This case was last updated from Los Angeles County Superior Courts on 09/29/2021 at 05:35:14 (UTC).

MS SERVICES LLC, A WYOMING LIMITED LIABILITY COMPANY VS ROSALIO VIDAL, ET AL.

Case Summary

On 12/16/2019 MS SERVICES LLC, A WYOMING LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against ROSALIO VIDAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are HOLLY E. KENDIG and JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1444

  • Filing Date:

    12/16/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judges

HOLLY E. KENDIG

JAMES E. BLANCARTE

 

Party Details

Respondent and Plaintiff

MS SERVICES LLC A WYOMING LIMITED LIABILITY COMPANY

Appellants and Defendants

VIDAL ANGELINA

VIDAL ROSALIO

VIDAL SERGIO

Attorney/Law Firm Details

Plaintiff Attorney

OLSON SHAWN

 

Court Documents

Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103

7/28/2021: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Plaintiff's Proposed Judgment Submitted 07/19...) of 07/29/2021

7/29/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Plaintiff's Proposed Judgment Submitted 07/19...) of 07/29/2021

Minute Order - Minute Order (Court Order Re: Plaintiff's Proposed Judgment Submitted 07/19...)

7/29/2021: Minute Order - Minute Order (Court Order Re: Plaintiff's Proposed Judgment Submitted 07/19...)

Other - (name extension) - Election to forgo Affidavit (CCP 170.6)

6/28/2021: Other - (name extension) - Election to forgo Affidavit (CCP 170.6)

Minute Order - Minute Order (Non-Jury Trial)

6/28/2021: Minute Order - Minute Order (Non-Jury Trial)

Witness List - Witness List

6/18/2021: Witness List - Witness List

Exhibit List - Exhibit List

6/18/2021: Exhibit List - Exhibit List

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

12/9/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/14/2021

4/14/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/14/2021

Minute Order - Minute Order (Court Order)

4/16/2021: Minute Order - Minute Order (Court Order)

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

5/18/2021: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Witness List - Witness List

6/11/2021: Witness List - Witness List

Trial Brief - Trial Brief

6/11/2021: Trial Brief - Trial Brief

Exhibit List - Exhibit List

6/11/2021: Exhibit List - Exhibit List

Minute Order - Minute Order (Non-Jury Trial)

6/14/2021: Minute Order - Minute Order (Non-Jury Trial)

Proof of Personal Service - Proof of Personal Service

1/21/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration (name extension) - Declaration of Shawn M. Olson Concerning Proper Venue

2/7/2020: Declaration (name extension) - Declaration of Shawn M. Olson Concerning Proper Venue

26 More Documents Available

 

Docket Entries

  • 08/02/2021
  • DocketAppeal - Notice of Filing of Notice of Appeal NA07/28/21;; Filed by: Clerk

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  • 07/29/2021
  • DocketMinute Order (Court Order Re: Plaintiff's Proposed Judgment Submitted 07/19...)

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  • 07/29/2021
  • DocketCertificate of Mailing for (Court Order Re: Plaintiff's Proposed Judgment Submitted 07/19...) of 07/29/2021; Filed by: Clerk

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  • 07/28/2021
  • DocketAppeal - Notice of Appeal/Cross Appeal Filed; Filed by: Angelina Vidal (Appellant); Rosalio Vidal (Appellant); As to: MS Services LLC, a Wyoming limited liability company (Respondent)

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  • 07/28/2021
  • DocketUpdated -- Appeal - Notice of Appeal/Cross Appeal Filed: As To Parties changed from MS Services LLC, a Wyoming limited liability company (Respondent) to MS Services LLC, a Wyoming limited liability company (Respondent)

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  • 07/28/2021
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by: Angelina Vidal (Appellant); Rosalio Vidal (Appellant)

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  • 07/28/2021
  • DocketUpdated -- Appeal - Ntc Designating Record of Appeal APP-003/010/103: As To Parties: removed

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  • 06/29/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 06/29/2021
  • DocketNon-Jury Trial scheduled for 06/29/2021 at 01:30 PM in Spring Street Courthouse at Department 3 updated: Result Date to 06/29/2021; Result Type to Held - Tentative decisions in trial

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  • 06/28/2021
  • DocketThis case is assigned to Judge Holly E. Kendig in Department 3 at Spring Street Courthouse for trial purposes only.

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44 More Docket Entries
  • 01/21/2020
  • DocketProof of Personal Service; Filed by: MS Services LLC, a Wyoming limited liability company (Plaintiff); As to: Rosalio Vidal (Defendant); Service Date: 01/06/2020; Service Cost: 160.00; Service Cost Waived: No

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  • 01/21/2020
  • DocketProof of Service by Substituted Service; Filed by: MS Services LLC, a Wyoming limited liability company (Plaintiff); As to: Angelina Vidal (Defendant); Proof of Mailing Date: 01/14/2020; Service Cost: 109.75; Service Cost Waived: No

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  • 12/17/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/17/2019
  • DocketNon-Jury Trial scheduled for 06/14/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/17/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 12/16/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/16/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/16/2019
  • DocketSummons on Complaint; Issued and Filed by: MS Services LLC, a Wyoming limited liability company (Plaintiff); As to: Rosalio Vidal (Defendant); Angelina Vidal (Defendant)

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  • 12/16/2019
  • DocketCivil Case Cover Sheet; Filed by: MS Services LLC, a Wyoming limited liability company (Plaintiff); As to: Rosalio Vidal (Defendant); Angelina Vidal (Defendant)

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  • 12/16/2019
  • DocketComplaint; Filed by: MS Services LLC, a Wyoming limited liability company (Plaintiff); As to: Rosalio Vidal (Defendant); Angelina Vidal (Defendant)

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Tentative Rulings

Case Number: 19STLC11444    Hearing Date: May 18, 2021    Dept: 25

PROCEEDINGS: MOTION TO HAVE REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANTS DEEMED ADMITTED AND REQUEST FOR SANCTIONS

MOVING PARTY: Plaintiff MS Services, LLC

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff MS Services, LLC’s Motion to Have Requests for Admissions, Set One, Propounded on Defendants Rosalio Vidal and Angelina Vidal Deemed Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $585.00 to be paid to Plaintiff’s counsel within thirty (30) days of this order.

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 May 14, 2021 [ ] Late [X] None

REPLY: None filed as of May 14, 2021 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

On December 16, 2019, Plaintiff MS Services, LLC (“Plaintiff”) filed a complaint for breach of contract and money lent against Defendants Rosalio Vidal (“Rosalio”) and Angelina Vidal (“Angelina”) (collectively, “Defendants”). Defendants filed a joint Answer, in pro per, on January 23, 2020.

On December 9, 2020, Plaintiff filed the instant Motion to Have Requests for Admissions, Set One, Propounded on Defendants Rosalio Vidal and Angelina Vidal Deemed Admitted and Request for Sanctions (the “Motion”). No opposition was filed.

At the initial February 11, 2021 hearing, the Court found that Plaintiff was entitled to an order deeming the Requests for Admission, Sets One, admitted against each Defendant and that Plaintiff was entitled to sanctions of $585.00. (2/11/21 Minute Order.) Although the Court was inclined to grant the Motion, it did not do so because Plaintiff paid only one filing fee for what should have been two separate motions. (Id.) For this reason, the hearing was continued and Plaintiff was ordered to pay one additional filing fee. (Id.)

Plaintiff paid the requested filing fee on February 23, 2021. Accordingly, the Motion is now GRANTED.

II. Conclusion & Order

For the foregoing reasons, Plaintiff MS Services, LLC’s Motion to Have Requests for Admissions, Set One, Propounded on Defendants Rosalio Vidal and Angelina Vidal Deemed Admitted is GRANTED. Plaintiff’s request for sanctions is also GRANTED in the amount of $585.00 to be paid to Plaintiff’s counsel within thirty (30) days of this order.

Moving party is ordered to give notice.

Case Number: 19STLC11444    Hearing Date: February 11, 2021    Dept: 25

HEARING DATE: Thu., February 11, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: MS Services, LLC v. Vidal, et al. COMPL. FILED: 12-16-19

CASE NUMBER: 19STLC11444 DISC. C/O: 05-15-21

NOTICE: OK DISC. MOT. C/O: 05-30-21

TRIAL DATE: 06-14-21

PROCEEDINGS: MOTION TO HAVE REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANTS DEEMED ADMITTED AND REQUEST FOR SANCTIONS

MOVING PARTY: Plaintiff MS Services, LLC

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff MS Services, LLC’s Motion to Have Requests for Admissions, Set One, Propounded on Defendants Rosalio Vidal and Angelina Vidal Deemed Admitted and Request for Sanctions is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff pays one additional filing fee. If granted, Defendants are ordered to pay Plaintiff’s counsel sanctions of $585.00 within thirty (30) days of notice of this order.

Otherwise, the hearing will be CONTINUED TO April 19, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. If continued, Plaintiff must pay an additional filing fee at least five (5) days before the next scheduled hearing. 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 February 9, 2021 [ ] Late [X] None

REPLY: None filed as of February 9, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On December 16, 2019, Plaintiff MS Services, LLC (“Plaintiff”) filed a complaint for breach of contract and money lent against Defendants Rosalio Vidal (“Rosalio”) and Angelina Vidal (“Angelina”) (collectively, “Defendants”). Defendants filed a joint Answer, in pro per, on January 23, 2020.

On December 9, 2020, Plaintiff filed the instant Motion to Have Requests for Admissions, Set One, Propounded on Defendants Rosalio Vidal and Angelina Vidal Deemed Admitted and Request for Sanctions (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Requests for Admission

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

Here, Plaintiff served each Defendant with Requests for Admission, Set One, on July 23, 2020 via regular mail. (Mot., Olson Decl., ¶ 1, Exh. A.) Plaintiff’s counsel states that on August 10, Defendant Angelina and her son called his office and stated that responses to the discovery would only be provided to the Court. (Id. at ¶ 2.) Although not statutorily required, on September 11, 2020, Plaintiff’s counsel mailed Defendants a letter regarding the lack of discovery responses, requesting compliance by September 25, 2020. (Id. at ¶ 4, Exh. B.) No responses to the requests for admission were served as of the date of this Motion. (Id. at ¶ 5.) Thus, Plaintiff is entitled to an order deeming the Requests for Admissions, Sets One, admitted against both Defendants. (Code Civ. Proc., § 2033.280.)

B. Request for Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or to submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).) Furthermore, it is “mandatory that the Court impose a monetary sanction…on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

The Court finds Defendants’ failure to respond to Plaintiff’s discovery requests a misuse of the discovery process. In addition, the Court is required to impose a monetary sanction on Defendants for their failure to respond to the Request for Admissions under Code of Civil Procedure section 2033.280, subdivision (c).

Plaintiff’s counsel seeks sanctions of $935.00 based on 2.5 hours of attorney time billed at $350.00 per hour and one filing fee of $60.00. (Mot., Olson Decl., ¶¶6-7.) However, the amount sought is excessive given the simplicity of his Motion and the lack of opposition and reply. The Court finds $585.00, based on 1.5 hours of attorney time and one filing fee, to be reasonable.

C. Filing Fees

Although inclined to grant the Motion, the Court notes that Plaintiff filed two requests for relief in a single Motion. Combining discovery motions allows the moving party to avoid paying the requisite filing fees. Filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Here, Plaintiff has only paid one filing fee for what should have been two separate motions.

In the interest of judicial economy, however, this Motion is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff pays one additional filing fee. Otherwise, the Motion will be CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff MS Services, LLC’s Motion to Have Requests for Admissions, Set One, Propounded on Defendants Rosalio Vidal and Angelina Vidal Deemed Admitted and Request for Sanctions is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff pays one additional filing fee. If granted, Defendants are ordered to pay Plaintiff’s counsel sanctions of $585.00 within thirty (30) days of notice of this order.

Otherwise, the hearing will be CONTINUED TO April 19, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. If continued, Plaintiff must pay an additional filing fee at least five (5) days before the next scheduled hearing. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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