This case was last updated from Los Angeles County Superior Courts on 11/12/2020 at 11:15:58 (UTC).

PEDRO GORDILLO TALE, ET AL. VS LINDSAY B. MINNICH

Case Summary

On 01/14/2020 PEDRO GORDILLO TALE filed a Personal Injury - Motor Vehicle lawsuit against LINDSAY B MINNICH. 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:

    *******0376

  • Filing Date:

    01/14/2020

  • 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

Plaintiffs

TALE MILLIE

TALE PEDRO GORDILLO

TALE NAYMAR

TALE MIRIAM

Defendant

MINNICH LINDSAY B.

Attorney/Law Firm Details

Plaintiff and Defendant Attorneys

AHN PAUL S.

BILBREW LARRY PRESTON

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Compel PLAINTIFF MILLIE TALES VERIFIED ...)

10/20/2020: Minute Order - Minute Order (Hearing on Motion to Compel PLAINTIFF MILLIE TALES VERIFIED ...)

Notice (name extension) - Notice of Continuance of Hearing Date on Defendant's Discovery Motions

10/7/2020: Notice (name extension) - Notice of Continuance of Hearing Date on Defendant's Discovery Motions

Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

9/30/2020: Minute Order - Minute Order (Court Order Re: Continuance of Hearings)

Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF PEDRO GORDILLO TALES VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY

7/7/2020: Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF PEDRO GORDILLO TALES VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY

Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF MIRIAM TALES VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTION

7/7/2020: Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF MIRIAM TALES VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTION

Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF NAYMAR TALES VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTION

7/7/2020: Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF NAYMAR TALES VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTION

Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF MIRIAM TALES VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR AN ORD

7/7/2020: Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF MIRIAM TALES VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR AN ORD

Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF MILLIE TALES VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR AN ORD

7/7/2020: Motion for Order (name extension) - Motion for Order MOTION FOR ORDER COMPELLING PLAINTIFF MILLIE TALES VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR AN ORD

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motions to Compel) of 07/10/2020

7/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motions to Compel) of 07/10/2020

Minute Order - Minute Order (Court Order Re: Motions to Compel)

7/10/2020: Minute Order - Minute Order (Court Order Re: Motions to Compel)

Motion for Order (name extension) - Motion for Order NOTICE OF HEARING DATE AND TIME ON DEFENDANTS MOTIONS FOR: (1) ORDERS COMPELLING PLAINTIFFS PEDRO GORDILLO TALE, MIRIAM TALE, MILLIE TALE, AND NAY

7/20/2020: Motion for Order (name extension) - Motion for Order NOTICE OF HEARING DATE AND TIME ON DEFENDANTS MOTIONS FOR: (1) ORDERS COMPELLING PLAINTIFFS PEDRO GORDILLO TALE, MIRIAM TALE, MILLIE TALE, AND NAY

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

4/6/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

3/23/2020: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

1/14/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

1/14/2020: Summons - Summons on Complaint

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

1/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

1/14/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

1/14/2020: First Amended Standing Order - First Amended Standing Order

11 More Documents Available

 

Docket Entries

  • 01/17/2023
  • Hearing01/17/2023 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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  • 07/13/2021
  • Hearing07/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/21/2020
  • DocketNotice of Ruling; Filed by: Lindsay B. Minnich (Defendant)

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  • 10/20/2020
  • DocketMinute Order (Hearing on Motion to Compel PLAINTIFF MILLIE TALE?S VERIFIED ...)

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  • 10/20/2020
  • DocketHearing on Motion to Compel PLAINTIFF MILLIE TALE?S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTIONS scheduled for 10/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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  • 10/20/2020
  • DocketHearing on Motion to Compel PLAINTIFF MILLIE TALE?S VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTIONS scheduled for 10/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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  • 10/20/2020
  • DocketHearing on Motion to Compel PLAINTIFF MIRIAM TALE?S VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTIONS scheduled for 10/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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  • 10/20/2020
  • DocketHearing on Motion to Compel PLAINTIFF MIRIAM TALE?S VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTIONS scheduled for 10/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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  • 10/20/2020
  • DocketHearing on Motion to Compel PLAINTIFF NAYMAR TALE?S VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTIONS scheduled for 10/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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  • 10/20/2020
  • DocketHearing on Motion to Compel PLAINTIFF PEDRO GORDILLO TALE?S VERIFIED RESPONSES TO FORM INTERROGATORIES, SET ONE AND FOR AN ORDER IMPOSING MONETARY SANCTIONS scheduled for 10/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/20/2020; Result Type to Held

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42 More Docket Entries
  • 04/06/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Lindsay B. Minnich (Defendant)

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  • 03/23/2020
  • DocketAnswer; Filed by: Lindsay B. Minnich (Defendant); As to: Pedro Gordillo Tale (Plaintiff); Miriam Tale (Plaintiff); Millie Tale (Plaintiff) et al.

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  • 01/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/14/2020
  • DocketNon-Jury Trial scheduled for 07/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/14/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/14/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/14/2020
  • DocketSummons on Complaint; Issued and Filed by: Pedro Gordillo Tale (Plaintiff); Miriam Tale (Plaintiff); Millie Tale (Plaintiff); Naymar Tale (Plaintiff); As to: Lindsay B. Minnich (Defendant)

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  • 01/14/2020
  • DocketCivil Case Cover Sheet; Filed by: Pedro Gordillo Tale (Plaintiff); Miriam Tale (Plaintiff); Millie Tale (Plaintiff); Naymar Tale (Plaintiff); As to: Lindsay B. Minnich (Defendant)

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  • 01/14/2020
  • DocketComplaint; Filed by: Pedro Gordillo Tale (Plaintiff); Miriam Tale (Plaintiff); Millie Tale (Plaintiff); Naymar Tale (Plaintiff); As to: Lindsay B. Minnich (Defendant)

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  • 01/14/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 20STLC00376    Hearing Date: October 20, 2020    Dept: 25

HEARING DATE: Tue., October 20, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Tale, et al. v. Minnich COMPL. FILED: 01-14-20

CASE NUMBER: 20STLC00376 DISC. C/O: 06-13-21

NOTICE: OK DISC. MOT. C/O: 06-28-21

TRIAL DATE: 07-13-21

PROCEEDINGS: (1-8) MOTION FOR ORDER COMPELLING PLAINTIFFS’ VERIFIED RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE, AND FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS

MOVING PARTY: Defendant Lindsay B. Minnich

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 Lindsay B. Minnich’s Discovery Motions are GRANTED. Plaintiffs are ordered to serve responses without objections 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 $1,005.25 to be paid within thirty (30) days of notice 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 October 16, 2020 [ ] Late [X] None

REPLY: None filed as of October 16, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 14, 2020, Plaintiffs Pedro Gordillo Tale (“Pedro”), Miriam Tale (“Miriam”), Millie Tale (“Minnie”), and Naymar Tale (“Naymar”) (collectively, “Plaintiffs”) filed an action for motor vehicle negligence and general negligence against Defendant Lindsay B. Minnich (“Defendant”). On March 23, 2020, Defendant filed an Answer.

On July 7, 2020, Defendant filed the instant (1) Motion for Order Compelling Plaintiff Pedro Gordillo Tale’s Verified Responses to Demand for Inspection and Production of Documents, Set One, and for Monetary Sanctions; (2) Motion for Order Compelling Plaintiff Naymar Tale’s Verified Responses to Form Interrogatories, Set One, and for Monetary Sanctions; (3) Motion for Order Compelling Plaintiff Pedro Gordillo Tale’s Verified Responses to Form Interrogatories, Set One, and for Monetary Sanctions; (4) Motion for Order Compelling Plaintiff Millie Tale’s Verified Responses to Demand for Inspection and Production of Documents, Set One, and for Monetary Sanctions; (5) Motion for Order Compelling Plaintiff Millie Tale’s Verified Responses to Form Interrogatories, Set One, and for Monetary Sanctions; (6) Motion for Order Compelling Plaintiff Miriam Tale’s Verified Responses to Form Interrogatories, Set One, and for Monetary Sanctions; (7) Motion for Order Compelling Plaintiff Miriam Tale’s Verified Responses to Demand for Production and Inspection of Documents, Set One, and for Monetary Sanctions; and (8) Motion for Order Compelling Plaintiff Naymar Tale’s Verified Responses to Demand for Production and Inspection of Documents, Set One, and for Monetary Sanctions (collectively, the “Discovery Motions”).

To date, Plaintiffs have not filed an opposition.

  1. Legal Standard & Discussion

A. Interrogatories and Request for Production

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 each Plaintiff with Request for Inspection and Production of Documents, Set One, and Form Interrogatories, Set One, via email on April 2, 2020. (Discovery Motions, Bilbrew Decl., ¶¶ 2, Exhs. A.) Although not required, Defendant’s counsel sent Plaintiffs’ counsel a letter regarding the lack of discovery responses on May 14, 2020 and May 26, 2020. (Id. at ¶¶ 3-5, Exhs. B, C.) In the May 26, 2020 letter, Defendant’s counsel unilaterally provided Plaintiffs’ counsel with an extension up to and including June 5, 2020 to provide responses. (Id.) To date, no responses have been served. (Id. at ¶¶ 6, 7.) Thus, Defendant is entitled to an order compelling each Plaintiff to provide verified responses to the discovery requests 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 Plaintiffs’ failure to respond to Defendant’s discovery requests a misuse of the discovery process.

Defendant seeks a total of $4,682.00 in sanctions based on 24 hours of attorney time billed at $143.75 per hour, eight remote appearance fees of $94.00 each, and eight filing fees of $60.00 each. (Discovery Motions, Bilbrew Decl., ¶¶ 7, 8) However, the amount sought is excessive given the simplicity of these nearly identical motions and the lack of opposition and reply. The Court finds $1,005.25, based on three hours of attorney time, one remote appearance fee, and eight filing fees, to be reasonable. Sanctions are to be paid to Defendant’s counsel within thirty (30) days of notice of this order.

  1. Conclusion & Order

For the foregoing reasons, Defendant Lindsay B. Minnich’s Discovery Motions are GRANTED. Plaintiffs are ordered to serve responses without objections 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 $1,005.25 to be paid within thirty (30) days of notice of this order.

Moving party is ordered to give notice.