This case was last updated from Los Angeles County Superior Courts on 05/28/2020 at 21:02:05 (UTC).

LUBIN ROCHA VS MARIA LOPEZ

Case Summary

On 06/05/2019 LUBIN ROCHA filed a Personal Injury - Motor Vehicle lawsuit against MARIA LOPEZ. 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:

    *******5392

  • Filing Date:

    06/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ROCHA LUBIN

Defendant

LOPEZ MARIA

Attorney/Law Firm Details

Plaintiff Attorney

WILLOUGHBY ANTHONY

Defendant Attorney

NEPOMUCENO ERWIN A.

 

Court Documents

Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO FORM INTERROGATORIES

12/26/2019: Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO FORM INTERROGATORIES

Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES

12/26/2019: Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES

Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS

12/26/2019: Motion to Compel (name extension) - Motion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS

Demand for Jury Trial - Demand for Jury Trial

7/9/2019: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

7/9/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/5/2019: Summons - Summons on Complaint

Complaint - Complaint

6/5/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

6/5/2019: First Amended Standing Order - First Amended Standing Order

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

6/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/08/2022
  • Hearing06/08/2022 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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  • 12/02/2020
  • Hearing12/02/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/21/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 01/21/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/21/2020; Result Type to Held - Motion Granted

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  • 01/21/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/21/2020; Result Type to Held - Motion Granted

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  • 01/21/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/21/2020; Result Type to Held - Motion Granted

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  • 12/26/2019
  • DocketMotion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS; Filed by: Maria Lopez (Defendant); As to: Lubin Rocha (Plaintiff)

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  • 12/26/2019
  • DocketMotion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO FORM INTERROGATORIES; Filed by: Maria Lopez (Defendant); As to: Lubin Rocha (Plaintiff)

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  • 12/26/2019
  • DocketMotion to Compel MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES; Filed by: Maria Lopez (Defendant); As to: Lubin Rocha (Plaintiff)

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  • 12/26/2019
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/21/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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2 More Docket Entries
  • 07/09/2019
  • DocketDemand for Jury Trial; Filed by: Maria Lopez (Defendant)

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  • 07/09/2019
  • DocketAnswer; Filed by: Maria Lopez (Defendant); As to: Lubin Rocha (Plaintiff)

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  • 06/06/2019
  • DocketNon-Jury Trial scheduled for 12/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/06/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/06/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/05/2019
  • DocketComplaint; Filed by: Lubin Rocha (Plaintiff); As to: Maria Lopez (Defendant)

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  • 06/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Lubin Rocha (Plaintiff); As to: Maria Lopez (Defendant)

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  • 06/05/2019
  • DocketSummons on Complaint; Issued and Filed by: Lubin Rocha (Plaintiff); As to: Maria Lopez (Defendant)

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  • 06/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05392    Hearing Date: January 21, 2020    Dept: 25

MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR DOCUMENTS, FORM INTERROGATORIES, AND REQUESTS FOR ADMISSION

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Maria Lopez’s Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories, Motion to Compel Plaintiff’s Verified Responses to Special Interrogatories, and Motion to Compel Plaintiff’s Verified Responses to Demand for Production of Documents are GRANTED.

Defendant’s Request for Monetary Sanctions is also granted in the amount of $555.00 to be paid within thirty (30) days of service of notice of this order. 

ANALYSIS:

  1. Background

On June 5, 2019, Plaintiff Lubin Rocha (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Maria Lopez (“Defendant”).

On December 26, 2019, Defendant filed the following three motions (collectively, the “Motions”):

  1. Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories and Request for Monetary Sanctions (the “Form Interrogatories Motion”)

  2. Motion to Compel Plaintiff’s Verified Responses to Special Interrogatories and Request for Monetary Sanctions (the “Special Interrogatories Motion”); and

  3. Motion to Compel Plaintiff’s Verified Responses to Demand for Production of Documents and Request for Monetary Sanctions (the “Request for Production Motion”)

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

  1. Legal Standard

A party must respond to discovery requests within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party does not provide timely responses to discovery requests, 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. (b).) There is no time limit for a motion to compel responses where no responses have been served other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses. (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.)

  1. Discussion

Here, Defendant served Plaintiff with Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production of Documents, Set One, by mail on July 9, 2019. (Motions, Nepomuceno Decl., ¶ 2.) Responses to Defendant’s discovery requests were due on August 13, 2019. (Id., ¶ 3.) Defendant granted Plaintiff a two-week extension to have responses to the discovery requests due on August 28, 2019. (Id., ¶ 4.) To date, Plaintiff has not responded to any of Defendant’s discovery requests. (Id., ¶ 6.) Thus, Defendant is entitled to an order requiring Plaintiff to serve verified responses to the discovery requests and without objections.

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. 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 Plaintiff’s failure to provide responses to Defendant’s discovery requests is a misuse of the discovery process.

Defense counsel requests a total of $1,305.00 in sanctions, which includes nine hours of attorney time billed at $125.00 per hour and a $60 filing fee for each Motion. (Motions, Nepomuceno 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 Request for Sanctions is GRANTED in the amount of $555.00 based on three hours of attorney time billed at $125.00 per hour plus three filing fees of $60.00, to be paid within thirty (30) days of service of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Maria Lopez’s Motion to Compel Plaintiff’s Verified Responses to Form Interrogatories, Motion to Compel Plaintiff’s Verified Responses to Special Interrogatories, and Motion to Compel Plaintiff’s Verified Responses to Demand for Production of Documents are GRANTED.

Defendant’s Request for Monetary Sanctions is also granted in the amount of $555.00 to be paid within thirty (30) days of service of notice of this order.

Moving party to give notice.