This case was last updated from Los Angeles County Superior Courts on 02/03/2021 at 03:11:19 (UTC).

NICOLE JACKSON VS JORGE HERNANDEZ

Case Summary

On 03/16/2020 NICOLE JACKSON filed a Personal Injury - Motor Vehicle lawsuit against JORGE HERNANDEZ. 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:

    *******2507

  • Filing Date:

    03/16/2020

  • 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

JACKSON NICOLE

Defendant

HERNANDEZ JORGE

Attorney/Law Firm Details

Defendant Attorney

BILBREW LARRY PRESTON

 

Court Documents

Opposition (name extension) - Opposition to PLT's MTN to Quash

9/8/2020: Opposition (name extension) - Opposition to PLT's MTN to Quash

Amended Complaint - Amended Complaint

1/7/2021: Amended Complaint - Amended Complaint

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

2/1/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Proof of Service by Mail - Proof of Service by Mail

7/24/2020: Proof of Service by Mail - Proof of Service by Mail

Motion to Quash - Motion to Quash

7/24/2020: Motion to Quash - Motion to Quash

Opposition (name extension) - Opposition PLF's MTN to Quash

7/27/2020: Opposition (name extension) - Opposition PLF's MTN to Quash

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

7/30/2020: 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

7/30/2020: 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 Quash - Motion to Quash

8/10/2020: Motion to Quash - Motion to Quash

Proof of Service by Mail - Proof of Service by Mail

8/10/2020: Proof of Service by Mail - Proof of Service by Mail

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

4/20/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

4/15/2020: Answer - Answer

Summons - Summons on Complaint

3/16/2020: Summons - Summons on Complaint

Complaint - Complaint

3/16/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

3/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/16/2020: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3/16/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

6 More Documents Available

 

Docket Entries

  • 03/20/2023
  • Hearing03/20/2023 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

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  • 09/13/2021
  • Hearing09/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/10/2021
  • Hearing06/10/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Quash (name extension)

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  • 05/20/2021
  • Hearing05/20/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Quash (name extension)

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  • 02/01/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 02/01/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/01/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/01/2021; Result Type to Held - Motion Granted

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  • 02/01/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/01/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/01/2021; Result Type to Held - Motion Granted

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  • 01/28/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/01/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/12/2021
  • DocketOrder on Court Fee Waiver (Superior Court); TP by:

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  • 01/07/2021
  • DocketAmended Complaint; Filed by: Nicole Jackson (Plaintiff); As to: Jorge Hernandez (Defendant)

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18 More Docket Entries
  • 03/16/2020
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Nicole Jackson (Plaintiff)

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  • 03/16/2020
  • DocketUpdated -- Request to Waive Additional Court Fees (Superior Court): Filed By: Nicole Jackson (Plaintiff); Result: Entered; Result Date: 03/16/2020; As To Parties: removed

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  • 03/16/2020
  • DocketRequest to Waive Court Fees; Filed by: Nicole Jackson (Plaintiff)

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  • 03/16/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Nicole Jackson (Plaintiff)

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  • 03/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Nicole Jackson (Plaintiff)

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  • 03/16/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 03/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/16/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 03/16/2020
  • DocketNon-Jury Trial scheduled for 09/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC02507    Hearing Date: February 01, 2021    Dept: 25

HEARING DATE: Mon., February 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Jackson v. Hernandez COMPL. FILED: 03-16-20

CASE NUMBER: 20STLC02507 DISC. C/O: 08-14-21

NOTICE: OK DISC. MOT. C/O: 08-29-21

TRIAL DATE: 09-13-21

PROCEEDINGS: (1) MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR MONETARY SANCTIONS

(2) MOTION FOR ORDER COMPELLING RESPONSES TO FORM INTEROGATORRIES AND FOR MONETARY SANCTIONS

MOVING PARTY: Defendant Jorge Hernandez

RESP. PARTY: None

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

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendant Jorge Hernandez’s (1) Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and (2) Motion for Order Compelling Responses to Form Interrogatories are GRANTED. Plaintiff is ordered to provide responses to Defendant’s discovery requests within thirty (30) days of notice of this order. Defendant’s requests for sanctions are also GRANTED in the amount of $422.50, to be paid to Defendant’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 January 27, 2021 [ ] Late [X] None

REPLY: None filed as of January 27, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 16, 2020, Plaintiff Nicole Jackson (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Jorge Hernandez (“Defendant”). Defendant filed an Answer on April 15, 2020.

On July 30, 2020, Defendant filed the instant (1) Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and Monetary Sanctions and (2) Motion for Order Compelling Responses to Form Interrogatories and for Monetary Sanctions (collectively, the “Motions”). To date, no opposition has 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 served Plaintiff with a Demand for Inspection and Production of Documents, Set One, and Form Interrogatories, Set One, on April 20, 2020. (Motions, Bilbrew Decl., ¶¶ 2, Exhs. A.) Although not statutorily required, Defendant’s counsel sent Plaintiff letters regarding the lack of responses on June 2, 2020 and June 17, 2020. (Id. at ¶¶ 4, Exhs. B, C.) No responses were received as of the date of these Motions. (Id. at ¶¶ 5.) Thus, Defendant 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’s discovery requests a misuse of the discovery process.

Defendant’s counsel seeks a total of $1,170.50, based on six hours of attorney time billed at $143.75 per hour, two filing fees of $60.00, and two CourtCall fees of $94.00. (Motions, Bilbrew Decl., ¶ 5.) However, the amount sought is excessive given the simplicity of these nearly identical Motions and the lack of opposition and reply. The Court finds two hours of attorney time to be reasonable. Further, the Court no longer utilizes CourtCall for hearings. Instead, the Court uses LACourtConnect, which charges $15.00 for remote audio appearances. Thus, one $15.00 remote appearance fee is reasonable. In sum, the Court awards sanctions against Plaintiff in the amount of $422.50 to be paid to Defendant’s counsel within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Jorge Hernandez’s (1) Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and (2) Motion for Order Compelling Responses to Form Interrogatories are GRANTED. Plaintiff is ordered to provide responses to Defendant’s discovery requests within thirty (30) days of notice of this order. Defendant’s requests for sanctions are also GRANTED in the amount of $422.50, to be paid to Defendant’s counsel within thirty (30) days of this order.

Moving party is ordered to give notice.

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