This case was last updated from Los Angeles County Superior Courts on 10/28/2020 at 01:59:51 (UTC).

MARSHALL MCQUEEN, JR VS OFFICE DEPOT

Case Summary

On 04/30/2019 MARSHALL MCQUEEN, JR filed a Personal Injury - Uninsured Motor Vehicle lawsuit against OFFICE DEPOT. 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:

    *******4237

  • Filing Date:

    04/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MCQUEEN MARSHALL JR

Defendant

OFFICE DEPOT

Attorney/Law Firm Details

Plaintiff Attorney

SELTZER IRA

Defendant Attorney

HERZOG JONATHON

 

Court Documents

Notice of Ruling - Notice of Ruling

7/22/2020: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration Supplemental Declaration in Support of Motions to Compel

9/10/2020: Declaration (name extension) - Declaration Supplemental Declaration in Support of Motions to Compel

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 10/01/2020

10/1/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 10/01/2020

Minute Order - Minute Order (Court Order)

10/1/2020: Minute Order - Minute Order (Court Order)

Notice (name extension) - Notice of Further Continuances of Defendant Office Depot, Inc.s Motions to Compel Further Responses to Form Interrogatories and Request for Production of Documents No. 3, Se

10/9/2020: Notice (name extension) - Notice of Further Continuances of Defendant Office Depot, Inc.s Motions to Compel Further Responses to Form Interrogatories and Request for Production of Documents No. 3, Se

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

10/26/2020: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

Notice (name extension) - Notice of Non-Opp to MTCs

7/6/2020: Notice (name extension) - Notice of Non-Opp to MTCs

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

7/15/2020: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

Notice (name extension) - Notice of Continuances of Defendant Office Depot, Inc.s Motions to Compel Further Responses to Form Interrogatories and Request for Production of Documents No. 3, Sets One,

3/24/2020: Notice (name extension) - Notice of Continuances of Defendant Office Depot, Inc.s Motions to Compel Further Responses to Form Interrogatories and Request for Production of Documents No. 3, Sets One,

Separate Statement - Separate Statement

2/7/2020: Separate Statement - Separate Statement

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

2/7/2020: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Separate Statement - Separate Statement

2/7/2020: Separate Statement - Separate Statement

Substitution of Attorney - Substitution of Attorney

11/7/2019: Substitution of Attorney - Substitution of Attorney

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

7/31/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

7/31/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

4/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

4/30/2019: Summons - Summons on Complaint

Complaint - Complaint

4/30/2019: Complaint - Complaint

11 More Documents Available

 

Docket Entries

  • 05/03/2022
  • Hearing05/03/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/15/2021
  • Hearing04/15/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/19/2020
  • Hearing11/19/2020 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 11/19/2020
  • Hearing11/19/2020 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 11/19/2020
  • Hearing11/19/2020 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 10/26/2020
  • DocketOrder to Show Cause Re: Why Complaint Should Not be Dismissed scheduled for 11/19/2020 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 10/26/2020
  • DocketMinute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

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  • 10/26/2020
  • DocketOn the Court's own motion, Hearing on Motion to Compel Further Discovery Responses scheduled for 10/26/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/19/2020 11:00 AM

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  • 10/26/2020
  • DocketOn the Court's own motion, Hearing on Motion to Compel Further Discovery Responses scheduled for 10/26/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/19/2020 11:00 AM

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  • 10/22/2020
  • DocketJury Trial scheduled for 04/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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25 More Docket Entries
  • 11/07/2019
  • DocketSubstitution of Attorney; Filed by: Marshall McQueen, JR (Plaintiff)

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  • 07/31/2019
  • DocketAnswer; Filed by: Office Depot (Defendant); As to: Marshall McQueen, JR (Plaintiff)

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  • 07/31/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Office Depot (Defendant)

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  • 05/01/2019
  • DocketNon-Jury Trial scheduled for 10/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/03/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 04/30/2019
  • DocketComplaint; Filed by: Marshall McQueen, JR (Plaintiff); As to: Office Depot (Defendant)

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  • 04/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Marshall McQueen, JR (Plaintiff); As to: Office Depot (Defendant)

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  • 04/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Marshall McQueen, JR (Plaintiff); As to: Office Depot (Defendant)

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  • 04/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC04237    Hearing Date: October 26, 2020    Dept: 25

HEARING DATE:   Mon., October 26, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME McQueen v. Office Depot, Inc. COMP. FILED: 04-30-19

CASE NUMBER: 19STLC04237 DISC. C/O: 03-16-21

NOTICE:   OK MOTION C/O: 02-31-21

TRIAL DATE: 04-15-21

PROCEEDINGS    (1) MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS

(2) MOTION TO COMPEL A FURTHER RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, NO. 3, AND REQUEST FOR SANCTIONS

MOVING PARTY:   Defendant Office Depot, Inc.

RESP. PARTY: None

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

(CCP §§ 2030.300; 2031.310)

TENTATIVE RULING:

Defendant Office Depot, Inc.’s (1) Motion to Compel Further Responses to Form Interrogatories and (2) Motion to Compel a Further Response to Request for Production of Documents, No. 3, and Request for Sanctions are DENIED.  

In addition, the Court sets an OSC re: Why Complaint Should Not be Dismissed for NOV 19,2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

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 October 22, 2020 [   ] Late [X] None

REPLY: None filed as of October 22, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On April 30, 2019, Plaintiff Marshall McQueen, Jr. (“Plaintiff”) filed an action for general negligence and products liability against Office Depot, Inc. (“Defendant”). On July 31, 2019, Defendant filed an Answer. On November 7, 2019, Plaintiff filed a Substitution of Attorney, indicating that he would proceed as a self-represented litigant.

On February 7, 2020, Defendant filed the instant (1) Motion to Compel Further Responses to Form Interrogatories and Request for Sanctions and (2) Motion to Compel a Further Response to Request for Production of Documents, No. 3, and Request for Sanctions (collectively, the “Motions”).

At the initial July 15, 2020 hearing, the Court found that it was unclear when Defendant received Plaintiff’s responses to the Form Interrogatories and Request for Production of Documents. (7/15/20 Minute Order.) Because of this, the Court could not determine whether the Motions were timely filed. (Id.) On September 10, 2020, Defendant filed supplemental papers.

To date, no opposition has been filed.

  1. Legal Standard & Discussion

As an initial matter, the Court discusses the timeliness of Defendant’s Motion.

Notice of a motion to compel further responses must be given “within 45 days of service of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); § 2031.310, subd. (c).)

Here, Defendant served Plaintiff with Request for Production of Documents, Set One, on July 31, 2019 and with Form Interrogatories, Set One, on August 1, 2019, via regular mail. (Motions, Helfend Decl., ¶¶ 5, Exhs. A.) In its supplemental papers, Defendant states that the responses to the Form Interrogatories and Request for Production of Documents were served on November 27, 2019 via regular mail. (9/10/20 Burnet Decl., ¶ 4, Exhs. A, B.) Because responses were served by mail, the 45-day time limitation is extended by five days under Code of Civil Procedure section 1013. Defendant’s deadline to file a motion to compel further responses was thus, January 16, 2020. Because these Motions were not filed until February 7, 2020, they are untimely.

Accordingly, Defendant’s Motions are DENIED.

The Court notes that Defendant submits a copy of a Certificate of Death from the Los Angeles Department of Public Health demonstrating that Plaintiff passed away on April 16, 2020. (Id. a ¶ 5, Exh. C.) Defendant also provides a declaration from Mable Elaine McQueen, Plaintiff’s widow, stating she and Plaintiff had no children and that she does not intend to intervene or substitute into this litigation as a personal representative. (9/10/20 Mable McQueen Decl., ¶ 2.) She further states that it is her “desire that this matter simply be dismissed…” (Id. at ¶ 3.)

Based on the evidence presented, it appears that no one will continue prosecuting this action. Accordingly, the Court sets an OSC re: Why Complaint Should Not Be Dismissed.

  1. Conclusion & Order

For the foregoing reasons, Defendant Office Depot, Inc.’s (1) Motion to Compel Further Responses to Form Interrogatories and (2) Motion to Compel a Further Response to Request for Production of Documents, No. 3, and Request for Sanctions are DENIED. 

In addition, the Court sets an OSC re: Why Complaint Should Not be Dismissed for NOV 19, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

Case Number: 19STLC04237    Hearing Date: July 15, 2020    Dept: 25

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

(CCP §§ 2030.300; 2031.310)

TENTATIVE RULING:

Defendant Office Depot, Inc.’s (1) Motion to Compel Further Responses to Form Interrogatories and (2) Motion to Compel a Further Response to Request for Production of Documents, No. 3, and Request for Sanctions are CONTINUED TO OCTOBER 7, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 13, 2020 [ ] Late [X] None

REPLY: None filed as of July 13, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 30, 2019, Plaintiff Marshall McQueen, Jr. (“Plaintiff”) filed an action for general negligence and products liability against Office Depot, Inc. (“Defendant”). On July 31, 2019, Defendant filed an Answer. On November 7, 2019, Plaintiff filed a Substitution of Attorney, indicating that he would proceed as a self-represented litigant.

On February 7, 2020, Defendant filed the instant (1) Motion to Compel Further Responses to Form Interrogatories and Request for Sanctions and (2) Motion to Compel a Further Response to Request for Production of Documents, No. 3, and Request for Sanctions (collectively, the “Motions”). To date, no opposition has been filed.

  1. Legal Standard

A. Timeliness

Notice of a motion to compel further responses must be given “within 45 days of service of the service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c); § 2031.310, subd. (c).)

Here, Defendant served Plaintiff with Request for Production of Documents, Set One, on July 31, 2019 and with Form Interrogatories, Set One, on August 1, 2019, via regular mail. (Motions, Helfend Decl., ¶¶ 5, Exhs. A.) However, Defendant does not indicate, nor is it clear from the attached exhibits, when Defendant received Plaintiff’s initial verified responses to the Form Interrogatories or the Request for Production of Documents. Indeed, if the moving party does not bring a motion to compel further responses within 45 days of receiving verified responses, or agrees to an extension within 45 days of having received such responses, it waives its rights to compel any further response. (Code Civ. Proc., § 2030.300, subd. (c); § 2031.310, subd. (c).)

For this reason, Defendant is ordered to provide a supplemental declaration clarifying when it received Plaintiff’s initial responses so that the Court may determine whether this Motion was timely brought.

  1. Conclusion & Order

For the foregoing reasons, Defendant Office Depot, Inc.’s (1) Motion to Compel Further Responses to Form Interrogatories and (2) Motion to Compel a Further Response to Request for Production of Documents, No. 3, and Request for Sanctions are CONTINUED TO OCTOBER 7, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.