This case was last updated from Los Angeles County Superior Courts on 06/20/2021 at 04:05:27 (UTC).

PAULA JACKSON VS CARL WARREN & COMPANY CLAIMS MANAGEMENT & SOLUTIONS

Case Summary

On 06/15/2018 PAULA JACKSON filed a Personal Injury - Other Personal Injury lawsuit against CARL WARREN COMPANY CLAIMS MANAGEMENT SOLUTIONS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8565

  • Filing Date:

    06/15/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

JACKSON PAULA

Los Angeles, CA 90007

Defendant

CARL WARREN & COMPANY CLAIMS MANAGEMENT & SOLUTIONS

Not Classified By Court

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

Attorney/Law Firm Details

Not Classified By Court Attorney

CITRON JOEL F.

 

Court Documents

Summons - Summons on Complaint

1/7/2020: Summons - Summons on Complaint

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

1/28/2020: Proof of Personal Service - Proof of Personal Service by Sheriff's Department

Proof of Personal Service - Proof of Personal Service

1/28/2020: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Court Order)

4/23/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/23/2020

4/23/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/23/2020

Motion to Quash - Motion to Quash

7/30/2020: Motion to Quash - Motion to Quash

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

7/30/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Reply (name extension) - Reply No Opposition to Demurrer

2/10/2021: Reply (name extension) - Reply No Opposition to Demurrer

Reply (name extension) - Reply No Opposition to Motion to Quahs

2/10/2021: Reply (name extension) - Reply No Opposition to Motion to Quahs

Minute Order - Minute Order (Hearing on Motion to Quash Summons and Complaint; Hearing on ...)

2/18/2021: Minute Order - Minute Order (Hearing on Motion to Quash Summons and Complaint; Hearing on ...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Summons and Complaint; Hearing on ...) of 02/18/2021

2/18/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Summons and Complaint; Hearing on ...) of 02/18/2021

Notice (name extension) - Notice of Court Ruling

2/25/2021: Notice (name extension) - Notice of Court Ruling

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/13/2019

12/13/2019: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/13/2019

Civil Case Cover Sheet

6/15/2018: Civil Case Cover Sheet

Complaint

6/15/2018: Complaint

Order on Court Fee Waiver (Superior Court)

6/15/2018: Order on Court Fee Waiver (Superior Court)

Notice of Case Assignment - Limited Civil Case

6/15/2018: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 03/08/2021
  • DocketNon-Jury Trial scheduled for 03/25/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/08/2021

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  • 02/25/2021
  • DocketNotice of Court Ruling; Filed by: Los Angeles County Metropolitan Transportation Authority (Non-Party); As to: Paula Jackson (Plaintiff)

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  • 02/18/2021
  • DocketUpdated -- Motion to Quash: Filed By: Los Angeles County Metropolitan Transportation Authority (Non-Party),Carl Warren & Company Claims Management & Solutions (Defendant); Result: Granted; Result Date: 02/18/2021

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  • 02/18/2021
  • DocketUpdated -- Demurrer - without Motion to Strike: Filed By: Los Angeles County Metropolitan Transportation Authority (Non-Party),Carl Warren & Company Claims Management & Solutions (Defendant); Result: Sustained; Result Date: 02/18/2021

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  • 02/18/2021
  • DocketOn the Complaint filed by Paula Jackson on 06/15/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 02/18/2021
  • DocketMinute Order (Hearing on Motion to Quash Summons and Complaint; Hearing on ...)

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  • 02/18/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Quash Summons and Complaint; Hearing on ...) of 02/18/2021; Filed by: Clerk

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  • 02/18/2021
  • DocketHearing on Motion to Quash Summons and Complaint scheduled for 02/18/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/18/2021; Result Type to Held - Motion Granted

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  • 02/18/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 02/18/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/18/2021; Result Type to Held

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  • 02/10/2021
  • DocketReply No Opposition to Demurrer; Filed by: Carl Warren & Company Claims Management & Solutions (Defendant)

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17 More Docket Entries
  • 12/13/2019
  • DocketNon-Jury Trial scheduled for 12/13/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/13/2019; Result Type to Held

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  • 06/15/2018
  • DocketComplaint; Filed by: Paula Jackson (Plaintiff); As to: Carl Warren & Company Claims Management & Solutions (Defendant)

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  • 06/15/2018
  • DocketRequest to Waive Court Fees; Filed by: Paula Jackson (Plaintiff)

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  • 06/15/2018
  • DocketCivil Case Cover Sheet; Filed by: Paula Jackson (Plaintiff)

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  • 06/15/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/15/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Paula Jackson (Plaintiff)

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  • 06/15/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

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  • 06/15/2018
  • DocketNon-Jury Trial scheduled for 12/13/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/15/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/15/2018
  • DocketUpdated -- Request to Waive Court Fees: Result: Granted; Result Date: 06/15/2018

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Tentative Rulings

Case Number: 18STLC08565    Hearing Date: February 18, 2021    Dept: 26


Case Number: 19STLC03129    Hearing Date: February 18, 2021    Dept: 26

Munoz-Castro, et al. v. Reyes, et al.

MOTION TO COMPEL DEPOSITION AND REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendants Corporation of the President of The Church of Jesus Christ of Latter-day Saints and Cole Benjamin Myers’ (1) Motion to Compel Plaintiff Rosa Maria Munoz-Castro’s Attendance at Deposition and Request for Sanctions; (2) Motion to Compel Plaintiff Hector Manuel Munoz’s Attendance at Deposition and Request for Sanctions; and (3) Motion to Compel Plaintiff Paola Abigail Cardona’s Attendance at Deposition and Request for Sanctions are GRANTED.

PLAINTIFFS ARE ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. EACH PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $627.45 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiffs Rosa Maria Munoz-Castro and Paola Abigail Cardona (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Cole Benjamin Myers (“Defendant Myers”) and Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (“Defendant Church”) on April 2, 2019.

Defendants filed the instant Motions to Compel Plaintiffs’ Attendance at Deposition and Request for Sanctions (“the Motions”) on July 30, 2020. On February 10, 2021, Plaintiffs’ counsel filed a declaration in opposition to the Motions.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

The motion is accompanied by a declaration demonstrating that defense counsel continually meet and conferred with Plaintiff’s counsel regarding dates on which Plaintiff would be available for deposition. (Motions, Kaufman Decl., ¶¶2-7 and Exhs. A-E.) Despite these efforts, Plaintiffs failed to appear for two properly noticed deposition dates. (Ibid.) Although the declaration does not specifically state “that the petitioner has contacted the deponent to inquire about the nonappearance” following Plaintiffs’ failure to appear for the July 2, 2020 depositions, the attorneys for the parties did communicate frequently about the deposition dates. At the last meet and confer, defense counsel explained that Defendants would move to compel the depositions if Plaintiffs did not appear. (Id. at Exh. E.) Now, on the eve of this hearing, Plaintiffs’ counsel filed a declaration affirming she has lost contact with Plaintiffs and can make no substantive opposition to the Motions. (Sklar Decl., filed 2/10/21.)

Based on Plaintiffs’ failure to cooperate in the taking of their depositions, Defendants are entitled to an order compelling their appearance and an award of sanctions. However, the sanctions sought are excessive under a lodestar calculation. Each request for sanctions is granted in the amount of $627.45 based on one hour of attorney time billed at $250.00, plus $317.25 in court reporter fees and $60.00 in costs. (Motions, Kaufman Decl., ¶10.)

Conclusion

Defendants Corporation of the President of The Church of Jesus Christ of Latter-day Saints and Cole Benjamin Myers’ (1) Motion to Compel Plaintiff Rosa Maria Munoz-Castro’s Attendance at Deposition and Request for Sanctions; (2) Motion to Compel Plaintiff Hector Manuel Munoz’s Attendance at Deposition and Request for Sanctions; and (3) Motion to Compel Plaintiff Paola Abigail Cardona’s Attendance at Deposition and Request for Sanctions are GRANTED.

PLAINTIFFS ARE ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME DETERMINED BY DEFENSE COUNSEL, WITHIN 20 DAYS’ SERVICE OF THIS ORDER. EACH PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $627.45 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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