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This case was last updated from Los Angeles County Superior Courts on 05/12/2021 at 00:59:41 (UTC).

REFUGIO HERNANDEZ-GUTIERREZ, ET AL. VS ROBERTO ALVAREZ, ET AL.

Case Summary

On 04/02/2019 REFUGIO HERNANDEZ-GUTIERREZ filed a Personal Injury - Motor Vehicle lawsuit against ROBERTO ALVAREZ. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3184

  • Filing Date:

    04/02/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiffs

HERNANDEZ EDWIN

HERNANDEZ STEVAN

RIVERA-GARCIA MODESTA

HERNANDEZ-GUTIERREZ REFUGIO

HERNANDEZ ALEXANDER

Defendants

PEREZ ARACELI

ALVAREZ ROBERTO

Attorney/Law Firm Details

Plaintiff Attorney

GABRIEL SAMUEL E.

Defendant Attorney

SALDANA KATHRYN

 

Court Documents

Notice (name extension) - Notice of Taking Motions to Compel off calendar - Amended

5/6/2021: Notice (name extension) - Notice of Taking Motions to Compel off calendar - Amended

Notice (name extension) - Notice of Taking Motions off calendar

5/6/2021: Notice (name extension) - Notice of Taking Motions off calendar

Notice (name extension) - Notice of Taking Motion to Compel off calendar - AMENDED

5/6/2021: Notice (name extension) - Notice of Taking Motion to Compel off calendar - AMENDED

Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Order

11/20/2020: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Order

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

3/9/2021: 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

3/9/2021: 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

3/9/2021: 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

3/9/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

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

9/17/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

7/10/2019: Answer - Answer

Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem re: Steven

4/11/2019: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem re: Steven

Declaration (name extension) - Declaration Due Diligence

6/13/2019: Declaration (name extension) - Declaration Due Diligence

Summons - Summons on Complaint

4/24/2019: Summons - Summons on Complaint

Complaint - Complaint

4/2/2019: Complaint - Complaint

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

4/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

4/2/2019: First Amended Standing Order - First Amended Standing Order

13 More Documents Available

 

Docket Entries

  • 11/02/2021
  • Hearing11/02/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 05/06/2021
  • DocketNotice of Taking Motions off calendar; Filed by: Roberto Alvarez (Defendant); As to: Alexander Hernandez (Plaintiff)

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  • 05/06/2021
  • DocketNotice of Taking Motions to Compel off calendar - Amended; Filed by: Roberto Alvarez (Defendant); As to: Alexander Hernandez (Plaintiff)

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  • 05/06/2021
  • DocketNotice of Taking Motion to Compel off calendar - AMENDED; Filed by: Roberto Alvarez (Defendant); As to: Alexander Hernandez (Plaintiff)

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  • 05/06/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/10/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 05/06/2021

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  • 05/06/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/11/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 05/06/2021

    Read MoreRead Less
  • 05/06/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/11/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 05/06/2021

    Read MoreRead Less
  • 05/06/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/10/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 05/06/2021

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  • 04/26/2021
  • DocketNotice of Change of Firm Name; Filed by: Roberto Alvarez (Defendant); Araceli Perez (Defendant); New Firm Name: James T. Shott & Associates

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  • 04/26/2021
  • DocketUpdated -- Kathryn Saldana (Attorney): Organization Name changed from Michael Maguire & Associates to James T. Shott & Associates

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21 More Docket Entries
  • 04/11/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem re: Edwin; Signed and Filed by: Refugio Hernandez-Gutierrez (Plaintiff); Modesta Rivera-Garcia (Plaintiff); Stevan Hernandez (Plaintiff); Alexander Hernandez (Plaintiff); Edwin Hernandez (Plaintiff); As to: Edwin Hernandez (Plaintiff)

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  • 04/11/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem re: Alexander; Signed and Filed by: Refugio Hernandez-Gutierrez (Plaintiff); Modesta Rivera-Garcia (Plaintiff); Stevan Hernandez (Plaintiff); Alexander Hernandez (Plaintiff); Edwin Hernandez (Plaintiff); As to: Alexander Hernandez (Plaintiff)

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  • 04/11/2019
  • DocketApplication And Order For Appointment of Guardian Ad Litem re: Steven; Signed and Filed by: Refugio Hernandez-Gutierrez (Plaintiff); Modesta Rivera-Garcia (Plaintiff); Stevan Hernandez (Plaintiff); Alexander Hernandez (Plaintiff); Edwin Hernandez (Plaintiff); As to: Stevan Hernandez (Plaintiff)

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  • 04/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/03/2019
  • DocketNon-Jury Trial scheduled for 09/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/03/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Refugio Hernandez-Gutierrez (Plaintiff); Modesta Rivera-Garcia (Plaintiff); Stevan Hernandez (Plaintiff); Alexander Hernandez (Plaintiff); Edwin Hernandez (Plaintiff); As to: Roberto Alvarez (Defendant); Araceli Perez (Defendant)

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  • 04/02/2019
  • DocketComplaint; Filed by: Refugio Hernandez-Gutierrez (Plaintiff); Modesta Rivera-Garcia (Plaintiff); Stevan Hernandez (Plaintiff); Alexander Hernandez (Plaintiff); Edwin Hernandez (Plaintiff); As to: Roberto Alvarez (Defendant); Araceli Perez (Defendant)

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Tentative Rulings

Case Number: 19STLC03184    Hearing Date: May 10, 2021    Dept: 26

MOTION TO COMPEL DEPOSITION AND REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendants Roberto Alvarez and Araceli Perez’s Motion to Compel Plaintiff Edwin Hernandez’s Attendance and Testimony at Deposition and Request for Sanctions is GRANTED. PLAINTIFF EDWIN HERNANDEZ IS ORDERED TO APPEAR FOR DEPOSITION ON MAY 20, 2021

AT 1:00 P.M., AT 611 ANTON BOULEVARD, SUITE 900, COSTA MESA, CALIFORNIA. PLAINTIFF EDWIN HERNANDEZ AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $432.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Defendants Roberto Alvarez and Araceli Perez’s Motion to Compel Plaintiff Modesta Rivera-Garcia’s Attendance and Testimony at Deposition and Request for Sanctions is GRANTED. PLAINTIFF MODESTA RIVERA-GARCIA IS ORDERED TO APPEAR FOR DEPOSITION ON MAY 20, 2021 AT 10:00 A.M., AT 611 ANTON BOULEVARD, SUITE 900, COSTA MESA, CALIFORNIA. PLAINTIFF MODESTA RIVERA-GARCIA AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $432.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiffs Edwin Hernandez, Modesta Rivera-Garcia, and others (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendants Roberto Alvarez and Araceli Perez (“Defendants”) on April 2, 2019.

Defendants filed the instant Motions to Compel Edwin Hernandez and Modesta Rivera-Garcia’s Attendance and Testimony at Deposition and Request for Sanctions (“the Motions”) on March 9, 2021. To date, no opposition has been filed.

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” if sought 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 Motions are accompanied by declarations demonstrating that following service of deposition notices, defense counsel repeatedly sought to confirm that Plaintiffs Edwin Hernandez and Modesta Rivera-Garcia would appear for deposition on February 16 and 17, 2021. (Motions, Bartick Decl., ¶¶2-6 and Exhs. A-D.) Plaintiffs Edwin Hernandez and Modesta Rivera-Garcia did not appear for their scheduled depositions. (Id. at ¶7 and Exh. F.) Nor did Plaintiffs ever respond to defense counsel’s communications. (Id. at ¶6.) The Court finds this meet and confer effort substantially complies with the statutory directive to address the deponents’ non-appearance.

Based on Plaintiffs Edwin Hernandez and Modesta Rivera-Garcia’s failure to cooperate in the taking of their depositions, Defendants are entitled to an order compelling their appearance and an award of sanctions. Under a lodestar calculation, sanctions are granted in the amount of $432.00 against each Plaintiff and counsel of record. (Motions, Bartick Decl., ¶8.)

Conclusion

Defendants Roberto Alvarez and Araceli Perez’s Motion to Compel Plaintiff Edwin Hernandez’s Attendance and Testimony at Deposition and Request for Sanctions is GRANTED. PLAINTIFF EDWIN HERNANDEZ IS ORDERED TO APPEAR FOR DEPOSITION ON MAY 20, 2021

AT 1:00 P.M., AT 611 ANTON BOULEVARD, SUITE 900, COSTA MESA, CALIFORNIA. PLAINTIFF EDWIN HERNANDEZ AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $432.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Defendants Roberto Alvarez and Araceli Perez’s Motion to Compel Plaintiff Modesta Rivera-Garcia’s Attendance and Testimony at Deposition and Request for Sanctions is GRANTED. PLAINTIFF MODESTA RIVERA-GARCIA IS ORDERED TO APPEAR FOR DEPOSITION ON MAY 20, 2021 AT 10:00 A.M., AT 611 ANTON BOULEVARD, SUITE 900, COSTA MESA, CALIFORNIA. PLAINTIFF MODESTA RIVERA-GARCIA AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $432.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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