This case was last updated from Los Angeles County Superior Courts on 11/27/2021 at 03:01:00 (UTC).

MARCUS MACK VS IMANI MODKINS

Case Summary

On 05/18/2020 MARCUS MACK filed a Personal Injury - Motor Vehicle lawsuit against IMANI MODKINS. 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:

    *******4239

  • Filing Date:

    05/18/2020

  • 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

MACK MARCUS

Defendant

MODKINS IMANI

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorney

LEACH BRIAN E

 

Court Documents

Proof of Personal Service - Proof of Personal Service

10/29/2020: Proof of Personal Service - Proof of Personal Service

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

12/2/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

12/2/2020: Answer - Answer

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/10/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration DECLARATION OF ATTORNEY BRIAN LEACH IN SUPPORT OF MOTION TO COMPEL PLAINTIFF MARCUS MACKS RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR

2/10/2021: Declaration (name extension) - Declaration DECLARATION OF ATTORNEY BRIAN LEACH IN SUPPORT OF MOTION TO COMPEL PLAINTIFF MARCUS MACKS RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF MARCUS MACKS RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS

2/10/2021: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF MARCUS MACKS RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR MONETARY SANCTIONS

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/10/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/10/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF MARCUS MACKS ANSWERS TO FORM INTERROGATORIES, SET ONE, AND FOR MONETARY SANCTIONS

2/10/2021: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF MARCUS MACKS ANSWERS TO FORM INTERROGATORIES, SET ONE, AND FOR MONETARY SANCTIONS

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/10/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration DECLARATION OF ATTORNEY BRIAN LEACH IN SUPPORT OF MOTION TO COMPEL PLAINTIFF MARCUS MACKS ANSWERS TO FORM INTERROGATORIES, SET ONE, AND FOR MONETARY SANCTIO

2/10/2021: Declaration (name extension) - Declaration DECLARATION OF ATTORNEY BRIAN LEACH IN SUPPORT OF MOTION TO COMPEL PLAINTIFF MARCUS MACKS ANSWERS TO FORM INTERROGATORIES, SET ONE, AND FOR MONETARY SANCTIO

Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant's Motion to Compel Responses to Form Interrogatories and Request for Documents Set One

2/25/2021: Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant's Motion to Compel Responses to Form Interrogatories and Request for Documents Set One

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

5/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration OF ATTORNEY BRIAN LEACH IN SUPPORT OF REPLY PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR DOCUMENT

5/5/2021: Declaration (name extension) - Declaration OF ATTORNEY BRIAN LEACH IN SUPPORT OF REPLY PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR DOCUMENT

Reply (name extension) - Reply TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR DOCUMENTS SET ONE

5/5/2021: Reply (name extension) - Reply TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR DOCUMENTS SET ONE

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

5/11/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice (name extension) - Notice Defendant Imani Modkins' Notice of Entry of Order

5/12/2021: Notice (name extension) - Notice Defendant Imani Modkins' Notice of Entry of Order

Stipulation and Order (name extension) - Stipulation and Order STIPULATION OF ALL PARTIES TO VACATE AND CONTINUE TRIAL

10/27/2021: Stipulation and Order (name extension) - Stipulation and Order STIPULATION OF ALL PARTIES TO VACATE AND CONTINUE TRIAL

14 More Documents Available

 

Docket Entries

  • 05/16/2022
  • Hearing05/16/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/28/2021
  • DocketNotice OF ENTRY OF ORDER GRANTING CONTINUANCE OF TRIAL DATE; Filed by: Imani Modkins (Defendant)

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  • 10/27/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Imani Modkins (Defendant); As to: Marcus Mack (Plaintiff)

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  • 10/27/2021
  • DocketStipulation and Order STIPULATION OF ALL PARTIES TO VACATE AND CONTINUE TRIAL; Filed by: Imani Modkins (Defendant); As to: Marcus Mack (Plaintiff)

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  • 10/27/2021
  • DocketOrder [PROPOSED] ORDER GRANTING CONTINUANCE OF TRIAL DATE; Signed and Filed by: Imani Modkins (Defendant); As to: Marcus Mack (Plaintiff)

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  • 10/27/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/27/2021

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  • 10/27/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 11/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Party was rescheduled to 05/16/2022 08:30 AM

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  • 10/27/2021
  • DocketUpdated -- Event scheduled for 05/16/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 05/12/2021
  • DocketNotice Defendant Imani Modkins' Notice of Entry of Order; Filed by: Imani Modkins (Defendant); As to: Marcus Mack (Plaintiff)

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  • 05/11/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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17 More Docket Entries
  • 12/02/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Imani Modkins (Defendant)

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  • 10/29/2020
  • DocketProof of Personal Service; Filed by: Marcus Mack (Plaintiff); As to: Imani Modkins (Defendant); Service Date: 10/23/2020; Service Cost Waived: No

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  • 05/18/2020
  • DocketNon-Jury Trial scheduled for 11/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/18/2020
  • DocketComplaint; Filed by: Marcus Mack (Plaintiff); As to: Imani Modkins (Defendant)

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  • 05/18/2020
  • DocketSummons on Complaint; Issued and Filed by: Marcus Mack (Plaintiff); As to: Imani Modkins (Defendant)

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  • 05/18/2020
  • DocketCivil Case Cover Sheet; Filed by: Marcus Mack (Plaintiff); As to: Imani Modkins (Defendant)

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  • 05/18/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/18/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/18/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC04239    Hearing Date: May 11, 2021    Dept: 25

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR MONETARY SANCTIONS

(2) MOTION TO COMPEL PLAINTIFF’S ANSWERS TO FORM INTERROGATORIES, SET ONE, AND FOR MONETARY SANCTIONS

MOVING PARTY: Defendant Imani Modkins

RESP. PARTY: Plaintiff Marcus Mack

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Imani Modkins’ (1) Motion to Compel Plaintiff’s Responses to Request for Production of Documents and (2) Motion to Compel Plaintiff’s Answers to Form Interrogatories are DENIED AS MOOT. However, Defendant’s requests for sanctions are GRANTED in the amount of $820.00 and are to be paid by Plaintiff and Plaintiff’s counsel, Kenneth Yeager, jointly and severally, 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: Filed on February 25, 2021 [ ] Late [ ] None

REPLY: Filed on May 5, 2021 [X] Late [ ] None

ANALYSIS:

I. Background

On May 18, 2020, Plaintiff Marcus Mack (“Plaintiff”) filed an action alleging motor vehicle negligence against Defendant Imani Modkins (“Defendant”). Defendant filed an Answer on December 2, 2020.

On February 10, 2021, Defendant filed the instant (1) Motion to Compel Plaintiff’s Responses to Request for Production of Documents, Set One, and for Monetary Sanctions and (2) Motion to Compel Plaintiff’s Answers to Form Interrogatories, Set One, and for Monetary Sanctions (collectively, the “Motions”). Plaintiff filed an opposition on February 25 and Defendant filed a reply brief on May 5.

II. 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.)

Here, Defendant served Form Interrogatories, Set One, and Request for Production of Documents, Set One, on Plaintiff via email on December 2, 2020. (Motions, Leach Decls., ¶¶ 2, Exhs. A.) Defendant’s counsel emailed Plaintiff’s counsel regarding the overdue responses on January 29, 2021. (Id. at ¶¶ 3, Exhs. B.) As of the date the Motions were filed, Defendant had not yet received any discovery responses. (Id.)

In opposition, Plaintiff argues Defendant’s Motions are moot because he served responses to the discovery in February 2021. (Oppo., Yeager Decl., ¶ 2.) In reply, Defendant’s counsel acknowledges he received the responses and does not argue they are insufficient. (Reply, Leach Decl., ¶ 2, Exh. A.) Thus, Defendant’s request to compel initial discovery responses is DENIED AS MOOT.

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

In opposition, Plaintiff’s counsel requests that the Court not impose any sanctions because responses have been served. (Oppo., p. 2:18-22.) However, Plaintiff’s failure to serve timely responses forced Defendant to incur attorney’s fees and costs in seeking to enforce his discovery rights. Plaintiff’s counsel offers no justification for his failure to timely respond or, at minimum, request an extension.

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

Defendant requests $1,520.00 in sanctions based on four hours of attorney time billed at $350.00 per hour and two filing fees of $60.00. (Motions, Leach Decl., ¶¶ 4-5; Reply, Leach Decl., ¶ 3.) However, the amount sought is excessive given the simplicity of these nearly identical Motions. The Court finds $820.00, based on two hours of attorney time and two filing fees to be reasonable. Sanctions are issued against Plaintiff and Plaintiff’s counsel, Kenneth Yeager, jointly and severally, and are to be paid within thirty (30) days of notice of this order.

III. Conclusion & Order

For the foregoing reasons, Defendant Imani Modkins’ (1) Motion to Compel Plaintiff’s Responses to Request for Production of Documents and (2) Motion to Compel Plaintiff’s Answers to Form Interrogatories are DENIED AS MOOT. However, Defendant’s requests for sanctions are GRANTED in the amount of $820.00 and are to be paid by Plaintiff and Plaintiff’s counsel, Kenneth Yeager, jointly and severally, within thirty (30) days of notice of this order.

Moving party is ordered to give notice.

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