This case was last updated from Los Angeles County Superior Courts on 11/24/2021 at 03:59:09 (UTC).

MARGARITA ZARAGOZA VS ROSANA BAUTISTA

Case Summary

On 05/08/2020 MARGARITA ZARAGOZA filed a Personal Injury - Motor Vehicle lawsuit against ROSANA BAUTISTA. 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:

    *******3953

  • Filing Date:

    05/08/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ZARAGOZA MARGARITA

Defendant

BAUTISTA ROSANA

Attorney/Law Firm Details

Plaintiff Attorneys

WILLOUGHBY ANTHONY

WILLOUGHBY ANTHONY ESQ.

Defendant Attorney

DACEY JENNIFER MARIE ESQ.

 

Court Documents

First Amended Standing Order - First Amended Standing Order

5/8/2020: First Amended Standing Order - First Amended Standing Order

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

5/8/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

5/8/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

5/8/2020: Complaint - Complaint

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

10/15/2021: 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

10/15/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

10/7/2021: Motion to Compel (name extension) - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

10/7/2021: Motion to Compel (name extension) - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

10/7/2021: Motion to Compel (name extension) - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL AND ALL RELATED DATES

10/1/2021: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL AND ALL RELATED DATES

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

5/3/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

12/9/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

12/9/2020: Demand for Jury Trial - Demand for Jury Trial

Declaration re: Due Diligence - Declaration re: Due Diligence

11/6/2020: Declaration re: Due Diligence - Declaration re: Due Diligence

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

11/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Minute Order - Minute Order (Hearing on Motion to Compel Responses to Defendant's Demand ...)

11/18/2021: Minute Order - Minute Order (Hearing on Motion to Compel Responses to Defendant's Demand ...)

5 More Documents Available

 

Docket Entries

  • 05/05/2022
  • Hearing05/05/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/18/2021
  • DocketUpdated -- Motion to Compel Responses to Defendant's Demand for Production of Documents, Set One, and Monetary Sanctions (CRS #670391487151): Filed By: Rosana Bautista (Defendant); Result: Granted; Result Date: 11/18/2021

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  • 11/18/2021
  • DocketUpdated -- Motion to Compel Responses to Defendant's Special Interrogatories, Set One, and Monetary Sanctions (CRS #503808769354): Filed By: Rosana Bautista (Defendant); Result: Granted; Result Date: 11/18/2021

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  • 11/18/2021
  • DocketUpdated -- Motion to Compel Responses to Defendant's Form Interrogatories, Set One, and Monetary Sanctions (CRS #787785507091): Filed By: Rosana Bautista (Defendant); Result: Granted; Result Date: 11/18/2021

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  • 11/18/2021
  • DocketMinute Order (Hearing on Motion to Compel Responses to Defendant's Demand ...)

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  • 11/18/2021
  • DocketHearing on Motion to Compel Responses to Defendant's Demand for Production of Documents, Set One, and Monetary Sanctions scheduled for 11/18/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/18/2021; Result Type to Held - Motion Granted

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  • 11/18/2021
  • DocketHearing on Motion to Compel Responses to Defendant's Form Interrogatories, Set One, and Monetary Sanctions scheduled for 11/18/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/18/2021; Result Type to Held - Motion Granted

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  • 11/18/2021
  • DocketHearing on Motion to Compel Responses to Defendant's Special Interrogatories, Set One, and Monetary Sanctions scheduled for 11/18/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/18/2021; Result Type to Held - Motion Granted

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  • 11/17/2021
  • DocketUpdated -- Motion to Compel Responses to Defendant's Demand for Production of Documents, Set One, and Monetary Sanctions (CRS #670391487151): Name Extension changed from Responses to Defendant's Demand for Production of Documents, Set One, and Monetary Sanctions to Responses to Defendant's Demand for Production of Documents, Set One, and Monetary Sanctions (CRS #670391487151); As To Parties changed from Margarita Zaragoza (Plaintiff) to Margarita Zaragoza (Plaintiff)

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  • 11/17/2021
  • DocketUpdated -- Motion to Compel Responses to Defendant's Special Interrogatories, Set One, and Monetary Sanctions (CRS #503808769354): Name Extension changed from Responses to Defendant's Special Interrogatories, Set One, and Monetary Sanctions to Responses to Defendant's Special Interrogatories, Set One, and Monetary Sanctions (CRS #503808769354); As To Parties changed from Margarita Zaragoza (Plaintiff) to Margarita Zaragoza (Plaintiff)

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29 More Docket Entries
  • 11/06/2020
  • DocketDeclaration re: Due Diligence; Filed by: Margarita Zaragoza (Plaintiff); As to: Rosana Bautista (Defendant)

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  • 11/06/2020
  • DocketProof of Service by Substituted Service; Filed by: Margarita Zaragoza (Plaintiff); As to: Rosana Bautista (Defendant); Proof of Mailing Date: 10/31/2020; Service Cost: 50.00; Service Cost Waived: No

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 11/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/12/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketComplaint; Filed by: Margarita Zaragoza (Plaintiff); As to: Rosana Bautista (Defendant)

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  • 05/08/2020
  • DocketSummons on Complaint; Issued and Filed by: Margarita Zaragoza (Plaintiff); As to: Rosana Bautista (Defendant)

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  • 05/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Margarita Zaragoza (Plaintiff); As to: Rosana Bautista (Defendant)

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  • 05/08/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/08/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/08/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

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Case Number: 20STLC03953 Hearing Date: November 18, 2021 Dept: 26

Zaragoza v. Bautista, et al. 20STLC03953

MOTION TO\r\nCOMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; REQUEST FOR\r\nSANCTIONS

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(CCP §§ 2030.290, 2031.300)

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TENTATIVE RULING:

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Defendant Rosana Bautista’s (1) Motion To Compel Responses\r\nTo Form Interrogatories, Set One, and Request for Sanctions; (2) Motion To\r\nCompel Responses To Special Interrogatories, Set One, and Request for\r\nSanctions; and (3) Motion To Compel Responses To Demand For Production of\r\nDocuments, Set One, and Request for Sanctions are GRANTED. PLAINTIFF MARGARITA\r\nZARAGOZA IS TO SERVE VERIFIED RESPONSES TO THE DISCOVERY REQUESTS WITHOUT\r\nOBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF\r\nRECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS TO $480.00 TO DEFENSE\r\nCOUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Rosana Bautista (“Defendant”) propounded Form\r\nInterrogatories, Special Interrogatories, and Requests for Production of\r\nDocuments on Plaintiff Margarita Zaragoza (“Plaintiff”) on December 9, 2020.\r\n(Motions, Manuel Decl., Exh. A.) Following Plaintiff’s failure to provide timely\r\nresponses, defense counsel sent meet and confer letters to Plaintiff’s counsel.\r\n(Id. at Exhs. B-D.) To date, Plaintiff has not served responses to the\r\ninitial sets of discovery. (Id. at ¶6.) Defendant filed the instant (1) Motion\r\nTo Compel Responses To Form Interrogatories, Set One, and Request for\r\nSanctions; (2) Motion To Compel Responses To Special Interrogatories, Set One,\r\nand Request for Sanctions; and (3) Motion To Compel Responses To Demand For\r\nProduction of Documents, Set One, and Request for Sanctions on October 7, 2021.\r\nNo opposition has been filed to date.

Based on Plaintiff’s failure to serve initial responses, the\r\nMotions to compel responses to interrogatories and request for production are\r\ngranted. There is no requirement for a prior meet and confer effort before a\r\nmotion to compel initial responses or deem admissions admitted can be filed.\r\n(Code Civ. Proc., §§ 2030.290, 2031.300.) Further, the motion can be brought\r\nany time after the responding party fails to provide the responses. (Code Civ.\r\nProc., §§ 2030.290, 2031.300.)

Plaintiff’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. However, the amount sought is excessive under a\r\nlodestar calculation. Therefore, the requests for sanctions are granted against\r\nPlaintiff and counsel of record in the amount of $480.00 based on two hours of\r\nattorney time billed at $150.00 an hour, plus $180.00 in costs. (Motions, Manuel\r\nDecl., ¶9.) The sanctions are to be paid within 20 days’ service of this order.

Defendant Rosana Bautista’s (1) Motion To Compel Responses\r\nTo Form Interrogatories, Set One, and Request for Sanctions; (2) Motion To\r\nCompel Responses To Special Interrogatories, Set One, and Request for\r\nSanctions; and (3) Motion To Compel Responses To Demand For Production of\r\nDocuments, Set One, and Request for Sanctions are GRANTED. PLAINTIFF MARGARITA\r\nZARAGOZA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’\r\nSERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND\r\nSEVERALLY ORDERED TO PAY SANCTIONS TO $480.00 TO DEFENSE COUNSEL WITHIN 20\r\nDAYS’ SERVICE OF THIS ORDER.

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Moving party to give notice.

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