On 07/01/2019 NATASHA TORRES filed a Personal Injury - Motor Vehicle lawsuit against VICKY KHONG. 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.
*******6203
07/01/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
MUJICA DAVID
TORRES NATASHA
KHONG VICKY
PEREZ RAYMOND
MIHAI RACHEL A.
2/13/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
2/5/2020: Reply (name extension) - Reply To Non-Opposition
2/5/2020: Reply (name extension) - Reply To Non-Opposition
2/5/2020: Reply (name extension) - Reply To Non-Opposition
2/5/2020: Reply (name extension) - Reply To Non-Opposition
2/5/2020: Reply (name extension) - Reply To Non-Opposition
2/6/2020: Reply (name extension) - Reply Motion to Compel Discovery
11/26/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
11/26/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
11/26/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
11/26/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
11/26/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
8/20/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
8/20/2019: Answer - Answer
7/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
7/1/2019: Summons - Summons on Complaint
7/1/2019: First Amended Standing Order - First Amended Standing Order
7/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing07/05/2022 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
Hearing12/28/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/13/2020; Result Type to Held
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/13/2020; Result Type to Held
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/13/2020; Result Type to Held
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/13/2020; Result Type to Held
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/13/2020; Result Type to Held
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/13/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/13/2020; Result Type to Held
DocketReply Motion to Compel Discovery; Filed by: Natasha Torres (Plaintiff); David Mujica (Plaintiff)
DocketNotice of Posting of Jury Fees; Filed by: Vicky khong (Defendant)
DocketAnswer; Filed by: Vicky khong (Defendant)
DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Natasha Torres (Plaintiff); David Mujica (Plaintiff); As to: Vicky khong (Defendant)
DocketCivil Case Cover Sheet; Filed by: Natasha Torres (Plaintiff); David Mujica (Plaintiff); As to: Vicky khong (Defendant)
DocketSummons on Complaint; Issued and Filed by: Natasha Torres (Plaintiff); David Mujica (Plaintiff); As to: Vicky khong (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC06203 Hearing Date: February 13, 2020 Dept: 26
Torres, et al. v. Khong, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendant Vicky Khong’s (1) Motion For Order Compelling Plaintiff Natasha Torres To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff Natasha Torres To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff Natasha Torres to Respond to Request for Production of Documents; Request For Sanctions; (4) Motion For Order Compelling Plaintiff David Mujica To Respond to Form Interrogatories; Request for Sanctions; (5) Motion For Order Compelling Plaintiff David Mujica To Respond to Special Interrogatories; Request for Sanctions; and (6) Motion For Order Compelling Plaintiff David Mujica to Respond to Request for Production of Documents; Request For Sanctions are GRANTED.
PLAINTIFFS ARE ORDERED TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE REQUEST FOR SANCTIONS IS ALSO GRANTED AGAINST EACH PLAINTIFF IN THE AMOUNT OF $310.00. SANCTIONS ARE TO BE PAID TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
Plaintiffs Natasha Torres and David Mujia (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Vicky Khong (“Defendant”) on July 1, 2019. On November 26, 2019, Defendant filed the instant discovery Motions. Plaintiffs untimely filed and served an opposition on February 6, 2020.
On August 20, 2019, Defendant served Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on each Plaintiff by mail. (Motions, Bremont Decl., ¶2 and Exh. A.) As of the date the Motion was filed, Defendant had not received any verified responses to the propounded discovery requests from Plaintiffs. (Id. at ¶¶3-8.) In their opposition, Plaintiffs contend they served full responses, without objection, on December 6, 2019. (Opp., Perez Decl., p. 1:23-25.) When it appeared that Defendant did not receive the responses to the request for production, Plaintiff provided a copy of the responses on January 27, 2020. (Id. at pp. 1:25-2:4.)
Plaintiffs offer no explanation for the untimely filing and service of the opposition. The opposition was also improperly served by regular mail, in violation of Code of Civil Procedure section 1005, subdivision (c). Defendant, therefore, has not had time to respond to the claims made in the opposition and the Court will make no finding regarding the adequacy of the responses to the request for production.
Accordingly, Defendant is entitled to an order that Plaintiffs serve verified responses without objection to the written discovery propounded by Defendant on August 20, 2019. The Court also finds that Plaintiffs’ failure to respond is 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. However, the amount sought is excessive given the simplicity of these nearly identical motions. Sanctions are awarded against each Plaintiff in the amount of $310.00. (Motions, Bremont Decl., ¶9.)
Therefore, Defendant Vicky Khong’s (1) Motion For Order Compelling Plaintiff Natasha Torres To Respond to Form Interrogatories; Request for Sanctions; (2) Motion For Order Compelling Plaintiff Natasha Torres To Respond to Special Interrogatories; Request for Sanctions; and (3) Motion For Order Compelling Plaintiff Natasha Torres to Respond to Request for Production of Documents; Request For Sanctions; (4) Motion For Order Compelling Plaintiff David Mujica To Respond to Form Interrogatories; Request for Sanctions; (5) Motion For Order Compelling Plaintiff David Mujica To Respond to Special Interrogatories; Request for Sanctions; and (6) Motion For Order Compelling Plaintiff David Mujica to Respond to Request for Production of Documents; Request For Sanctions are GRANTED.
PLAINTIFFS ARE ORDERED TO SERVE VERIFIED RESPONSES WITHOUT OBJECTIONS TO THE INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE REQUEST FOR SANCTIONS IS ALSO GRANTED AGAINST EACH PLAINTIFF IN THE AMOUNT OF $310.00. SANCTIONS ARE TO BE PAID TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.