This case was last updated from Los Angeles County Superior Courts on 11/05/2020 at 13:08:26 (UTC).

MAIRA MORALES VS KP3, LLC

Case Summary

On 07/02/2019 MAIRA MORALES filed a Civil Right - Other Civil Right lawsuit against KP3, LLC. 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:

    *******6402

  • Filing Date:

    07/02/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MORALES MAIRA

Defendant

KP3 LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

Defendant Attorney

KIM JONG YUN

 

Court Documents

Notice of Settlement - Notice of Settlement

9/2/2020: Notice of Settlement - Notice of Settlement

Opposition (name extension) - Opposition to Plaintiff Maira Morales' Motion to Compel Answers

9/2/2020: Opposition (name extension) - Opposition to Plaintiff Maira Morales' Motion to Compel Answers

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

9/4/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Declaration (name extension) - Declaration of Reginald Carlton

8/18/2020: Declaration (name extension) - Declaration of Reginald Carlton

Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

7/23/2020: Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility C - Notice of Stay of Proceedings and Early Evaluation Conference (Construction-Related Accessibility

Statement of the Case - Statement of the Case PLAINTIFF'S EARLY EVALUATION CONFERENCE STATEMENT

7/29/2020: Statement of the Case - Statement of the Case PLAINTIFF'S EARLY EVALUATION CONFERENCE STATEMENT

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

7/23/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55 - Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55.

7/23/2020: Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55 - Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55.

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 07/23/2020

7/23/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 07/23/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/20/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Proof of Personal Service - Proof of Personal Service

9/18/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/18/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

7/2/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

7/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/2/2019: Summons - Summons on Complaint

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

7/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

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

7/11/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

11 More Documents Available

 

Docket Entries

  • 07/29/2021
  • Hearing07/29/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 09/04/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 07/29/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/04/2020
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 09/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/04/2020

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  • 09/04/2020
  • DocketNon-Jury Trial scheduled for 12/29/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/04/2020

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  • 09/04/2020
  • DocketEarly Evaluation Conference (Construction Related Accessibility Claim) scheduled for 09/16/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/04/2020

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  • 09/04/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/16/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/04/2020

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  • 09/02/2020
  • DocketOpposition to Plaintiff Maira Morales' Motion to Compel Answers; Filed by: KP3, LLC (Defendant)

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  • 09/02/2020
  • DocketUpdated -- Notice of Settlement: Status Date changed from 09/02/2020 to 09/02/2020; As To Parties: removed

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  • 08/18/2020
  • DocketDeclaration of Reginald Carlton; Filed by: Maira Morales (Plaintiff)

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29 More Docket Entries
  • 07/11/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/11/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Maira Morales (Plaintiff)

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  • 07/11/2019
  • DocketNon-Jury Trial scheduled for 12/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/11/2019
  • 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
  • DocketComplaint; Filed by: Maira Morales (Plaintiff); As to: KP3, LLC (Defendant)

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  • 07/02/2019
  • DocketSummons on Complaint; Issued and Filed by: Maira Morales (Plaintiff); As to: KP3, LLC (Defendant)

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  • 07/02/2019
  • DocketRequest to Waive Court Fees; Filed by: Maira Morales (Plaintiff)

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  • 07/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Maira Morales (Plaintiff); As to: KP3, LLC (Defendant)

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  • 07/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06402    Hearing Date: July 23, 2020    Dept: 25

HEARING DATE: Thu., July 23, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Morales v. KP3, LLC COMPL. FILED: 07-02-19

CASE NUMBER: 19STLC06402 DISC. C/O: 11-29-20

NOTICE: OK MOTION C/O: 12-12-20

TRIAL DATE: 12-29-20

PROCEEDINGS: PLAINTIFF’S MOTION TO COMPEL DEFENDANT’S ANSWERS TO INTERROGATORIES

MOVING PARTY: Plaintiff Maira Morales

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Maira Morales’ Motion to Compel Defendant’s Answers to Interrogatories is GRANTED. Defendant is ordered to provide verified responses without objections to Special Interrogatories, Set One, within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $475.00 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 July 21, 2020 [ ] Late [X] None

REPLY: None filed as of July 21, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 2, 2019, Plaintiff Maira Morales (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendant KP3, LLC (“Defendant”). On September 20, 2019, Defendant filed an Answer.

On March 20, 2020, Plaintiff filed the instant Motion to Compel Defendant’s Answers to Interrogatories (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Special Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories 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).) 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).) In addition, unverified responses are tantamount to no responses at all. (Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 636 (citing Zorro Inv. Co. v. Great Pacific Securities Corp. (1977) 69 Cal.App.3d 907, 914).) There is no time limit for a motion to compel responses to interrogatories 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.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Plaintiff served Defendant with Special Interrogatories, Set One, on January 16, 2020 via regular mail. (Mot., Mehrban Decl., ¶ 3, Exh. A.) To date, Plaintiff has not received any verified answers to the discovery request. (Id. at ¶ 4.) Thus, Plaintiff is entitled to an order compelling Defendant to provide verified responses without objections to the Special Interrogatories.

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 to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Defendant’s failure to respond to Plaintiff’s Special Interrogatories a misuse of the discovery process.

Plaintiff’s counsel requests a total of $950.00 in sanctions, which consists of 2 hours of attorney time billed at $475.00 per hour. (Mot., Mehrban Decl., ¶ 5.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. Plaintiff’s request is GRANTED in the amount of $475.00 based on one hour of attorney time. Defendant is ordered to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Maira Morales’ Motion to Compel Defendant’s Answers to Interrogatories is GRANTED. Defendant is ordered to provide verified responses without objections to Special Interrogatories, Set One, within thirty (30) days of notice of this order. Plaintiff’s request for sanctions is also GRANTED in the amount of $475.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.