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 Other.
*******6203
07/01/2019
Other
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
MUJICA DAVID
TORRES NATASHA
KHONG VICKY
PEREZ RAYMOND
MIHAI RACHEL A.
10/19/2020: Notice of Settlement - Notice of Settlement
10/19/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
11/16/2020: Stipulation and Order (name extension) - Stipulation and Order [PROPOSED] FOR COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT UNDER CODE OF CIVIL PROCEDURE SECTION 664.6
11/20/2020: Request for Dismissal - Request for Dismissal
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
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: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/14/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 11/23/2020
DocketOn the Complaint filed by Natasha Torres, et al. on 07/01/2019, entered Request for Dismissal with prejudice filed by David Mujica and Natasha Torres as to the entire action
DocketAddress for Raymond Perez (Attorney) null
DocketUpdated -- Stipulation and Order FOR COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT UNDER CODE OF CIVIL PROCEDURE SECTION 664.6: Status Date changed from 11/16/2020 to 11/16/2020; Filed By: Vicky khong (Defendant); Result: Denied; Name Extension changed from [PROPOSED] FOR COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT UNDER CODE OF CIVIL PROCEDURE SECTION 664.6 to FOR COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT UNDER CODE OF CIVIL PROCEDURE SECTION 664.6; Result Date: 11/16/2020; As To Parties changed from David Mujica (Plaintiff), Natasha Torres (Plaintiff) to David Mujica (Plaintiff), Natasha Torres (Plaintiff)
DocketStipulation and Order [PROPOSED] FOR COURT TO RETAIN JURISDICTION TO ENFORCE SETTLEMENT UNDER CODE OF CIVIL PROCEDURE SECTION 664.6; Filed by: Vicky khong (Defendant); As to: Natasha Torres (Plaintiff); David Mujica (Plaintiff)
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/14/2021 at 09:30 AM in Spring Street Courthouse at Department 26
DocketNotice of Settlement; Filed by: Vicky khong (Defendant); Vacate Future Dates: Yes; Settlement Type: Unconditional; OSC re: Dismissal Date: 09/14/2021; OSC re: Dismissal Time: 09:30; Set Hearing and Generate Notice?: Yes
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/14/2021 at 09:30 AM in Spring Street Courthouse at Department 26
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/19/2020
DocketAnswer; Filed by: Vicky khong (Defendant)
DocketNotice of Posting of Jury Fees; Filed by: Vicky khong (Defendant)
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
DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and 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)
DocketComplaint; Filed by: Natasha Torres (Plaintiff); David Mujica (Plaintiff); As to: Vicky khong (Defendant)
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.