This case was last updated from Los Angeles County Superior Courts on 08/15/2020 at 01:22:34 (UTC).

NICHOLAS KIDD VS AMB PARK ONE AT LAX, ET AL.

Case Summary

On 11/13/2019 NICHOLAS KIDD filed a Personal Injury - Motor Vehicle lawsuit against AMB PARK ONE AT LAX. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0475

  • Filing Date:

    11/13/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

KIDD NICHOLAS

Defendants

OCHOA ANGELES

AMB PARK ONE AT LAX

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorney

FRIEDENTHAL DANIEL RAY

 

Court Documents

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

8/7/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

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

8/13/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Notice of Ruling - Notice of Ruling

8/13/2020: Notice of Ruling - Notice of Ruling

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 04/24/2020

4/24/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Hearings) of 04/24/2020

Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

4/24/2020: Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

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

3/26/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

3/26/2020: 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

3/27/2020: Proof of Personal Service - Proof of Personal Service

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

1/30/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Answer - Answer

12/24/2019: Answer - Answer

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

12/10/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/13/2019: Complaint - Complaint

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

11/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

11/13/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

11/13/2019: First Amended Standing Order - First Amended Standing Order

4 More Documents Available

 

Docket Entries

  • 11/16/2022
  • Hearing11/16/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 05/12/2021
  • Hearing05/12/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 01/20/2021
  • Hearing01/20/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Deem Request for Admissions Admitted

    Read MoreRead Less
  • 08/13/2020
  • DocketNotice of Ruling; Filed by: AMB Park One at LAX (Defendant)

    Read MoreRead Less
  • 08/13/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

    Read MoreRead Less
  • 08/13/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 08/13/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/13/2020; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 08/13/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 08/13/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/13/2020; Result Type to Held - Motion Granted

    Read MoreRead Less
  • 08/10/2020
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 01/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 08/07/2020
  • DocketMotion to Deem RFA's Admitted; Filed by: AMB Park One at LAX (Defendant); As to: Nicholas Kidd (Plaintiff)

    Read MoreRead Less
  • 04/24/2020
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 08/13/2020 at 09:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
12 More Docket Entries
  • 12/24/2019
  • DocketAnswer; Filed by: AMB Park One at LAX (Defendant); As to: Nicholas Kidd (Plaintiff)

    Read MoreRead Less
  • 12/10/2019
  • DocketProof of Mailing (Substituted Service); Filed by: Nicholas Kidd (Plaintiff); As to: Angeles Ochoa (Defendant); Mailing Date: 11/27/2019; Cost Waived: No

    Read MoreRead Less
  • 11/13/2019
  • DocketNon-Jury Trial scheduled for 05/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 11/13/2019
  • DocketComplaint; Filed by: Nicholas Kidd (Plaintiff); As to: AMB Park One at LAX (Defendant); Angeles Ochoa (Defendant)

    Read MoreRead Less
  • 11/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Nicholas Kidd (Plaintiff); As to: AMB Park One at LAX (Defendant); Angeles Ochoa (Defendant)

    Read MoreRead Less
  • 11/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Nicholas Kidd (Plaintiff); As to: AMB Park One at LAX (Defendant); Angeles Ochoa (Defendant)

    Read MoreRead Less
  • 11/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 11/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 11/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC10475    Hearing Date: August 13, 2020    Dept: 25

HEARING DATE: Thu., August 13, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Kidd v. AMB Park One at LAX, LLC, et al.

CASE NUMBER: 19STLC10475 COMP. FILED: 11-13-19

NOTICE: OK DISC. C/O: 04-12-21

MOTION C/O: 04-27-21

TRIAL DATE: 05-12-21

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFF’S RESPONSE TO REQUEST FOR PRODUCTION, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

(2) MOTION TO COMPEL PLAINTIFF’S RESPONSE TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS

MOVING PARTY: Defendant AMB Park One at LAX, LLC

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant AMB Park One at LAX, LLC’s (1) Motion to Compel Plaintiff’s Response to Request for Production, Set One, and (2) Motion to Compel Plaintiff’s Response to Form Interrogatories, Set One, are GRANTED. Plaintiff is ordered to provide verified responses without objections to Defendant’s discovery within thirty (30) days of notice of this order.

Defendant’s request for sanctions is also GRANTED in the amount of $270.00 to be paid within thirty (30) days of notice 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 August 11, 2020 [ ] Late [X] None

REPLY: None filed as of August 11, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 13, 2019, Plaintiff Nicholas Kidd (“Plaintiff”) filed an action for motor vehicle negligence against Defendants AMB Park One at LAX, LLC (“AMB”) and Angeles Olga Garcia (“Garcia”). On December 24, 2019, Defendant AMB filed an Answer.

On March 26, 2020, Defendant AMB filed the instant (1) Motion to Compel Plaintiff’s Response to Request for Production, Set One, and Request for Monetary Sanctions and (2) Motion to Compel Plaintiff’s Response to Form Interrogatories, Set One, and Request for Monetary Sanctions (collectively, the “Motions”). To date, no oppositions have been filed.

  1. Legal Standard & Discussion

A. Request for Production & Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant AMB served a Request for Production of Documents, Set One, and Form Interrogatories, Set One, on Plaintiff via regular mail on January 20, 2020. (Motions, Lee Decl., ¶¶ 3, Exhs. A.) Although not statutorily required, on March 19, 2020, Defendant AMB’s counsel sent Plaintiff’s counsel an email regarding the lack of discovery responses. (Id. at ¶¶ 5, Exhs. B.) To date, Defendant AMB has not received any responses to the propounded discovery. (Id. at ¶ 6.) Thus, Defendant AMB is entitled to an order compelling Plaintiff to provide verified responses without objections. (Code Civ. Proc., §§ 2030.290, 2031.300.)

B. 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 submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiff’s failure to respond to Defendant AMB’s discovery requests a misuse of the discovery process.

Defendant AMB’s counsel requests a total of $885.00 in sanctions, which consists of five hours of attorney time billed at $150.00 per hour, two filing fees of $60.00, and one parking fee of $15.00. (Motions, Lee Decl., ¶¶ 7.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. Thus, Defendant AMB’s request is GRANTED in the amount of $270.00 based on one hour of attorney time and two filing fees. (Id.) Plaintiff is ordered to pay sanctions within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant AMB Park One at LAX, LLC’s (1) Motion to Compel Plaintiff’s Response to Request for Production, Set One, and (2) Motion to Compel Plaintiff’s Response to Form Interrogatories, Set One, are GRANTED. Plaintiff is ordered to provide verified responses without objections to Defendant’s discovery within thirty (30) days of notice of this order.

Defendant’s request for sanctions is also GRANTED in the amount of $270.00 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.