This case was last updated from Los Angeles County Superior Courts on 12/18/2020 at 00:24:10 (UTC).

MONESHIA BRANCH, AN INDIVIDUAL, ET AL. VS MAURICE JACKSON, AN INDIVIDUAL

Case Summary

On 06/19/2019 MONESHIA BRANCH, AN INDIVIDUAL filed a Personal Injury - Motor Vehicle lawsuit against MAURICE JACKSON, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5800

  • Filing Date:

    06/19/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

BRANCH AN INDIVIDUAL MONESHIA

AGNEW AN INDIVIDUAL RUTH

Defendant

JACKSON AN INDIVIDUAL MAURICE

Attorney/Law Firm Details

Plaintiff Attorneys

PELLINEN ROBERT

YOO KENNETH

Defendant Attorney

HAKOPIAN JOSEPH J.

 

Court Documents

Association of Attorney - Association of Attorney

6/22/2020: Association of Attorney - Association of Attorney

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF RUTH AGNEW TO RESOND TO REQUEST FOR PRODUCTION OF DOCUMENTS

6/24/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF RUTH AGNEW TO RESOND TO REQUEST FOR PRODUCTION OF DOCUMENTS

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPLELLIN PLAINTIFF MONESHIA BRANCH TO REPOND TO REQUEST FOR PRODUCYIONS OF DOCUMENTS

6/24/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPLELLIN PLAINTIFF MONESHIA BRANCH TO REPOND TO REQUEST FOR PRODUCYIONS OF DOCUMENTS

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF RUTH AGNEW TO ANSWER FORM AND SPECIAL INTERROGATORIES

6/24/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF RUTH AGNEW TO ANSWER FORM AND SPECIAL INTERROGATORIES

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF MONESHIA BRANCH TO ANSWER FORM AND SPECIAL INTERROGATORIES

6/24/2020: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF MONESHIA BRANCH TO ANSWER FORM AND SPECIAL INTERROGATORIES

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/26/2020

6/26/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/26/2020

Minute Order - Minute Order (Court Order)

6/26/2020: Minute Order - Minute Order (Court Order)

Minute Order - Minute Order (Hearing on Motion for Order Compelling Plaintiff Ruth Agnew t...)

9/28/2020: Minute Order - Minute Order (Hearing on Motion for Order Compelling Plaintiff Ruth Agnew t...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Compelling Plaintiff Ruth Agnew t...) of 09/28/2020

9/28/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Compelling Plaintiff Ruth Agnew t...) of 09/28/2020

Request for Dismissal - Request for Dismissal

11/25/2020: Request for Dismissal - Request for Dismissal

Answer - Answer

10/21/2019: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

10/21/2019: Demand for Jury Trial - Demand for Jury Trial

Proof of Personal Service - Proof of Personal Service

9/25/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

6/19/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

6/19/2019: Complaint - Complaint

Summons - Summons on Complaint

6/19/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/19/2019: First Amended Standing Order - First Amended Standing Order

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

6/19/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 12/02/2020
  • DocketNon-Jury Trial scheduled for 12/16/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 12/02/2020

    Read MoreRead Less
  • 12/02/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/22/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 12/02/2020

    Read MoreRead Less
  • 11/25/2020
  • DocketOn the Complaint filed by MONESHIA BRANCH, AN INDIVIDUAL, et al. on 06/19/2019, entered Request for Dismissal with prejudice filed by MONESHIA BRANCH, AN INDIVIDUAL and RUTH AGNEW, AN INDIVIDUAL as to the entire action

    Read MoreRead Less
  • 11/04/2020
  • DocketAddress for ROBERT PELLINEN (Attorney) null

    Read MoreRead Less
  • 09/28/2020
  • DocketMinute Order (Hearing on Motion for Order Compelling Plaintiff Ruth Agnew t...)

    Read MoreRead Less
  • 09/28/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Order Compelling Plaintiff Ruth Agnew t...) of 09/28/2020; Filed by: Clerk

    Read MoreRead Less
  • 09/28/2020
  • DocketHearing on Motion for Order Compelling Plaintiff Ruth Agnew to Answer Form and Special Interrogatories, Set One and Request for Sanctions Against Plaintiff Ruth Agnew and/or her Counsel of Record in the Amount of $461.65. scheduled for 09/28/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2020; Result Type to Held

    Read MoreRead Less
  • 09/28/2020
  • DocketHearing on Motion for Order Compelling Plaintiff Moneshia Branch to Answer Form and Special Interrogatories, Set One and Request for Sanctions Against Plaintiff Ruth Agnew and/or her Counsel of Record in the Amount of $461.65. scheduled for 09/28/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2020; Result Type to Held

    Read MoreRead Less
  • 09/28/2020
  • DocketHearing on Motion for Order Compelling Plaintiff Ruth Agnew to Respond to Request for Production of Documents, Set One and Request for Sanctions Against Plaintiff Ruth Agnew and/or Her Counsel of Record in the Amount of $461.65. scheduled for 09/28/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2020; Result Type to Held

    Read MoreRead Less
  • 09/28/2020
  • DocketHearing on Motion for Order Compelling Plaintiff Moneshia Branch to Respond to Request for Production of Documents, Set One and Request for Sanctions Against Plaintiff Ruth Agnew and/or Her Counsel of Record in the Amount of $461.65. scheduled for 09/28/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/28/2020; Result Type to Held

    Read MoreRead Less
12 More Docket Entries
  • 10/21/2019
  • DocketDemand for Jury Trial; Filed by: MAURICE JACKSON, AN INDIVIDUAL (Defendant)

    Read MoreRead Less
  • 09/25/2019
  • DocketProof of Personal Service; Filed by: MONESHIA BRANCH, AN INDIVIDUAL (Plaintiff); RUTH AGNEW, AN INDIVIDUAL (Plaintiff); As to: MAURICE JACKSON, AN INDIVIDUAL (Defendant); Service Date: 09/23/2019; Service Cost: 175.00; Service Cost Waived: No

    Read MoreRead Less
  • 06/19/2019
  • DocketNon-Jury Trial scheduled for 12/16/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/19/2019
  • DocketComplaint; Filed by: MONESHIA BRANCH, AN INDIVIDUAL (Plaintiff); RUTH AGNEW, AN INDIVIDUAL (Plaintiff); As to: MAURICE JACKSON, AN INDIVIDUAL (Defendant)

    Read MoreRead Less
  • 06/19/2019
  • DocketSummons on Complaint; Issued and Filed by: MONESHIA BRANCH, AN INDIVIDUAL (Plaintiff); RUTH AGNEW, AN INDIVIDUAL (Plaintiff); As to: MAURICE JACKSON, AN INDIVIDUAL (Defendant)

    Read MoreRead Less
  • 06/19/2019
  • DocketCivil Case Cover Sheet; Filed by: MONESHIA BRANCH, AN INDIVIDUAL (Plaintiff); RUTH AGNEW, AN INDIVIDUAL (Plaintiff); As to: MAURICE JACKSON, AN INDIVIDUAL (Defendant)

    Read MoreRead Less
  • 06/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 06/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 06/19/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC05800    Hearing Date: September 28, 2020    Dept: 26

Branch, et al. v. Jackson, et al.

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

(CCP §§ 2030.290, 2031.290)

TENTATIVE RULING:

Defendant Maurice Jackson’s (1) Motion To Compel Plaintiff Moneshia Branch’s Verified Responses To Form And Special Interrogatories, Set One And Request For Sanctions; (2) Motion To Compel Plaintiff Ruth Agnew’s Verified Responses To Form And Special Interrogatories, Set One And Request For Sanctions; (3) Motion To Compel Plaintiff Moneshia Branch’s Verified Responses To Request For Production Of Documents, Set One And Request For Monetary Sanctions; and (4) Motion To Compel Plaintiff Ruth Agnew’s Verified Responses To Request For Production Of Documents, Set One And Request For Monetary Sanctions are CONTINUED TO NOVEMBER 2, 2020 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. MOVING PARTY TO FILE PROOF OF SERVICE OF NOTICE OF NEW HEARING DATE AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE.

ANALYSIS:

Defendant Maurice Jackson (“Defendant”) propounded Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiffs Moneshia Branch and Ruth Agnew (“Plaintiffs”) on October 21, 2019. (Motions, Hakopian Decl., Exh. A.) On April 6, 2020, Defendant sent a meet and confer letter to Plaintiffs requesting responses within ten days. (Id. at Exh. B.) On June 24, 2020, Defendant filed the instant Motions to compel Plaintiffs’ responses to the written discovery and award of sanctions. To date, no opposition has been filed.

Discussion

As an initial matter, no proof of service demonstrating service of the notice of hearing on Plaintiffs has been filed. The Motions were set for hearing by order of Court on June 26, 2020 and notice of the order was mailed only to defense counsel. (Certificate of Mailing, filed 6/26/20.) The order instructed moving party to give notice of the hearing, however, no proof of service of the notice of hearing has been filed with the Court. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Regarding the merits of the Motions, Plaintiffs’ failure to timely serve responses, whether containing objections, or facts, or both, results in waiver of all objections. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 658.) Based on Plaintiffs’ failure to timely respond to the propounded discovery requests, Defendant is entitled to verified responses without objections to the interrogatories and requests for production within twenty (20) days’ service of this Order. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Plaintiffs’ failure to respond is a misuse of the discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of these Motions. Sanctions are appropriate in the amount of $520.00 per Plaintiff based on two hours of attorney time billed at $200.00 per hour, plus two filing fees of $60.00 each. (Motions, Hakopian Decl., ¶7.)

Conclusion

Defendant Maurice Jackson’s (1) Motion To Compel Plaintiff Moneshia Branch’s Verified Responses To Form And Special Interrogatories, Set One And Request For Sanctions; (2) Motion To Compel Plaintiff Ruth Agnew’s Verified Responses To Form And Special Interrogatories, Set One And Request For Sanctions; (3) Motion To Compel Plaintiff Moneshia Branch’s Verified Responses To Request For Production Of Documents, Set One And Request For Monetary Sanctions; and (4) Motion To Compel Plaintiff Ruth Agnew’s Verified Responses To Request For Production Of Documents, Set One And Request For Monetary Sanctions are CONTINUED TO NOVEMBER 2, 2020 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. MOVING PARTY TO FILE PROOF OF SERVICE OF NOTICE OF NEW HEARING DATE AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE.

Moving party to give notice.