This case was last updated from Los Angeles County Superior Courts on 11/09/2021 at 00:44:37 (UTC).

ROSI CEVALLOS VS ELNORA EDMOUNDS

Case Summary

On 04/16/2020 ROSI CEVALLOS filed a Personal Injury - Motor Vehicle lawsuit against ELNORA EDMOUNDS. 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:

    *******3396

  • Filing Date:

    04/16/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

CEVALLOS ROSI

Defendant

EDMOUNDS ELNORA

Attorney/Law Firm Details

Plaintiff Attorney

GLADKOV SERGEI N.

Defendant Attorney

OH CHRISTINA

 

Court Documents

Demand for Jury Trial - Demand for Jury Trial

10/30/2020: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

10/30/2020: Answer - Answer

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

3/22/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Notice of Change of Firm Name - Notice of Change of Firm Name

6/11/2021: Notice of Change of Firm Name - Notice of Change of Firm Name

Motion to Compel (name extension) - Motion to Compel Deposition of Plaintiff Rosie Cevallos

6/24/2021: Motion to Compel (name extension) - Motion to Compel Deposition of Plaintiff Rosie Cevallos

Minute Order - Minute Order (Hearing on Motion to Compel Notice of Motion and Motion by De...)

7/22/2021: Minute Order - Minute Order (Hearing on Motion to Compel Notice of Motion and Motion by De...)

Motion to Compel (name extension) - Motion to Compel Deposition and Request for Sanctions

8/24/2021: Motion to Compel (name extension) - Motion to Compel Deposition and Request for Sanctions

Ex Parte Application (name extension) - Ex Parte Application for an Order Continuing the Trial Date

9/1/2021: Ex Parte Application (name extension) - Ex Parte Application for an Order Continuing the Trial Date

Order (name extension) - Order of Court's Ruling

9/1/2021: Order (name extension) - Order of Court's Ruling

Minute Order - Minute Order (Hearing on Ex Parte Application for an Order Continuing the T...)

9/2/2021: Minute Order - Minute Order (Hearing on Ex Parte Application for an Order Continuing the T...)

Notice of Ruling - Notice of Ruling

9/2/2021: Notice of Ruling - Notice of Ruling

Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for an Order Continuing the T...) of 09/02/2021

9/2/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Ex Parte Application for an Order Continuing the T...) of 09/02/2021

Minute Order - Minute Order (Hearing on Motion to Compel NOTICE OF MOTION AND MOTION BY DE...)

9/20/2021: Minute Order - Minute Order (Hearing on Motion to Compel NOTICE OF MOTION AND MOTION BY DE...)

Notice of Ruling - Notice of Ruling

9/24/2021: Notice of Ruling - Notice of Ruling

Complaint - Complaint

4/16/2020: Complaint - Complaint

Summons - Summons on Complaint

4/16/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

4/16/2020: First Amended Standing Order - First Amended Standing Order

7 More Documents Available

 

Docket Entries

  • 04/20/2023
  • Hearing04/20/2023 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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  • 04/11/2022
  • Hearing04/11/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/24/2021
  • DocketNotice of Ruling; Filed by: Elnora Edmounds (Defendant)

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  • 09/20/2021
  • DocketMinute Order (Hearing on Motion to Compel NOTICE OF MOTION AND MOTION BY DE...)

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  • 09/20/2021
  • DocketHearing on Motion to Compel NOTICE OF MOTION AND MOTION BY DEFENDANT TO COMPEL THE DEPOSITION PLAINTIFF, ROSI CEVALLOS, AND REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS & AUTHORITIES; DECLARATION OF CHRISTINA OH, ESQ., IN SUPPORT THEREOF; [PROPOSED] ORDER scheduled for 09/20/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/20/2021; Result Type to Held - Motion Granted

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  • 09/02/2021
  • DocketUpdated -- Ex Parte Application for an Order Continuing the Trial Date: Filed By: Elnora Edmounds (Defendant); Result: Granted; Result Date: 09/02/2021

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  • 09/02/2021
  • DocketNon-Jury Trial scheduled for 04/11/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/02/2021
  • DocketNotice of Ruling; Filed by: Elnora Edmounds (Defendant)

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  • 09/02/2021
  • DocketHearing on Ex Parte Application for an Order Continuing the Trial Date scheduled for 09/02/2021 at 01:30 PM in Spring Street Courthouse at Department 25 updated: Result Date to 09/02/2021; Result Type to Held - Motion Granted

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  • 09/02/2021
  • DocketPursuant to the request of defendant, Non-Jury Trial scheduled for 10/14/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 04/11/2022 08:30 AM

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15 More Docket Entries
  • 10/30/2020
  • DocketDemand for Jury Trial; Filed by: Elnora Edmounds (Defendant)

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  • 10/30/2020
  • DocketAnswer; Filed by: Elnora Edmounds (Defendant); As to: Rosi Cevallos (Plaintiff)

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  • 04/16/2020
  • DocketNon-Jury Trial scheduled for 10/14/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/20/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/16/2020
  • DocketComplaint; Filed by: Rosi Cevallos (Plaintiff); As to: Elnora Edmounds (Defendant)

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  • 04/16/2020
  • DocketCivil Case Cover Sheet; Filed by: Rosi Cevallos (Plaintiff); As to: Elnora Edmounds (Defendant)

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  • 04/16/2020
  • DocketSummons on Complaint; Issued and Filed by: Rosi Cevallos (Plaintiff); As to: Elnora Edmounds (Defendant)

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  • 04/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/16/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC03396 Hearing Date: September 20, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO COMPEL THE DEPOSITION OF PLAINTIFF AND REQUEST FOR SANCTIONS

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MOVING PARTY: Defendant\r\nElnora Edmounds

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RESP. PARTY: None

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MOTION TO COMPEL DEPOSITION; REQUEST FOR SANCTIONS

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(CCP § 2025.450)

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TENTATIVE RULING:

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Defendant Elnora Edmounds’ unopposed Motion\r\nto Compel the Deposition of Plaintiff and Request for Sanctions is GRANTED.\r\nPlaintiff is ordered to appear for deposition at a date and time to be noticed\r\nby Defendant. Defendant’s request for sanctions is also GRANTED in the amount\r\nof $885.00 to be paid by Plaintiff and Plaintiff’s counsel, jointly and\r\nseverally, within thirty (30) days of notice of this order.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of September\r\n16, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof September 16, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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On April 16, 2020, Plaintiff Rosi Cevallos (“Plaintiff”)\r\nfiled an action against Defendant Elnora Edmounds (“Defendant”). Defendant\r\nfiled an Answer on October 30, 2020.

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Defendant filed a motion to compel Plaintiff’s deposition\r\non June 24, which was denied without prejudice on July 22 due to procedural\r\nissues. (7/22/21 Minute Order.)

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On August 24, Defendant filed the instant Motion to\r\nCompel the Deposition of Plaintiff and Request for Sanctions (the “Motion”). No\r\nopposition was filed.

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II. \r\nLegal\r\nStandard

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Code of Civil Procedure section 2025.450, section (a)\r\nprovides:

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“If, after service of a deposition notice, a party to the action or an\r\nofficer, director, managing agent, or employee of a party, or a person\r\ndesignated by an organization that is a party under Section 2025.230, without\r\nhaving served a valid objection under Section 2025.410, fails to appear for\r\nexamination, or to proceed with it, or to produce for inspection any document,\r\nelectronically stored information, or tangible thing described in the\r\ndeposition notice, the party giving the notice may move for an order compelling\r\nthe deponent’s attendance and testimony, and the production for inspection of\r\nany document, electronically stored information, or tangible thing described in\r\nthe deposition notice.”

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(Code Civ. Proc., § 2025.450, subd. (a).)

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The motion must “be accompanied by a meet and confer\r\ndeclaration under Section 2016.040, or, when the deponent fails to attend the\r\ndeposition…by a declaration stating that the petitioner has contacted the\r\ndeponent to inquire about the nonappearance.” (Code Civ. Proc., § 2025.450,\r\nsubd. (2).) A court shall impose monetary sanctions if the motion to compel is granted\r\nunless the one subject to sanctions acted with substantial justification or\r\nother circumstances would make the imposition of the sanction unjust. (Code.\r\nCiv. Proc., § 2025.450, subd. (g)(1).)

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III. \r\nDiscussion\r\n

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Defendant’s counsel first mailed Plaintiff’s counsel with\r\na notice of remote deposition on October 30, 2020. (Mot., Oh Decl., ¶ 4, Exh. A.) The initial deposition was scheduled for\r\nJanuary 28, 2021 at 10:00 a.m. via Zoom. (Id.) On January 26, 2021,\r\nPlaintiff’s counsel informed Defendant’s counsel she would be unable to\r\nparticipate in the deposition and requested that it be continued. (Id. at ¶ 5, Exh. B.) Defendant’s counsel requested available dates via\r\nemail on January 26, February 3, and February 8, apparently without success. (Id.) Defendant’s counsel emailed a second notice of remote deposition on\r\nFebruary 18. (Id. at ¶ 6, Exh. C.) The deposition was\r\nscheduled for June 2, 2021 via Zoom. (Id.) Due to a conflict\r\nwith Defendant’s counsel’s calendar, the June 2 deposition was moved up to\r\nApril 30. (Id. at ¶ 7, Exh. D.) This third amended notice\r\nof deposition was emailed to Plaintiff’s counsel on March 17, 2021. (Id.)

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Defendant’s counsel was\r\ninformed Plaintiff did not have the technology to participate in a remote\r\ndeposition and, on April 28, sent an email to Plaintiff’s counsel suggesting\r\nthat Plaintiff go to the court reporter’s office. (Id. at ¶ 8,\r\nExh. E.) Further efforts were thereafter made to confer with Plaintiff’s\r\ncounsel regarding a continued deposition date without success. (Id. at ¶ 9, Exh. F.)

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Finally, on May 20,\r\nDefendant’s counsel served Plaintiff’s counsel with a fourth amended notice of\r\ndeposition. (Id. at ¶ 10, Exh. G.) The\r\nin-person deposition was scheduled for June 11. (Id.) Defendant’s\r\ncounsel attempted to confirm that Plaintiff would appear at the June 11\r\ndeposition but was unable to. (Id. at ¶ 11, Exh. H.)

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Plaintiff did not appear at\r\nthe June 11 deposition and a Certificate of Non-Appearance was taken. (Id. at ¶ 12, Exh. I.) Plaintiff gave no notice she would not attend and no\r\nexplanation was thereafter given for her failure to attend. (Id.) Defendant’s counsel followed up with Plaintiff’s counsel regarding\r\nPlaintiff’s failure to appear and requested available dates for the deposition\r\non August 13. (Id. at ¶ 14, Exh. J.) Defendant’s\r\ncounsel warned that if no response was received within 5 days, she would file a\r\nmotion to compel. (Id.) This Motion followed on\r\nAugust 24.

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Defendant’s evidence\r\ndemonstrates that it has satisfied the meet and confer requirements and that it\r\nis entitled to an order compelling Plaintiff to appear for deposition. Plaintiff\r\nis ordered to appear for deposition at a time and date to be noticed by Defendant.\r\n

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B. Sanctions

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Code of Civil Procedure section 2023.030, subdivision (a)\r\nprovides, in pertinent part, that the court may impose a monetary sanction on a\r\nparty engaging in the misuse of the discovery process to pay the reasonable\r\nexpenses, including attorney’s fees, incurred by anyone as a result of that\r\nconduct. A misuse of the discovery process includes failing to respond or to\r\nsubmit to an authorized method of discovery. (Code Civ. Proc., § 2023.010,\r\nsubd. (d).) In addition, a court shall impose monetary sanctions if the motion\r\nto compel a deposition is granted unless the one subject to sanctions acted\r\nwith substantial justification or other circumstances would make the imposition\r\nof the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

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The Court finds Plaintiff’s failure to appear for\r\ndeposition a misuse of the discovery process. The Court further finds that\r\nneither Plaintiff nor Plaintiff’s counsel were justified in failing to\r\ncooperate with Defendant’s counsel in rescheduling the deposition.

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Defendant seeks sanctions of $1,235.00 based on 4 hours\r\nof attorney time billed at $175.00 per hour, one non-appearance fee of $475.00,\r\nand one filing fee of $60.00. (Mot., Oh Decl., ¶ 15.) However, the amount\r\nsought is excessive given the simplicity of this Motion and the lack of\r\nopposition and reply. The Court finds $885.00, based on 2 hours of attorney\r\ntime, one non-appearance fee, and one filing fee, to be reasonable.

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IV. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant\r\nElnora Edmounds’ unopposed Motion to Compel the Deposition of Plaintiff and\r\nRequest for Sanctions is GRANTED. Plaintiff is ordered to appear for deposition\r\nat a date and time to be noticed by Defendant. Defendant’s request for\r\nsanctions is also GRANTED in the amount of $885.00 to be paid by Plaintiff and\r\nPlaintiff’s counsel, jointly and severally, within thirty (30) days of notice\r\nof this order.

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\r\n\r\nMoving party is ordered to\r\ngive notice. '
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