This case was last updated from Los Angeles County Superior Courts on 09/11/2021 at 00:27:50 (UTC).

OMANA ALEJANDRO VS RUBEN GUERRA

Case Summary

On 06/05/2019 OMANA ALEJANDRO filed a Contract - Other Contract lawsuit against RUBEN GUERRA. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5457

  • Filing Date:

    06/05/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ALEJANDRO OMANA

Defendant

GUERRA RUBEN

Attorney/Law Firm Details

Defendant Attorney

LARA ROBERTO

 

Court Documents

Notice (name extension) - Notice OF TRIAL CONTINUANCE AND RULING ON MOTIONS TO COMPEL

2/24/2021: Notice (name extension) - Notice OF TRIAL CONTINUANCE AND RULING ON MOTIONS TO COMPEL

Notice (name extension) - Notice OF RULING ON MOTION TO COMPEL PRODUCTION AND SANCTIONS

2/24/2021: Notice (name extension) - Notice OF RULING ON MOTION TO COMPEL PRODUCTION AND SANCTIONS

Ex Parte Application (name extension) - Ex Parte Application to Continue Trial Date

8/12/2021: Ex Parte Application (name extension) - Ex Parte Application to Continue Trial Date

Notice of Entry of Dismissal and Proof of Service - Notice of Entry of Dismissal and Proof of Service

9/9/2021: Notice of Entry of Dismissal and Proof of Service - Notice of Entry of Dismissal and Proof of Service

Minute Order - Minute Order (Non-Jury Trial)

9/9/2021: Minute Order - Minute Order (Non-Jury Trial)

Reply (name extension) - Reply OF DEFENDANT RE MOTION TO COMPEL RESPONSE TO REQUEST FOR DOCUMENTS AND FOR SANCTIONS

2/11/2021: Reply (name extension) - Reply OF DEFENDANT RE MOTION TO COMPEL RESPONSE TO REQUEST FOR DOCUMENTS AND FOR SANCTIONS

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

2/23/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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

8/25/2020: 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

8/25/2020: 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

8/25/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Ex Parte Application (name extension) - Ex Parte Application TO SET HEARING DATE FOR MOTIONS TO COMPEL

9/15/2020: Ex Parte Application (name extension) - Ex Parte Application TO SET HEARING DATE FOR MOTIONS TO COMPEL

Minute Order - Minute Order (Hearing on Ex Parte Application TO SET HEARING DATE FOR MOTIO...)

9/18/2020: Minute Order - Minute Order (Hearing on Ex Parte Application TO SET HEARING DATE FOR MOTIO...)

Answer - Answer

12/23/2019: Answer - Answer

Complaint - Complaint

6/5/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

6/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/5/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/5/2019: First Amended Standing Order - First Amended Standing Order

11 More Documents Available

 

Docket Entries

  • 09/09/2021
  • DocketNotice of Entry of Dismissal and Proof of Service; Filed by: RUBEN GUERRA (Defendant)

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  • 09/09/2021
  • DocketOn the Complaint filed by OMANA ALEJANDRO on 06/05/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 09/09/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 09/09/2021
  • DocketNon-Jury Trial scheduled for 09/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/09/2021; Result Type to Held

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  • 09/08/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/08/2021

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  • 08/13/2021
  • DocketUpdated -- Ex Parte Application to Continue Trial Date: Filed By: RUBEN GUERRA (Defendant); Result: Denied; Result Date: 08/13/2021

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  • 08/13/2021
  • DocketMinute Order (Hearing on Ex Parte Application to Continue Trial Date)

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  • 08/13/2021
  • DocketHearing on Ex Parte Application to Continue Trial Date scheduled for 08/13/2021 at 01:30 PM in Spring Street Courthouse at Department 25 updated: Result Date to 08/13/2021; Result Type to Held - Motion Denied

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  • 08/12/2021
  • DocketEx Parte Application to Continue Trial Date; Filed by: RUBEN GUERRA (Defendant); As to: RUBEN GUERRA (Defendant)

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  • 08/12/2021
  • DocketHearing on Ex Parte Application to Continue Trial Date scheduled for 08/13/2021 at 01:30 PM in Spring Street Courthouse at Department 25

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26 More Docket Entries
  • 12/23/2019
  • DocketAnswer; Filed by: RUBEN GUERRA (Defendant)

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  • 06/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/07/2019
  • DocketNon-Jury Trial scheduled for 12/02/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/07/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/05/2019
  • DocketSummons on Complaint; Issued and Filed by: OMANA ALEJANDRO (Plaintiff); As to: RUBEN GUERRA (Defendant)

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  • 06/05/2019
  • DocketCivil Case Cover Sheet; Filed by: OMANA ALEJANDRO (Plaintiff); As to: RUBEN GUERRA (Defendant)

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  • 06/05/2019
  • DocketCivil Case Cover Sheet; Filed by: OMANA ALEJANDRO (Plaintiff); As to: RUBEN GUERRA (Defendant)

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  • 06/05/2019
  • DocketComplaint; Filed by: OMANA ALEJANDRO (Plaintiff); As to: RUBEN GUERRA (Defendant)

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Tentative Rulings

Case Number: 19STLC05457    Hearing Date: February 22, 2021    Dept: 25

HEARING DATE: Mon., February 22, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Alejandro v. Guerra COMPL. FILED: 06-05-19

CASE NUMBER: 19STLC05457 DISC. C/O: 04-27-21

NOTICE: OK DISC. MOT. C/O: 05-12-21

TRIAL DATE: 05-27-21

PROCEEDINGS: (1 & 2) MOTION OF DEFENDANT RUBEN GUERRA FOR ORDER COMPELLING PLAINTIFF ALEJANDRO OMANA TO RESPOND TO FORM INTERROGATORIES AND SPECIAL INTERROGATORIES AND REQUEST FOR SANCTIONS

MOVING PARTY: Defendant Ruben Guerra

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendant Ruben Guerra’s Motions for Order Compelling Plaintiff to Respond to Form Interrogatories and Special Interrogatories are DENIED.

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 February 17, 2021 [ ] Late [X] None

REPLY: None filed as of February 17, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 5, 2019, self-represented Plaintiff Alejandro Omana dba Engraved Graphics (“Plaintiff”) filed an action for breach of contract, common counts, and fraud against Defendants Ruben Guerra (“Guerra”) and Energy Solutions by R.G., LLC (“Energy Solutions”). Defendant Guerra filed an Answer on December 23, 2019.

On August 25, 2020, Defendant Guerra filed the instant (1) Motion for Order Compelling Plaintiff to Respond to First Set of Form Interrogatories and (2) Motion for Order Compelling Plaintiff to Respond to First Set of Set of Special Interrogatories (collectively, the “Motions”). To date, no oppositions have been filed.

  1. Legal Standard & Discussion

A. Form & Special Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories 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).) 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).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendant Guerra’s counsel served Plaintiff with Form Interrogatories, Set One, and Special Interrogatories, Set One, on June 1, 2020 via regular mail. (Motions, Lara Decl., ¶¶ 3, Exhs. A.) Having reviewed the propounded discovery, the Court finds it exceeds what is permitted in limited civil actions. Specifically, Code of Civil Procedure section 94 provides that a propounding party may serve any combination of 35 interrogatories, demands to produce documents, and requests for admission. (Code Civ. Proc., subd. (a)(1)-(3).) Here, Defendant Guerra propounded a total of 57 interrogatories. (Motions, Lara Decl., ¶¶ 3, Exhs. A.) Because Defendant Guerra has not complied with the discovery limits imposed by Section 94, the Motions are DENIED.

  1. Conclusion & Order

For the foregoing reasons, Defendant Ruben Guerra’s Motions for Order Compelling Plaintiff to Respond to Form Interrogatories and Special Interrogatories are DENIED.

Moving party is ordered to give notice.

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