This case was last updated from Los Angeles County Superior Courts on 06/03/2020 at 02:32:24 (UTC).

MARCY KOSTBAR, ET AL. VS WANDA VAUGHAN

Case Summary

On 12/03/2018 MARCY KOSTBAR filed a Personal Injury - Assault/Battery/Defamation lawsuit against WANDA VAUGHAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4785

  • Filing Date:

    12/03/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs

KOSTBAR MARCY

1538 N. VISTA PARTNERS L.P.

MATCH HOLDINGS INC.

Defendant

VAUGHAN WANDA

Los Angeles, CA 90046

Attorney/Law Firm Details

Plaintiff Attorney

YASHAR PANTEA

 

Court Documents

Notice (name extension) - Notice of Continuance of 1538 N. Vista Partnersk, LP's Motion to Compel Hearing

10/7/2019: Notice (name extension) - Notice of Continuance of 1538 N. Vista Partnersk, LP's Motion to Compel Hearing

Minute Order - Minute Order (Hearing on Motion to Compel Responses to Discovery; Request f...)

11/14/2019: Minute Order - Minute Order (Hearing on Motion to Compel Responses to Discovery; Request f...)

Minute Order - Minute Order (Hearing on Motion to Compel Responses to Discovery; Request f...)

11/25/2019: Minute Order - Minute Order (Hearing on Motion to Compel Responses to Discovery; Request f...)

Notice (name extension) - Notice of Continued Hearing

12/2/2019: Notice (name extension) - Notice of Continued Hearing

Notice (name extension) - Notice of Continued Hearing on Motion to Compel (new date 4-7-2020)

1/9/2020: Notice (name extension) - Notice of Continued Hearing on Motion to Compel (new date 4-7-2020)

Minute Order - Minute Order (Hearing on Motion to Compel Responses to Discovery; Request f...)

1/9/2020: Minute Order - Minute Order (Hearing on Motion to Compel Responses to Discovery; Request f...)

Request for Dismissal - Request for Dismissal

2/4/2020: Request for Dismissal - Request for Dismissal

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

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

3/24/2020: Request for Dismissal - Request for Dismissal

Answer - Answer

12/27/2018: Answer - Answer

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

12/27/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Personal Service - Proof of Personal Service

12/14/2018: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

12/3/2018: Complaint - Complaint

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

12/3/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

12/3/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/3/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

13 More Documents Available

 

Docket Entries

  • 04/01/2020
  • DocketHearing on Motion to Compel Responses to Discovery; Request for Sanctions and Declaration of Pantea Yashar, Esq. scheduled for 07/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/01/2020

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  • 04/01/2020
  • DocketNon-Jury Trial scheduled for 08/24/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/01/2020

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  • 04/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/06/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/01/2020

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  • 03/24/2020
  • DocketOn the Complaint filed by Marcy Kostbar, et al. on 12/03/2018, entered Request for Dismissal with prejudice filed by 1538 N. Vista Partners, L.P., Marcy Kostbar, and Match Holdings, Inc. as to the entire action

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  • 03/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/23/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/23/2020
  • DocketOn the Court's own motion, Hearing on Motion to Compel Responses to Discovery; Request for Sanctions and Declaration of Pantea Yashar, Esq. scheduled for 04/07/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/21/2020 10:30 AM

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  • 03/23/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 06/01/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/24/2020 08:30 AM

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  • 02/10/2020
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties changed from Wanda Vaughan (Defendant) to Wanda Vaughan (Defendant)

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  • 02/10/2020
  • DocketOn the Complaint filed by Marcy Kostbar, et al. on 12/03/2018, entered Request for Dismissal with prejudice filed by 1538 N. Vista Partners, L.P., Marcy Kostbar, and Match Holdings, Inc.

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27 More Docket Entries
  • 12/14/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 12/14/2018
  • DocketNon-Jury Trial scheduled for 06/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/14/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/06/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/14/2018
  • DocketProof of Service by Mail; Filed by: Marcy Kostbar (Plaintiff); 1538 N. Vista Partners, L.P. (Plaintiff); Match Holdings, Inc. (Plaintiff); As to: Wanda Vaughan (Defendant)

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  • 12/14/2018
  • DocketProof of Personal Service; Filed by: Marcy Kostbar (Plaintiff); 1538 N. Vista Partners, L.P. (Plaintiff); Match Holdings, Inc. (Plaintiff); Service Date: 12/07/2018; Service Cost Waived: No

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  • 12/03/2018
  • DocketComplaint; Filed by: Marcy Kostbar (Plaintiff); 1538 N. Vista Partners, L.P. (Plaintiff); Match Holdings, Inc. (Plaintiff); As to: Match Holdings, Inc. (Plaintiff); Wanda Vaughan (Defendant)

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  • 12/03/2018
  • DocketCivil Case Cover Sheet; Filed by: Marcy Kostbar (Plaintiff); 1538 N. Vista Partners, L.P. (Plaintiff); Match Holdings, Inc. (Plaintiff); As to: Match Holdings, Inc. (Plaintiff); Wanda Vaughan (Defendant)

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  • 12/03/2018
  • DocketSummons on Complaint; Issued and Filed by: Marcy Kostbar (Plaintiff); 1538 N. Vista Partners, L.P. (Plaintiff); As to: Match Holdings, Inc. (Plaintiff); Wanda Vaughan (Defendant)

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  • 12/03/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/03/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 18STLC14785    Hearing Date: January 09, 2020    Dept: 94

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Plaintiff 1538 N. Vista Partners, L.P.’s (1) Motion To Compel Defendant Wanda Vaughan’s Responses To Requests For Production Of Documents, Set One; Request For Monetary Sanctions; (2) Motion To Compel Defendant Wanda Vaughan’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (3) Motion To Compel Defendant Wanda Vaughan’s Responses To Special Interrogatories, Set One; Request For Monetary Sanctions, are GRANTED.

DEFENADNT IS ORDERED TO PAY SANCTIONS OF $525.00 TO PLAINTIFFS’ COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

SUMMARY OF COMPLAINT: Action for defamation and negligence.

ANALYSIS:

Plaintiffs Marcy Kostbar, 1538 N. Vista Partners, L.P., and Match Holdings, Inc. (“Plaintiffs”) filed the instant action for defamation and negligence against Defendant Wanda Vaughan (“Defendant”) on December 3, 2018. Plaintiff 1538 N. Vista Partners, L.P. filed motions compelling Defendant’s production of discovery responses on August 19, 2019. At the initial hearing on November 14, 2019, Defendant appeared and provided counsel for Plaintiffs with a binder containing responses to the

interrogatories and production of documents. The Court continued the hearing to allow Plaintiff 1538 N. Vista Partners, L.P. time to review the responses.

At the second hearing on November 25, 2019, Plaintiff 1538 N. Vista Partners, L.P. indicated that the documents and responses provided by Defendant were deficient. The Court again continued the hearing to give Defendant one last opportunity to provide all the requested responses and documents. The Court further ordered that sanctions would be determined at the continued hearing.

Defendant’s failure to timely serve responses is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, 2023.030.) The court finds that sanctions are appropriate in the amount of $525.00 based on one hour of attorney time billed at $525.00 per hour. (Motion, Yashar Decl., ¶12.) MONETARY SANCTIONS ARE AWARDED TO PLAINTIFF 1538 N. VISTA PARTNERS, L.P AND AGAINST DEFENDANT WANDA VAUGHAN UNDER CODE OF CIVIL PROCEDURE SECTIONS 2030.290 AND 2031.300 IN THE AMOUNT OF $525.00. SANCTIONS ARE TO BE PAID WITHIN THIRTY (30) DAYS OF SERVICE OF NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 18STLC14785    Hearing Date: November 14, 2019    Dept: 94

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP §§ 2030.290; 2031.300; 2033.280)

TENTATIVE RULING:

Plaintiff 1538 N. Vista Partners, L.P.’s (1) Motion To Compel Defendant Wanda Vaughan’s Responses To Requests For Production Of Documents, Set One; Request For Monetary Sanctions; (2) Motion To Compel Defendant Wanda Vaughan’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (3) Motion To Compel Defendant Wanda Vaughan’s Responses To Special Interrogatories, Set One; Request For Monetary Sanctions, are GRANTED. RESPONSES TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION ARE TO BE SERVED BY DEFENDANT WITHIN 20 DAYS OF SERVICE OF NOTICE OF THIS ORDER. DEFENADNT IS FURTHER ORDERED TO PAY SANCTIONS OF $525.00 TO PLAINTIFFS’ COUNSEL WITHIN 30 DAYS OF SERVICE OF NOTICE OF THIS ORDER.

REQUEST FOR RELIEF: The Court should compel Defendant Wanda Vaughan to provide verified responses to the interrogatories and document demands, without objections. (CCP §§ 2030.290; 2031.300.) Also, the Court should sanction Defendant Vaughan for failing to timely serve responses to said discovery. Sanctions are sought in the amount of $3,675.00. [Counsel charges $525.00 per hour].

OPPOSITION: None filed as of November 8, 2019.

ANALYSIS:

Plaintiffs Marcy Kostbar, 1538 N. Vista Partners, L.P., and Match Holdings, Inc. (“Plaintiffs”) filed the instant action for defamation and negligence against Defendant Wanda Vaughan (“Defendant”) on December 3, 2018. Plaintiff 1538 N. Vista Partners, L.P. filed the instant discovery motion, wherein it seeks to compel Defendant’s responses to form and special interrogatories, and requests for production, on August 19, 2019. To date, no opposition has been filed.

On April 17, 2019, Plaintiff 1538 N. Vista Partners, L.P. served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Defendant. (Motion, Yashar Decl. at ¶2 and Exhs. A-C.) To date, Plaintiff 1538 N. Vista Partners, L.P. has not received any verified responses to the propounded discovery requests from Defendant. (Id. at ¶4.)

Due to the failure to respond to the propounded discovery requests, Plaintiff 1538 N. Vista Partners, L.P.’s (1) Motion To Compel Defendant Wanda Vaughan’s Responses To Requests For Production Of Documents, Set One; Request For Monetary Sanctions; (2) Motion To Compel Defendant Wanda Vaughan’s Responses To Form Interrogatories, Set One; Request For Monetary Sanctions; and (3) Motion To Compel Defendant Wanda Vaughan’s Responses To Special Interrogatories, Set One; Request For Monetary Sanctions, are GRANTED. DEFENDANT IS ORDERED TO SERVE VERIFIED RESPONSES, WITHOUT OBJECTIONS, TO PLAINTIFF 1538 N. VISTA PARTNERS, L.P.’S FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE OF NOTICE OF THIS ORDER. (SEE CODE CIV. PROC., §§ 2030.290; 2031.300.) MONETARY SANCTIONS ARE ALSO AWARDED UNDER CODE OF CIVIL PROCEDURE SECTIONS 2030.290 AND 2031.300. GIVEN THE SIMPLICITY OF THE MOTION AND THE LACK OF OPPOSITION AND REPLY, THE COURT FINDS THAT SANCTIONS ARE APPROPRIATE IN THE AMOUNT OF $525.00 BASED ON ONE HOUR OF ATTORNEY TIME BILLED AT $525.00 PER HOUR. (MOTION, YASHAR DECL., ¶12.) SANCTIONS ARE TO BE PAID WITHIN THIRTY (30) DAYS OF SERVICE OF NOTICE OF THIS ORDER.

Moving party to give notice.