On 04/02/2019 ROSA MARIA MUNOZ-CASTRO filed a Personal Injury - Motor Vehicle lawsuit against COLE BENJAMIN MYERS. 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.
*******3129
04/02/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
MUNOZ HECTOR MANUEL
CARDONA PAOLA ABIGAIL
MUNOZ-CASTRO ROSA MARIA
MYERS COLE BENJAMIN
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS
CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS
SKLAR JULIA
14414 Hamlin Street
Van Nuys, CA 91401
MAGWOOD JEFF
7/30/2020: Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Plaintiff Hector Manuel Munoz
7/30/2020: Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Plaintiff Paola Abigail Cardona
7/30/2020: Motion to Compel (name extension) - Motion to Compel Motion to Compel Deposition of Plaintiff Rosa Maria Munoz-Castro
8/25/2020: Stipulation (name extension) - No Order - Stipulation - No Order Joint Stipulation to Continue Trial
8/25/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/25/2020
7/14/2020: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)
7/14/2020: Notice of Ruling - Notice of Ruling
4/29/2020: Notice (name extension) - Notice of Rescheduled Hearings on Motions to Compel
4/15/2020: Declaration (name extension) - Declaration of Julia Sklar in Opposition to Motion to Compel
4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
3/12/2020: Separate Statement - Separate Statement
3/12/2020: Separate Statement - Separate Statement
5/31/2019: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt
5/1/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)
5/16/2019: Request for Dismissal - Request for Dismissal
4/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/2/2019: First Amended Standing Order - First Amended Standing Order
4/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing04/05/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing06/14/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing02/18/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)
Hearing02/18/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)
Hearing02/18/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)
DocketStipulation and Order Joint Stipulation to Continue Trial; Filed by: Cole Benjamin Myers (Defendant); Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant); As to: Rosa Maria Munoz-Castro (Plaintiff); Hector Manuel Munoz (Plaintiff); Paola Abigail Cardona (Plaintiff) et al.
DocketStipulation - No Order Joint Stipulation to Continue Trial; Filed by: Cole Benjamin Myers (Defendant); Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant); As to: Rosa Maria Munoz-Castro (Plaintiff); Hector Manuel Munoz (Plaintiff); Paola Abigail Cardona (Plaintiff) et al.
DocketUpdated -- Stipulation - No Order Joint Stipulation to Continue Trial: Filed By: Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant),Cole Benjamin Myers (Defendant); Result: blank; Document changed from Stipulation and Order (name extension) to Stipulation (name extension) - No Order; Result Date: blank; As To Parties changed from Rosa Maria Munoz-Castro (Plaintiff), Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant), Cole Benjamin Myers (Defendant), Hector Manuel Munoz (Plaintiff), Paola Abigail Cardona (Plaintiff) to Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant), Rosa Maria Munoz-Castro (Plaintiff), Paola Abigail Cardona (Plaintiff), Hector Manuel Munoz (Plaintiff), Cole Benjamin Myers (Defendant)
DocketUpdated -- Stipulation - No Order Joint Stipulation to Continue Trial: As To Parties changed from Paola Abigail Cardona (Plaintiff), Hector Manuel Munoz (Plaintiff), Cole Benjamin Myers (Defendant), Rosa Maria Munoz-Castro (Plaintiff), Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant) to Paola Abigail Cardona (Plaintiff), Rosa Maria Munoz-Castro (Plaintiff), Hector Manuel Munoz (Plaintiff), Cole Benjamin Myers (Defendant), Corporation of the President of the Church of Jesus Christ of Latter Day Saints (Defendant)
DocketNon-Jury Trial scheduled for 06/14/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketComplaint; Filed by: Rosa Maria Munoz-Castro (Plaintiff); Hector Manuel Munoz (Plaintiff); Paola Abigail Cardona (Plaintiff); As to: Cole Benjamin Myers (Defendant); The Church of Jesus Christ of Latter-day Saints (Defendant)
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketRequest to Waive Court Fees; Filed by: Rosa Maria Munoz-Castro (Plaintiff); Hector Manuel Munoz (Plaintiff); Paola Abigail Cardona (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Rosa Maria Munoz-Castro (Plaintiff); Hector Manuel Munoz (Plaintiff); Paola Abigail Cardona (Plaintiff); As to: Cole Benjamin Myers (Defendant); The Church of Jesus Christ of Latter-day Saints (Defendant)
DocketCivil Case Cover Sheet; Filed by: Rosa Maria Munoz-Castro (Plaintiff); Hector Manuel Munoz (Plaintiff); Paola Abigail Cardona (Plaintiff); As to: Cole Benjamin Myers (Defendant); The Church of Jesus Christ of Latter-day Saints (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk
DocketNon-Jury Trial scheduled for 09/29/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 19STLC03129 Hearing Date: July 14, 2020 Dept: 26
Munoz-Castro v. Myers, et al.
MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES
(CCP § 2030.300)
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 Paola Abigail Cardona’s Further Responses to Form Interrogatories, Set One; and (2) Motion to Compel Plaintiff Rosa Maria Munoz-Castro’s Further Responses to Form Interrogatories, Set One, are GRANTED. FURTHER RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE 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 and Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (“Defendants”) on April 2, 2019. Defendants filed the instant Motions to Compel Further Responses on March 12, 2020. On April 15, 2020, Plaintiffs’ counsel filed an opposing declaration.
Procedural Requirements
Notice of the motion to compel further must be given “within 45 days of service of the verified response, or any supplemental verified response, or any specific later date to which the requesting party and the responding party have agreed in writing,” otherwise, the propounding party waives any right to compel a further response. (Code Civ. Proc., § 2030.300, subd. (c).) Here, Plaintiffs’ verified responses were served by mail on January 23, 2020. (Motions, Kaufman Decl., ¶5 and Exh. C.) The notice of motion and motions to compel further were timely served on March 12, 2020. (Motions, POS.)
The motion must also be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2030.300, subd. (b).) Defense counsel sent meet and confer letters on January 30, 2020. (Motions, Kaufman Decl., ¶6 and Exh. D.) The meet and confer requirement, therefore, is satisfied.
Finally, Cal. Rules of Court Rule 3.1345 requires that all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. (Cal. Rules of Court, Rule 3.1345, subd. (a).) The motions are accompanied by concurrently filed separate statements.
Substantive Basis
“On receipt of a response to interrogatories, the [propounding party] may move for an order compelling a further response if that party deems that: ¶ An answer to a particular interrogatory is evasive or incomplete” or “[a]n objection to an interrogatory is without merit or too general.” (Code Civ. Proc., § 2030.300, subd. (a)(1), (3).)
Defendants move for further responses from both Plaintiffs to Special Interrogatory No. 1, which asks them to “[s]tate the telephone number(s) and name of the cellular phone carrier(s) for any and all
cellular telephone(s) YOU (“YOU,” “YOUR,” or “YOURSELF” means Plaintiff [Paola Abigail
Cardona or Rosa Maria Munoz-Castro]) had or used on the date of the INCIDENT (“INCIDENT” includes the circumstances and events surrounding the April 19, 2017 automobile accident and injuries therefrom giving rise to this action or proceeding). (Separate Statements, p. 2:9-13.) In response, Plaintiffs provided their phone numbers, but then state “[t]he carrier is unknown to Plaintiff.” (Id. at p. 2:15.)
The Court agrees with Defendants that this response is incomplete. A response to an interrogatory must either be (1) an answer containing the information sought to be discovered; (2) an exercise of the party’s option to produce writings; and (3) an objection to the particular interrogatory. (Code Civ. Proc., § 2030.210, subd. (a).) Stating that the information is unknown is neither acceptable under the statute, nor credible. When a party does not know the information requested, he or she must make a reasonable and good faith effort to obtain the information. (Code Civ. Proc., § 2030.220, subd. (c).) It is certainly possible to obtain the name of one’s own cell phone carrier after a reasonable and good faith effort.
Based on the foregoing, the Motions to Compel Further Responses to Form Interrogatories, Set One, No. 1 are GRANTED. FURTHER RESPONSES ARE TO BE SERVED WITHIN 20 DAYS’ NOTICE OF THIS ORDER.
Moving party to give notice.