling Defendant to serve\r\nverified responses to the form interrogatories without objections.

Defendant’s failure to timely respond constitutes a misuse\r\nof the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions\r\nare appropriate under Code of Civil Procedure sections 2023.010 and 2023.030\r\nand have been properly noticed. Using a lodestar calculation, the request for\r\nsanctions is granted against Defendant in the amount of $222.50 based on half\r\nan hour of attorney time billed at $325.00 an hour, plus $60.00 in costs.\r\n(Motion, Dahl Decl., ¶9.) The sanctions are to be paid within 20 days’ service\r\nof this order.

The Court makes no order on the requests to compel responses\r\nto Special Interrogatories, Set One, and Demand For Production Of Documents,\r\nSet One, and related requests for sanctions. Those requests must be separately\r\nreserved on the Court’s online reservation system before a ruling will issue.

Conclusion

Plaintiff Letroy Davis’s Motion Compelling Responses to Form Interrogatories, Set One, and for Monetary Sanctions is GRANTED.\r\nDEFENDANT DANNY J. HEREDIA DBA PACIFIC AUTO RECOVERY IS TO SERVE VERIFIED\r\nRESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20 DAYS’ SERVICE\r\nOF THIS ORDER. DEFENDANT IS ALSO ORDERED TO PAY SANCTIONS OF $222.50 TO\r\nPLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

THE COURT MAKES NO ORDER ON THE REMAINING DISCOVERY REQUESTS\r\nAT THIS TIME.

Moving party to give notice.

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