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This case was last updated from Los Angeles County Superior Courts on 02/24/2021 at 09:33:45 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5457

  • Filing Date:

    06/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • 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

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

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

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

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

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

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

2/22/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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

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

6/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 06/08/2022
  • Hearing06/08/2022 at 10:30 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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  • 09/09/2021
  • Hearing09/09/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/23/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))

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  • 02/23/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/23/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/23/2021; Result Type to Held - Motion Granted

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  • 02/22/2021
  • DocketNon-Jury Trial scheduled for 09/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/22/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 02/22/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/22/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/22/2021; Result Type to Held - Motion Denied

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  • 02/22/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 02/22/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/22/2021; Result Type to Held - Motion Denied

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  • 02/22/2021
  • DocketPursuant to the request of defendant, Non-Jury Trial scheduled for 05/27/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 09/09/2021 08:30 AM

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  • 02/11/2021
  • DocketReply OF DEFENDANT RE MOTION TO COMPEL RESPONSE TO FORM INTERROGATORIES AND FOR SANCTIONS; Filed by: RUBEN GUERRA (Defendant)

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16 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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