This case was last updated from Los Angeles County Superior Courts on 08/27/2020 at 01:50:39 (UTC).

MIDWAY RENT A CAR, INC., A CALIFORNIA CORPORATION VS TIMOTHY ROBLES, ET AL.

Case Summary

On 02/26/2019 MIDWAY RENT A CAR, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against TIMOTHY ROBLES. 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:

    *******2066

  • Filing Date:

    02/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MIDWAY RENT A CAR INC. A CALIFORNIA CORPORATION DBA MIDWAY CAR RENTAL DBA M CAR

Defendants

ROBLES TIMOTHY

Los Angeles, CA 90017

JACKSON MARAYA

Los Angeles, CA 90017

Attorney/Law Firm Details

Plaintiff Attorney

SCOTT RICHARD

 

Court Documents

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

8/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

8/13/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

8/21/2020: 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

6/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion for Terminating Sanctions - Motion for Terminating Sanctions

12/30/2019: Motion for Terminating Sanctions - Motion for Terminating Sanctions

Notice of Ruling - Notice of Ruling

11/14/2019: Notice of Ruling - Notice of Ruling

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 09/24/2019

9/24/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 09/24/2019

Notice (name extension) - Notice Notice of Cont. of mtn to Compel Resp to Form Rogs

9/24/2019: Notice (name extension) - Notice Notice of Cont. of mtn to Compel Resp to Form Rogs

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

9/24/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

8/12/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Motion re: (name extension) - Motion re: Motion for Order Deeming matter in Request for Admissions

6/19/2019: Motion re: (name extension) - Motion re: Motion for Order Deeming matter in Request for Admissions

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

6/19/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

6/19/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice (name extension) - Notice of Non-Receipt of Maraya Jackson's Answer

5/3/2019: Notice (name extension) - Notice of Non-Receipt of Maraya Jackson's Answer

Proof of Personal Service - Proof of Personal Service

3/29/2019: Proof of Personal Service - Proof of Personal Service

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

4/18/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

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

4/18/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Answer - Answer

4/18/2019: Answer - Answer

25 More Documents Available

 

Docket Entries

  • 04/21/2021
  • Hearing04/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/21/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/25/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 04/21/2021 08:30 AM

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  • 08/13/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff)

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  • 08/13/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 08/13/2020
  • DocketUpdated -- Request for Entry of Default / Judgment: As To Parties: removed

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  • 08/13/2020
  • DocketUpdated -- Notice of Rejection Default/Clerk's Judgment: As To Parties: removed

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  • 07/29/2020
  • DocketNotice of ruling on Motions for Terminating Sanctions; Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff); As to: Maraya Jackson (Defendant)

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  • 07/29/2020
  • DocketMinute Order (Hearing on Motion for Terminating Sanctions)

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  • 07/29/2020
  • DocketHearing on Motion for Terminating Sanctions scheduled for 07/29/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/29/2020; Result Type to Held

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43 More Docket Entries
  • 03/29/2019
  • DocketProof of Personal Service; Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff); As to: Maraya Jackson (Defendant); Service Date: 03/24/2019; Service Cost: 57.00; Service Cost Waived: No

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  • 02/27/2019
  • DocketNon-Jury Trial scheduled for 08/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/27/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/26/2019
  • DocketComplaint; Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff); As to: Timothy Robles (Defendant); Maraya Jackson (Defendant)

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  • 02/26/2019
  • DocketSummons on Complaint; Issued and Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff); As to: Timothy Robles (Defendant); Maraya Jackson (Defendant)

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  • 02/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff); As to: Timothy Robles (Defendant); Maraya Jackson (Defendant)

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  • 02/26/2019
  • DocketCivil Case Cover Sheet; Filed by: Midway Rent a Car, Inc., a California Corporation (Plaintiff); As to: Timothy Robles (Defendant); Maraya Jackson (Defendant)

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  • 02/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/26/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC02066    Hearing Date: July 29, 2020    Dept: 25

HEARING DATE:   Wed., July 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Midway Rent a Car, Inc. v. Robles, et al. COMPL. FILED: 02-26-19

CASE NUMBER: 19STLC02066 DISC. C/O: 07-26-20

NOTICE:   OK DISC. MOT. C/O:    08-10-20

TRIAL DATE: 08-25-20

PROCEEDINGS    MOTION FOR TERMINATING SANCTIONS 

MOVING PARTY:   Plaintiff Midway Rent a Car, Inc.

RESP. PARTY: None

MOTION FOR TERMINATING SANCTIONS

(CCP § 2023.030)

TENTATIVE RULING:

Plaintiff Midway Rent a Car, Inc.’s Motion for Terminating Sanctions is GRANTED. Defendant Maraya Jackson’s Answer filed on April 18, 2019 is HEREBY STRICKEN.

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 27, 2020 [   ] Late [X] None

REPLY: None filed as of July 27, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On February 26, 2019, Plaintiff Midway Rent a Car, Inc. dba Midway Car Rental dba M Car (“Plaintiff”) filed an action for breach of contract, common counts, and general negligence against Defendants Timothy Robles (“Robles”) and Maraya Jackson (“Jackson”) (collectively, “Defendants”). On April 18, 2020, Defendants each filed a separate Answer, in pro per.

On June 19, 2019, Plaintiff filed discovery motions, seeking to compel Defendant Jackson’s responses to form interrogatories and special interrogatories. On November 11, 2019, the Court granted Plaintiff’s discovery motions and ordered Defendant Jackson to serve verified responses without objections within twenty (20) days of the order, and to pay sanctions of $720.00 within thirty (30) days of the order. (11/14/19 Minute Order.)

On December 30, 2019, Plaintiff filed the instant Motion for Terminating Sanctions (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subd. (g); 2023.030, subds. (b)-(d).)  Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules.  (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.)  “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.”  (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.)  The court may impose a terminating sanction by one of the following orders:

(1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process.

(2) An order staying further proceedings by that party until an order for discovery is obeyed.

(3) An order dismissing the action, or any part of the action, of that party.

(4) An order rendering a judgment by default against that party.

(Code Civ. Proc., § 2023.030, subd. (d).)

The Court finds that terminating sanctions are warranted here. Following the Court’s order granting Plaintiff’s discovery motions as to Defendant Jackson, Plaintiff served notice of that order on November 14, 2019. (Mot., Scott Decl., ¶ 4, Exh. 1.) On December 4, 2019, Plaintiff’s counsel drafted and sent Defendant Jackson a meet and confer letter, warning that failure to provide responses by December 14, 2019 would result in the instant Motion. (Id. at ¶ 3, Exh. 3.)  Despite the Court’s order and Plaintiff’s meet and confer letter, Defendant Jackson never served responses to Plaintiff’s discovery requests. (Id. at ¶ 4.) Given the notice provided, the Court finds this to be a willful failure to comply with the Court’s November 14, 2019 Order. Notably, Defendant Jackson was properly served with this Motion, but has not opposed it. Although terminating sanctions are a harsh penalty, the evidence above demonstrates that Defendant Jackson’s compliance with the Court’s orders cannot be achieved through lesser sanctions.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Midway Rent a Car, Inc.’s Motion for Terminating Sanctions is GRANTED. Defendant Maraya Jackson’s Answer filed on April 18, 2019 is HEREBY STRICKEN.

Moving party is ordered to give notice.

Case Number: 19STLC02066    Hearing Date: November 14, 2019    Dept: 94

MOTIONS TO COMPEL RESPONSES TO FORM AND SPECIAL INTERROGATORIES AND FOR MONETARY SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Plaintiff Midway Rent A Car, Inc. dba Midway Car Rental dba M Car’s Motions to Compel Responses to Form and Special Interrogatories and for Monetary Sanctions are GRANTED.

ANALYSIS:

I. Background

On May 2, 2019, Plaintiff Midway Rent A Car, Inc. dba Midway Car Rental dba M Car (“Plaintiff”) served Form and Special Interrogatories on Defendant Maraya Jackson (“Jackson”). (Scott Decl. ¶ 3, Exhs. 1s.) To date, Jackson has not responded to the discovery requests. (Id. ¶ 3.) As a result, Plaintiff filed the instant Motions to Compel Jackson’s Responses to Form and Special Interrogatories and for Monetary Sanctions (collectively, the “Motions”) on June 19, 2019.

II. Discussion& Order

Because Jackson has failed to respond to Plaintiff’s discovery requests, the unopposed Motions are GRANTED. Pursuant to CCP § 2030.290, Jackson is ordered to serve verified responses, without objections, to Plaintiff’s Form and Special Interrogatories within twenty (20) days of the date of Plaintiff’s service of a notice of this Order.

Because the Motions have been granted, monetary sanctions are mandatory under CCP § 2030.290(c). Given the simplicity of the Motions and the lack of opposition and reply, the Court awards Plaintiff $720 in reasonable attorney’s fees and costs as monetary sanctions against Jackson. Sanctions are to be paid within thirty (30) days from the date of Plaintiff serving a notice of this Order on Jackson.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.