On 11/21/2018 RAMON NOCHEZ AGUILAR filed a Personal Injury - Motor Vehicle lawsuit against OK SUH KIM. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******4141
11/21/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
AGUILAR RAMON NOCHEZ
KIM OK SUH
RYU SUNG HEE
GLADKOV SERGEI
ASH PAUL V
9/14/2020: Request for Judicial Notice - Request for Judicial Notice
7/15/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 07/15/2020
7/15/2020: Notice of Ruling - Notice of Ruling
7/16/2020: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted
7/16/2020: Request for Judicial Notice - Request for Judicial Notice
1/28/2020: Motion to Compel (name extension) - Motion to Compel Notice of Motion and Motion to Compel Plaintiff Romas Nochez Aguilar to Produce Responses to Demand for Inspection & Prodcution of Documents & Thin
1/28/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
3/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
4/22/2020: Minute Order - Minute Order (Court Order)
3/14/2019: Answer - Answer
3/14/2019: Notice of Deposit - Jury - Notice of Deposit - Jury
3/14/2019: Demand for Jury Trial - Demand for Jury Trial
11/21/2018: Summons - Summons on Complaint
11/21/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
11/21/2018: Complaint - Complaint
11/21/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
11/21/2018: First Amended Standing Order - First Amended Standing Order
Hearing04/15/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial
Hearing03/24/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Terminating Sanctions
Hearing01/13/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Deem Request for Admissions Admitted
DocketMotion for Terminating Sanctions; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant); As to: Ramon Nochez Aguilar (Plaintiff)
DocketRequest for Judicial Notice; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant)
DocketHearing on Motion for Terminating Sanctions scheduled for 03/24/2021 at 10:00 AM in Spring Street Courthouse at Department 26
DocketMotion to Deem RFA's Admitted; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant); As to: Ramon Nochez Aguilar (Plaintiff)
DocketRequest for Judicial Notice; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant)
DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 01/13/2021 at 10:00 AM in Spring Street Courthouse at Department 26
DocketNotice of Ruling; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant)
DocketNotice of Deposit - Jury; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant)
DocketAnswer; Filed by: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant); As to: Ramon Nochez Aguilar (Plaintiff)
DocketComplaint; Filed by: Ramon Nochez Aguilar (Plaintiff); As to: Ok Suh Kim (Defendant); Sung Hee Ryu (Defendant)
DocketCivil Case Cover Sheet; Filed by: Ramon Nochez Aguilar (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 05/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC14141 Hearing Date: July 15, 2020 Dept: 26
Aguilar v. Kim, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUEST FOR PRODUCTION; REQUEST FOR SANCTIONS
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendants Ok Suh Kim and Sung Hee Ryu’s (1) Motion For Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
ANALYSIS:
Plaintiff Ramon Nochez Aguilar (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Ok Suh Kim and Sung Hee Ryu (“Defendants”) on November 21, 2018. On March 13, 2019, Defendants served Form Interrogatories and Request for Production of Documents on Plaintiff by mail. (Motions, Ash Decl. ¶3 and Exh. A.) Responses were due by April 17, 2019. (Code Civ. Proc., §§ 2030.260, 2031.250.) Despite numerous meet and confer efforts, Plaintiff has yet to serve responses to the written discovery. (Motions, Ash Decl., ¶¶4-7 and Exhs. B-F.) Defendants filed the instant Motions on January 28, 2020. To date, no oppositions have been filed.
The failure to timely serve responses, whether containing objections, or facts, or both, results in waiver of all objections. (Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 658.)
Based on Plaintiff’s failure to timely respond to the propounded discovery requests, Defendants are entitled to verified responses without objections to the interrogatories and requests for production within twenty (20) days of notice of this Order. (Code Civ. Proc., §§ 2030.290, 2031.300.)
The Court also finds that Plaintiff’s failure to respond is a misuse of the discovery procedures. (Code Civ. Proc., § 2023.010, et seq.) The requested sanctions have been properly noticed but are excessive give the simplicity of these unopposed motions. Sanctions are appropriate in the amount of $520.00 based on two hours of attorney time billed at $200.00 per hour, plus two filing fees of $60.00 each. (Motions, Ash Decl., ¶9.) Sanctions of $520.00, awarded jointly and severally against Plaintiff and his counsel of record, are to be paid within thirty (30) days from notice of this Order.
Therefore, Defendants Ok Suh Kim and Sung Hee Ryu’s (1) Motion For Order Compelling Plaintiff To Respond to Form Interrogatories; Request for Sanctions; and (2) Motion For Order Compelling Plaintiff to Respond to Request for Production of Documents; Request For Sanctions are GRANTED. PLAINTIFF TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE DISCOVERY REQUESTS WITHIN 20 DAYS’ NOTICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY TO PAY SANCTIONS OF $520.00 TO DEFENSE COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.