This case was last updated from Los Angeles County Superior Courts on 05/15/2021 at 01:07:54 (UTC).

NICOLE JACKSON VS SLOAN'S DRY CLEANERS

Case Summary

On 11/14/2019 NICOLE JACKSON filed a Contract - Other Contract lawsuit against SLOAN'S DRY CLEANERS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0512

  • Filing Date:

    11/14/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

JACKSON NICOLE

Defendant

SLOAN'S DRY CLEANERS

Attorney/Law Firm Details

Plaintiff and Defendant Attorney

GUTIERREZ LONGORIA ARTHUR

 

Court Documents

Ex Parte Application (name extension) - Ex Parte Application for Trial Continuance

4/13/2021: Ex Parte Application (name extension) - Ex Parte Application for Trial Continuance

Ex Parte Application (name extension) - Ex Parte Application for Trial Continuance

4/15/2021: Ex Parte Application (name extension) - Ex Parte Application for Trial Continuance

Declaration (name extension) - Declaration OF AGL IN OPPOSITION TO EX PARTE MOTION TO CONTINUE TRIAL DATE

4/16/2021: Declaration (name extension) - Declaration OF AGL IN OPPOSITION TO EX PARTE MOTION TO CONTINUE TRIAL DATE

Ex Parte Application (name extension) - Ex Parte Application Ruling

4/16/2021: Ex Parte Application (name extension) - Ex Parte Application Ruling

Minute Order - Minute Order (Hearing on Ex Parte Application for Trial Continuance)

4/16/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for Trial Continuance)

Witness List - Witness List

5/4/2021: Witness List - Witness List

Declaration (name extension) - Declaration For Order Shortening Time To Hear Motion For Trial Continuance

5/11/2021: Declaration (name extension) - Declaration For Order Shortening Time To Hear Motion For Trial Continuance

Declaration (name extension) - Declaration OF AGL IN OPPOSITION TO EX PARTE MOTION FOR ORDER SHORTING TIME

5/11/2021: Declaration (name extension) - Declaration OF AGL IN OPPOSITION TO EX PARTE MOTION FOR ORDER SHORTING TIME

Minute Order - Minute Order (Hearing on Ex Parte Application For Order Shortening Time To ...)

5/12/2021: Minute Order - Minute Order (Hearing on Ex Parte Application For Order Shortening Time To ...)

Proof of Service by Mail - Proof of Service by Mail

5/12/2021: Proof of Service by Mail - Proof of Service by Mail

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application For Order Shortening Time To ...) of 05/12/2021

5/12/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application For Order Shortening Time To ...) of 05/12/2021

Opposition (name extension) - Opposition DECLARATION OF AGL IN OPPOSITION TO MOTION TO COMPEL FURTHER DISCOVERY

8/31/2020: Opposition (name extension) - Opposition DECLARATION OF AGL IN OPPOSITION TO MOTION TO COMPEL FURTHER DISCOVERY

Declaration (name extension) - Declaration Amended Declaration Motion to Compel

7/20/2020: Declaration (name extension) - Declaration Amended Declaration Motion to Compel

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration in support of motion

3/30/2020: Declaration (name extension) - Declaration in support of motion

Proof of Personal Service - Proof of Personal Service by Sheriff's Department

12/18/2019: Proof of Personal Service - Proof of Personal Service by Sheriff's Department

Answer - Answer

12/27/2019: Answer - Answer

Complaint - Complaint

11/14/2019: Complaint - Complaint

29 More Documents Available

 

Docket Entries

  • 05/13/2021
  • DocketNon-Jury Trial scheduled for 05/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/13/2021

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  • 05/13/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 05/20/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/13/2021

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  • 05/13/2021
  • DocketHearing on Motion to Continue Trial scheduled for 06/02/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 05/13/2021

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  • 05/12/2021
  • DocketUpdated -- Ex Parte Application For Order Shortening Time To Hear Motion For Trial Continuance: Filed By: Nicole Jackson (Plaintiff); Result: Denied; Result Date: 05/12/2021

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  • 05/12/2021
  • DocketProof of Service by Mail; Filed by: Nicole Jackson (Plaintiff); As to: Sloan's Dry Cleaners (Defendant)

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  • 05/12/2021
  • DocketOn the Complaint filed by Nicole Jackson on 11/14/2019, entered Request for Dismissal without prejudice filed by Nicole Jackson as to the entire action

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  • 05/12/2021
  • DocketHearing on Ex Parte Application For Order Shortening Time To Hear Motion For Trial Continuance scheduled for 05/12/2021 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 05/12/2021; Result Type to Held

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  • 05/12/2021
  • DocketMinute Order (Hearing on Ex Parte Application For Order Shortening Time To ...)

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  • 05/12/2021
  • DocketCertificate of Mailing for (Hearing on Ex Parte Application For Order Shortening Time To ...) of 05/12/2021; Filed by: Clerk

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  • 05/11/2021
  • DocketHearing on Ex Parte Application For Order Shortening Time To Hear Motion For Trial Continuance scheduled for 05/12/2021 at 01:30 PM in Spring Street Courthouse at Department 26

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51 More Docket Entries
  • 11/14/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/14/2019
  • DocketComplaint; Filed by: Nicole Jackson (Plaintiff); As to: Sloan's Dry Cleaners (Defendant)

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  • 11/14/2019
  • DocketNon-Jury Trial scheduled for 05/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/14/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 11/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/14/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Nicole Jackson (Plaintiff)

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  • 11/14/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Nicole Jackson (Plaintiff)

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  • 11/14/2019
  • DocketRequest to Waive Court Fees; Filed by: Nicole Jackson (Plaintiff)

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Tentative Rulings

Case Number: 19STLC10512    Hearing Date: September 14, 2020    Dept: 26

MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES

(CCP § 2030.300)

TENTATIVE RULING:

ANALYSIS:

Notice of the motion to compel further must be given “within 45 days of service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c).) Here, Defendant’s initial verified responses were served by mail on February 24, 2020. (Motion, Jackson Decl., Exhs. A-B.) The notice of motion and motion to compel further were timely served on March 25, 2020. (Motion, POS.)

The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).) Plaintiff filed two declarations in support of the instant Motion with slightly differing dates regarding communication with defense counsel. (Motion, Jackson Decl., filed 3/30/20; Amended Jackson Decl., filed 7/20/20.) Even taking the amended declaration as credible, despite the lack of explanation for the changed dates, Plaintiff has not shown a good faith attempt to meet and confer regarding the issues raised by this Motion. Plaintiff declares that she called Defendant on March 20, 2020 but did not receive a response, and she sent a meet and confer letter by email and mail on March 23, 2020. (Motion, Amended Jackson Decl., ¶¶4-5 and Exh. C.) The instant Motion was filed on March 25, 2020, giving Defendant only days to respond before it was filed. This fails to show that Plaintiff truly sought an informal resolution of this discovery dispute prior to the filing of the Motion. This is further demonstrated by the demand in the meet and confer letter that further responses must be served in order for the Motion to be withdrawn. (Ibid.) Plaintiff could have waited until an additional two weeks before filing the Motion in order to comply with the 45-day deadline, yet chose to rush to Court without giving defense counsel a reasonable opportunity to respond.

An additional procedural failing of the Motion is that Cal. Rules of Court Rule 3.1345 requires all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a).) The Motion is not accompanied by a separate statement as mandated by the Rules of Court. Without a separate statement, the Court cannot discern the complete language of the interrogatory at issue or of the purportedly inadequate response.

Finally, the Court notes that Defendant has served supplemental responses to the Special Interrogatory in question on August 29, 2020, which make the instant Motion moot. (Supp. Responses, filed 8/29/20.)

Conclusion

Based on the foregoing, Plaintiff Nicole Jackson’s Motion to Compel Further Responses to First Set of Special Interrogatories is DENIED.  

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