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This case was last updated from Los Angeles County Superior Courts on 11/21/2020 at 04:50:31 (UTC).

MOUNTAIN RECOVERY, LLC VS JACOBO ALCANTARA, ET AL.

Case Summary

On 05/23/2019 MOUNTAIN RECOVERY, LLC filed a Personal Injury - Other Personal Injury lawsuit against JACOBO ALCANTARA. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5040

  • Filing Date:

    05/23/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

MOUNTAIN RECOVERY LLC

Defendants and Cross Plaintiffs

GUTIERREZ ROGELIO PINON

MARROQUIN JOSE MORAGA

ALCANTARA JACOBO

ALCANTARA ANA JACOBO

Defendants and Cross Defendants

MARROQUIN JOSE MORAGA

ALCANTARA JACOBO

ALCANTARA ANA JACOBO

Attorney/Law Firm Details

Plaintiff Attorney

TUCKER VERNON C.

Defendant and Cross Plaintiff Attorney

HAGEMANN KENNETH

 

Court Documents

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

10/2/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

10/2/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Motion in Limine (name extension) - Motion in Limine Motion in Limine to Preclude Plaintiff from Introducing any Witnesses or Evidence in the Trial of this Matter

11/17/2020: Motion in Limine (name extension) - Motion in Limine Motion in Limine to Preclude Plaintiff from Introducing any Witnesses or Evidence in the Trial of this Matter

Minute Order - Minute Order (Non-Jury Trial)

11/19/2020: Minute Order - Minute Order (Non-Jury Trial)

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

1/13/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/14/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

10/22/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 10/22/2019

10/22/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 10/22/2019

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

8/28/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Proof of Personal Service - Proof of Personal Service

8/29/2019: Proof of Personal Service - Proof of Personal Service

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

8/7/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Demand for Jury Trial - Demand for Jury Trial

8/7/2019: Demand for Jury Trial - Demand for Jury Trial

Summons - Summons on Cross-Complaint

8/13/2019: Summons - Summons on Cross-Complaint

Cross-Complaint - Cross-Complaint

8/13/2019: Cross-Complaint - Cross-Complaint

Proof of Personal Service - Proof of Personal Service

6/21/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

5/23/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/23/2019: First Amended Standing Order - First Amended Standing Order

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

5/23/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

24 More Documents Available

 

Docket Entries

  • 05/26/2022
  • Hearing05/26/2022 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

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  • 08/23/2021
  • Hearing08/23/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/19/2020
  • DocketNon-Jury Trial scheduled for 08/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/19/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 11/19/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 11/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 08/23/2021 08:30 AM

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  • 11/17/2020
  • DocketMotion in Limine Motion in Limine to Preclude Plaintiff from Introducing any Witnesses or Evidence in the Trial of this Matter; Filed by: ROGELIO PINON GUTIERREZ (Defendant)

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  • 10/07/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: ROGELIO PINON GUTIERREZ (Cross-Complainant)

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  • 10/07/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 10/02/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: ROGELIO PINON GUTIERREZ (Cross-Complainant)

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  • 10/02/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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35 More Docket Entries
  • 06/21/2019
  • DocketProof of Personal Service; Filed by: MOUNTAIN RECOVERY, LLC (Plaintiff); As to: JOSE MORAGA MARROQUIN (Defendant); Service Date: 06/20/2019; Service Cost: 120.00; Service Cost Waived: No

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  • 06/21/2019
  • DocketProof of Personal Service; Filed by: MOUNTAIN RECOVERY, LLC (Plaintiff); As to: JACOBO ALCANTARA (Defendant); Service Date: 06/20/2019; Service Cost: 120.00; Service Cost Waived: No

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  • 05/24/2019
  • DocketNon-Jury Trial scheduled for 11/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/24/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 05/23/2019
  • DocketComplaint; Filed by: MOUNTAIN RECOVERY, LLC (Plaintiff); As to: JACOBO ALCANTARA (Defendant); ROGELIO PINON GUTIERREZ (Defendant); JOSE MORAGA MARROQUIN (Defendant)

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  • 05/23/2019
  • DocketSummons on Complaint; Issued and Filed by: MOUNTAIN RECOVERY, LLC (Plaintiff); As to: JACOBO ALCANTARA (Defendant); ROGELIO PINON GUTIERREZ (Defendant); JOSE MORAGA MARROQUIN (Defendant)

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  • 05/23/2019
  • DocketCivil Case Cover Sheet; Filed by: MOUNTAIN RECOVERY, LLC (Plaintiff); As to: JACOBO ALCANTARA (Defendant); ROGELIO PINON GUTIERREZ (Defendant); JOSE MORAGA MARROQUIN (Defendant)

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  • 05/23/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/23/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05040    Hearing Date: January 13, 2020    Dept: 94

TENTATIVE RULING:

Plaintiff Mountain Recovery, LLC’s Motion Compelling Defendant Jose Moraga Marroquin To Respond To Form Interrogatories, Set One, is GRANTED.

ANALYSIS:

On November 26, 2019, Plaintiff filed a second Motion to Compel Defendant Marroquin’s Responses to Form Interrogatories and Request for Sanctions. The second Motion, therefore, is a renewed Motion under Code of Civil Procedure section 1008, subdivision (b). A renewed motion under Code of Civil Procedure section 1008, subdivision (b) seeks the same relief that was previously denied. Here, Defendants do not seek to amend, modify or revoke the court’s October 22, 2019 order. Rather, they seek the same relief as before.

When a motion has been denied in whole or in part, the moving party may apply again for the same relief at a later time only upon “new or different facts, circumstances or law.” (Code Civ. Proc., § 1008, subd. (b); see Graham v. Hansen (1982) 128 Cal.App.3d 965, 969-970.) The motion must be supported by a declaration showing the previous order, by which judge it was made, and what new or different facts, circumstances or law are claimed to exist. (Code Civ. Proc., § 1008, subd. (b).) Unlike a motion for reconsideration, there is no time limit under subdivision (b) for the renewal of a previous motion. (See Stephen v. Enterprise Rent-A-Car of San Francisco (1991) 235 Cal.App.3d 806, 816.)

The second Motion to Compel Defendant Marroquin’s responses to Form Interrogatories and for Sanctions is not accompanied by a declaration showing the previous order, by which judge it was made, and what new or different facts, circumstances or law are claimed to exist. (See Motion, Tucker Decl.) Nor does the second Motion explain under what “new or different facts, circumstances or law it is brought.”

However, the Court may reconsider its prior interim orders upon its own motion. (Le Francois v. Goel (2005) 35 Cal.4th 1094, 1106.) Here, the Court reconsiders its prior order denying the first Motion to Compel Defendant Marroquin’s responses to Form Interrogatories and for Sanctions. The first Motion was denied on the grounds that no proof of service was attached and that default had been entered against Defendant Marroquin. Default, however, was entered against Defendant Marroquin only on the Cross-Complaint filed by Defendant/Cross-Complainant Gutierrez. That default has no bearing on a discovery motion brought by Plaintiff. Furthermore, Plaintiff has since given proper notice of the instant motion. (Motion, Proof of Service.)

Defendant Marroquin has not provided any responses to the interrogatories propounded by Plaintiff on July 21, 2019. (Motion, Tucker Decl., ¶3 and Exh. A.) There is no requirement for a prior meet and confer effort before a motion to compel initial responses can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. Based on the foregoing, Plaintiff is entitled to an order that Defendant Marroquin serve verified responses to the Form Interrogatories, Set One, without objections. The responses are due within 20 days’ notice of this order.

The court also finds Defendant Marroquin’s failure to respond 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. The request for sanctions is granted against Defendant Marroquin in the amount of $560.00 based on two hours of attorney time billed at $250.00 per hour. (Motion, Tucker Decl., ¶5.) The sanctions are to be paid within 30 days’ notice of this order.

Moving party to give notice.