This case was last updated from Los Angeles County Superior Courts on 02/16/2021 at 10:46:44 (UTC).

MITCHELL MORALES VS JEOVANNY ZEFERINO

Case Summary

On 06/03/2020 MITCHELL MORALES filed a Personal Injury - Motor Vehicle lawsuit against JEOVANNY ZEFERINO. 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:

    *******4652

  • Filing Date:

    06/03/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MORALES MITCHELL

Defendant

ZEFERINO JEOVANNY

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorney

LEE JAMES

 

Court Documents

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY

1/4/2021: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POIN

1/4/2021: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POIN

Opposition (name extension) - Opposition to Defendant's Motion to Compel Plaintiff's Discovery Responses

1/29/2021: Opposition (name extension) - Opposition to Defendant's Motion to Compel Plaintiff's Discovery Responses

Notice of Ruling - Notice of Ruling

2/4/2021: Notice of Ruling - Notice of Ruling

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

2/4/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Answer - Answer

8/31/2020: Answer - Answer

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

8/31/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

6/12/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Summons - Summons on Complaint

6/3/2020: Summons - Summons on Complaint

Complaint - Complaint

6/3/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/3/2020: First Amended Standing Order - First Amended Standing Order

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

6/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 06/07/2023
  • Hearing06/07/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/01/2021
  • Hearing12/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/04/2021
  • DocketNotice of Ruling; Filed by: Jeovanny Zeferino (Defendant)

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  • 02/04/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 02/04/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/04/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/04/2021; Result Type to Held - Motion Granted

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  • 02/04/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/04/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/04/2021; Result Type to Held - Motion Granted

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  • 01/29/2021
  • DocketOpposition to Defendant's Motion to Compel Plaintiff's Discovery Responses; Filed by: Mitchell Morales (Plaintiff)

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  • 01/04/2021
  • DocketMotion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO FORM INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JAMES LEE; Filed by: Jeovanny Zeferino (Defendant)

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  • 01/04/2021
  • DocketUpdated -- Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JAMES LEE: As To Parties: removed

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  • 01/04/2021
  • DocketMotion for Order NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JAMES LEE; Filed by: Jeovanny Zeferino (Defendant)

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3 More Docket Entries
  • 08/31/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Jeovanny Zeferino (Defendant)

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  • 06/12/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Mitchell Morales (Plaintiff); As to: Jeovanny Zeferino (Defendant); Mailing Date: 06/08/2020; Cost Waived: No

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  • 06/03/2020
  • DocketComplaint; Filed by: Mitchell Morales (Plaintiff); As to: Jeovanny Zeferino (Defendant)

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  • 06/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Mitchell Morales (Plaintiff); As to: Jeovanny Zeferino (Defendant)

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  • 06/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Mitchell Morales (Plaintiff); As to: Jeovanny Zeferino (Defendant)

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  • 06/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/03/2020
  • DocketNon-Jury Trial scheduled for 12/01/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/03/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC04652    Hearing Date: February 04, 2021    Dept: 26

Morales v. Zeferino, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Jeovanny Zeferino’s (1) Motion Compelling Plaintiff to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $478.34 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Defendant Jeovanny Zeferino (“Defendant”) propounded Form Interrogatories, Set One and Request for Production, Set One on Plaintiff Mitchell Morales (“Plaintiff”) on August 30, 2020. (Motions, Lee Decl., Exh. A.) Following Plaintiff’s failure to provide timely responses, Defendant extended the deadline to serve verified responses. (Id. at Exh. B.) Following no response from Plaintiff after the last deadline, Defendant filed the instant Motions to Compel Responses and Request for Sanctions on January 4, 2021. Plaintiff’s counsel filed an opposition declaration on January 29, 2021.

Discussion

There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. (Code Civ. Proc., § 2030.290.) Further, the motion can be brought any time after the responding party fails to provide the responses.  (Code Civ. Proc., § 2030.290.) Based on the Plaintiff’s failure to respond to the propounded discovery, Defendant is entitled to an order compelling Plaintiff to serve verified responses without objections to the form interrogatories and request for production. To the extent Plaintiff’s counsel contends he only recently reestablish communication with Plaintiff, no reason is provided for the failure to meet and confer with defense counsel to resolve this without court intervention. (Opp., Yeager Decl., ¶¶1-2.)

Plaintiff’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed for each motion. However, the amount sought is excessive. Therefore, the requests for sanctions are granted against Plaintiff and counsel of record in the total amount of $478.34. (Motions, Lee Decl., ¶5.)

Conclusion

Defendant Jeovanny Zeferino’s (1) Motion Compelling Plaintiff to Respond to Form Interrogatories, Set One and for Monetary Sanctions; and (2) Motion Compelling Plaintiff to Respond to Request for Production, Set One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF IS ORDERED TO PAY SANCTIONS OF $478.34 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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