On 08/07/2019 MARIA ARQUERA filed a Personal Injury - Motor Vehicle lawsuit against MV TRANSPORTATION, INC . 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.
*******7310
08/07/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
ARQUERA MARIA
MV TRANSPORTATION INC.
ACCESS SERVICES
HILLAND DONALD A.
MOORE KENTON E
1/7/2021: Reply (name extension) - Reply by Defendant Access Services to Non-Opposition by Plaintiff; Declaration of Kenton E. Moore
1/12/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
1/12/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 01/12/2021
7/10/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
3/12/2020: Answer - Answer
8/8/2019: Summons - Summons on Complaint
8/7/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
8/7/2019: Complaint - Complaint
8/7/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
8/7/2019: First Amended Standing Order - First Amended Standing Order
8/8/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
Hearing08/10/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing08/18/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing03/09/2021 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")
DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion: Filed By: ACCESS SERVICES (Defendant); Result: Granted; Result Date: 01/12/2021
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 03/09/2021 at 10:30 AM in Spring Street Courthouse at Department 26
DocketNon-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
DocketCertificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 01/12/2021; Filed by: Clerk
DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 01/12/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 03/09/2021 10:30 AM
DocketOn the Court's own motion, Non-Jury Trial scheduled for 02/03/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 08/18/2021 08:30 AM
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Maria Arquera (Plaintiff)
DocketNon-Jury Trial scheduled for 02/03/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/10/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketSummons on Complaint; Issued and Filed by: Maria Arquera (Plaintiff); As to: MV TRANSPORTATION, INC. (Defendant); ACCESS SERVICES (Defendant)
DocketComplaint; Filed by: Maria Arquera (Plaintiff); As to: MV TRANSPORTATION, INC. (Defendant); ACCESS SERVICES (Defendant)
DocketCivil Case Cover Sheet; Filed by: Maria Arquera (Plaintiff); As to: MV TRANSPORTATION, INC. (Defendant); ACCESS SERVICES (Defendant)
DocketRequest to Waive Court Fees; Filed by: Maria Arquera (Plaintiff)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC07310 Hearing Date: January 12, 2021 Dept: 26
Arquera v. MV Transportation, Inc., et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendant Access Services’ Motion For Order Compelling Plaintiff to Respond to (1) Form Interrogatories; (2) Special Interrogatories; and (3) Request for Production of Documents; Request For Sanctions is GRANTED solely as to Plaintiff’s response to the Form Interrogatories. PLAINTIFF MARIA ARQUERA IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $195.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.
Hearing on remainder of Defendant Access Services’ Motion is CONTINUED TO MARCH 9, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Maria Arquera (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants MV Transportation, Inc. and Access Services (“Defendants”) on August 7, 2019. Defendant Access Services filed the instant Motion to Compel Plaintiff’s Responses to Form Interrogatories, Special Interrogatories, and Requests for Production; Request for Sanctions on July 10, 2020. To date, no opposition has been filed.
Discussion
The Court initially addresses the fact that Defendant Access Services filed a single motion seeking relief with respect to three separate sets of discovery. Specifically, the Motion seeks to compel responses to form interrogatories, special interrogatories and requests for production. Yet for each of the three requests, which should have been filed as three separate motions, the moving party only paid a single filing fee. Until Defendant Access Services pays two additional filing fees, the Court can only rule on the Motion as to one type of discovery.
The Motion is supported by evidence that Defendant Access served written discovery on Plaintiff in March and April 2020. (Motion, Moore Decl., ¶¶2-4 and Exhs. A-C.) As of the filing of the Motion, no responses have been served to the discovery requests. (Id. at ¶6.) The Court, therefore, finds that due to Plaintiff’s failure to respond to written discovery, the Motion is granted solely as to the Form Interrogatories. Plaintiff is ordered to serve verified responses, without objections, to the Form Interrogatories within twenty (20) days from the date of Defendant Access Services serving a notice of this Order. (Code Civ. Proc., § 2030.290.)
Monetary sanctions are also awarded under Code of Civil Procedure sections 2030.290 and 2023.210. Given the simplicity of the Motion, the Court finds that sanctions are appropriate in the amount of $195.00 based on a lodestar calculation. (Motion, Moore Decl., ¶8.) Plaintiff is ordered to pay the sanctions to defense counsel within twenty (20) days’ service of this Order.
With respect to the remainder of the discovery requests the hearing on the Motion is CONTINUED TO MARCH 9, 2021 AT 10:30 AM. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT ACCESS SERVICES IS TO PAY TWO (2) ADDITIONAL FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR.
Moving party to give notice.