On 11/29/2018 RICKY HINTON filed a Personal Injury - Motor Vehicle lawsuit against NORMA PROCTOR. 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 Disposed - Dismissed.
*******4366
11/29/2018
Disposed - Dismissed
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
HINTON RICKY
PROCTOR NORMA
YEAGER KENNETH CHARLES
MCCLENDON NYKEEMAH
12/3/2020: Minute Order - Minute Order (Non-Jury Trial)
9/17/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
8/13/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 08/13/2020
8/13/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
3/26/2020: Ex Parte Application (name extension) - Ex Parte Application EX PARTE APPLICATION FOR ORDER COMPELLING PLAINTIFF RICKY HINTONS DISCOVERY RESPONSES;
3/30/2020: Minute Order - Minute Order (Hearing on Ex Parte Application EX PARTE APPLICATION FOR ORDE...)
4/1/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES;
4/2/2020: Stipulation and Order (name extension) - Stipulation and Order STIPULATION TO CONTINUE TRIAL
4/6/2020: Opposition (name extension) - Opposition Opposition to Motion to Compel Discovery Responses
4/30/2019: Notice of Change of Firm Name - Notice of Change of Firm Name
4/3/2019: Proof of Personal Service - Proof of Personal Service
3/21/2019: Demand for Jury Trial - Demand for Jury Trial
3/21/2019: Answer - Answer
3/21/2019: Notice of Deposit - Jury - Notice of Deposit - Jury
11/29/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
11/29/2018: Complaint - Complaint
11/29/2018: First Amended Standing Order - First Amended Standing Order
11/29/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketOn the Complaint filed by Ricky Hinton on 11/29/2018, entered Order for Dismissal without prejudice as to the entire action
DocketMinute Order (Non-Jury Trial)
DocketNon-Jury Trial scheduled for 12/03/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/03/2020; Result Type to Held
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/02/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 12/03/2020
DocketUpdated -- Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES;: Filed By: Norma Proctor (Defendant); Result: Granted; Result Date: 09/17/2020
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/17/2020; Result Type to Held - Motion Granted
DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery"))
DocketCertificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery")) of 08/13/2020; Filed by: Clerk
DocketNotice of Deposit - Jury; Filed by: Norma Proctor (Defendant)
DocketAnswer; Filed by: Norma Proctor (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 05/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Ricky Hinton (Plaintiff)
DocketComplaint; Filed by: Ricky Hinton (Plaintiff); As to: Norma Proctor (Defendant)
Case Number: 18STLC14366 Hearing Date: September 17, 2020 Dept: 26
MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND
REQUEST FOR PRODUCTION
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Defendant Norma Proctor’s Motion to Compel Discovery Responses is GRANTED. PLAINTIFF RICKY HINTON IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE SPECIAL INTERROGATORIES, SET ONE AND REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, WITHIN 20 DAYS OF SERVICE OF THIS ORDER.
ANALYSIS:
Plaintiff Ricky Hinton (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Norma Proctor (“Defendant”) on November 29, 2018. On July 31, 2019, Defendant served Form Interrogatories, Special Interrogatories and Request for Production of Documents on Plaintiff. (Motion, McClendon Decl. ¶4 and Exh. A.) To date, Defendant has not received any verified responses to the discovery requests from Plaintiff. (Id. at ¶6.) Defendant filed the instant Motion to Compel Discovery Responses on April 1, 2020. On April 6, 2020, Plaintiff’s counsel filed a declaration stating he has lost contact with Plaintiff. (Yeager Decl., filed 4/6/20.)
The Motion initially came for hearing on August 13, 2020 at which time the Court ordered Plaintiff to serve responses to the Form Interrogatories. (Minute Order, 8/13/20.) The Court continued the hearing with respect to the Special Interrogatories and Requests for Production in order to allow Defendant to pay two additional motion filing fees. (Ibid.) Defendant paid the two additional motion filing fees on August 14, 2020.
The Court now finds that due to Plaintiff’s failure to respond written discovery, the Motion is GRANTED as to the Special Interrogatories, Set One and Request for Production of Documents, Set One. Plaintiff is ordered to serve verified responses, without objections, to Special Interrogatories, Set One and Request for Production of Documents, Set One within twenty (20) days of service of this Order. (Code Civ. Proc., § 2030.290, 2031.300.)
Moving party to give notice
Case Number: 18STLC14366 Hearing Date: August 13, 2020 Dept: 26
Hinton v. Proctor, et al.
MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND
REQUEST FOR PRODUCTION
(CCP §§ 2030.290; 2031.300)
TENTATIVE RULING:
Plaintiff Ricky Hinton’s Motion to Compel Discovery Responses is GRANTED solely as to the Form Interrogatories. DEFENDANT NORMA PROCTOR IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES WITHIN 20 DAYS’ NOTICE OF THIS ORDER.
With respect to the remaining discovery requests—the special interrogatories and request for production—the Motion is CONTINUED TO SEPTEMBER 17, 2020 AT 10:00 AM. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO PAY TWO ADDITIONAL FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR.
ANALYSIS:
Plaintiff Ricky Hinton (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Norma Proctor (“Defendant”) on November 29, 2018. On July 31, 2019, Plaintiff served Form Interrogatories, Special Interrogatories and Request for Production of Documents on Defendant. (Motion, McClendon Decl. ¶4 and Exh. A.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶6.) Plaintiff filed the instant Motion to Compel Discovery Responses on April 1, 2020. On April 6, 2020, defense counsel filed a declaration stating he has lost contact with Defendant. (Yeager Decl., filed 4/6/20.)
Discussion
The Court initially addresses the fact that Plaintiff seeks relief with respect to three sets of discovery under a single motion. Yet Plaintiff only paid a single filing fee. Until Plaintiff pays two additional filing fees, the Court can only rule on the Motion as to one set of discovery.
The Court, therefore, finds that due to Defendant’s failure to respond written discovery, the Motion is GRANTED solely as to the Form Interrogatories, Set One. Defendant is ordered to serve verified responses, without objections, to Plaintiff’s Form Interrogatories within twenty (20) days from the date of Defendant serving a notice of this Order. (Code Civ. Proc., § 2030.290, 2031.300.)
With respect to the remaining discovery requests—the special interrogatories and request for production—the Motion is CONTINUED TO SEPTEMBER 17, 2020 AT 10:00 AM. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO PAY TWO ADDITIONAL FILING FEES. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE MOTIONS BEING PLACED OFF CALENDAR.
Moving party to give notice.