This case was last updated from Los Angeles County Superior Courts on 10/20/2021 at 06:03:40 (UTC).

SALVADOR FLORES VS BOTANICA OSHUN INC., ET AL.

Case Summary

On 12/20/2019 SALVADOR FLORES filed a Contract - Other Contract lawsuit against BOTANICA OSHUN INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1558

  • Filing Date:

    12/20/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

FLORES SALVADOR

Defendants

BOTANICA OSHUN INC.

ESPINOZA IVONNE E

Attorney/Law Firm Details

Plaintiff Attorney

JONES AYINDE A

Defendant Attorney

SANZO FRANK A.

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/18/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

9/21/2021: Proof of Service by Mail - Proof of Service by Mail

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/21/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

9/21/2021: Proof of Personal Service - Proof of Personal Service

Exhibit List - Exhibit List

9/21/2021: Exhibit List - Exhibit List

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

9/22/2021: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial Date

Motion to Compel (name extension) - Motion to Compel motion to compel responses to case questionnaire-limited cases

7/30/2020: Motion to Compel (name extension) - Motion to Compel motion to compel responses to case questionnaire-limited cases

Motion to Compel (name extension) - Motion to Compel motion to compel responses to case questionnaire-limited, request for monetary sanctions. declaration of plaintiff in support of motion, points and

7/30/2020: Motion to Compel (name extension) - Motion to Compel motion to compel responses to case questionnaire-limited, request for monetary sanctions. declaration of plaintiff in support of motion, points and

Motion to Compel (name extension) - Motion to Compel motion to compel responses to form interrogatories-limited civil

7/30/2020: Motion to Compel (name extension) - Motion to Compel motion to compel responses to form interrogatories-limited civil

Proof of Service by Mail - Proof of Service by Mail

8/31/2020: Proof of Service by Mail - Proof of Service by Mail

Substitution of Attorney - Substitution of Attorney

8/31/2020: Substitution of Attorney - Substitution of Attorney

Proof of Service by Mail - Proof of Service by Mail

8/31/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

8/31/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Motion to Compel MOTION TO COMPEL RESPONSES TO CAS...)

2/8/2021: Minute Order - Minute Order (Hearing on Motion to Compel MOTION TO COMPEL RESPONSES TO CAS...)

Proof of Service by Mail - Proof of Service by Mail

3/17/2021: Proof of Service by Mail - Proof of Service by Mail

Motion re: (name extension) - Motion re: AMENDED MOTION TO COMPEL RESPONSES TO CASE QUESTIONNAIRE

3/17/2021: Motion re: (name extension) - Motion re: AMENDED MOTION TO COMPEL RESPONSES TO CASE QUESTIONNAIRE

Minute Order - Minute Order (Hearing on Motion to Compel Defendant Botanica Oshum, Inc.s ...)

4/15/2021: Minute Order - Minute Order (Hearing on Motion to Compel Defendant Botanica Oshum, Inc.s ...)

Proof of Personal Service - Proof of Personal Service

6/15/2021: Proof of Personal Service - Proof of Personal Service

23 More Documents Available

 

Docket Entries

  • 03/02/2022
  • Hearing03/02/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/18/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 10/18/2021
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 11/29/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 03/02/2022 08:30 AM

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  • 09/22/2021
  • DocketStipulation and Order to Continue Trial Date; Signed and Filed by: Botanica Oshun Inc. (Defendant); As to: Salvador Flores (Plaintiff)

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  • 09/22/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 09/23/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 11/29/2021 08:30 AM

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  • 09/22/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/23/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 08/31/2020

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  • 09/21/2021
  • DocketRequest for Entry of Default / Judgment; Filed by: Salvador Flores (Plaintiff); As to: Ivonne E Espinoza (Defendant)

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  • 09/21/2021
  • DocketProof of Service by Mail; Filed by: Salvador Flores (Plaintiff); As to: Botanica Oshun Inc. (Defendant); Ivonne E Espinoza (Defendant)

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  • 09/21/2021
  • DocketProof of Personal Service; Filed by: Salvador Flores (Plaintiff); As to: Ivonne E Espinoza (Defendant); Service Cost: 0.00; Service Cost Waived: No

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  • 09/21/2021
  • DocketExhibit List; Filed by: Salvador Flores (Plaintiff)

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45 More Docket Entries
  • 12/20/2019
  • DocketComplaint; Filed by: Salvador Flores (Plaintiff); As to: Botanica Oshun Inc. (Defendant); Ivonne E Espinoza (Defendant)

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  • 12/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/23/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/20/2019
  • DocketRequest to Waive Court Fees; Filed by: Salvador Flores (Plaintiff)

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  • 12/20/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Salvador Flores (Plaintiff)

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  • 12/20/2019
  • DocketCivil Case Cover Sheet; Filed by: Salvador Flores (Plaintiff)

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  • 12/20/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/20/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/20/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/20/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/20/2019
  • DocketNon-Jury Trial scheduled for 06/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC11558    Hearing Date: April 15, 2021    Dept: 26

Flores v. Botanica Oshum, Inc., et al.

MOTION TO COMPEL RESPONSES TO CASE QUESTIONNAIRE AND REQUEST FOR SANCTIONS

(CCP §§ 93(e), 2030.300, 2023.010)

TENTATIVE RULING:

Plaintiff Salvador Flores’ Motion to Compel Response to Case Questionnaire and Request for Sanctions is GRANTED. DEFENDANT BOTANICA OSHUM, INC. IS ORDERED TO SERVE A COMPLETE RESPONSE TO THE CASE QUESTIONNAIRE WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT BOTANICA OSHUM, INC. AND COUNSEL OF RECORD JOINTLY AND SEVERALLY PAY SANCTIONS OF $175.00 TO PLAINTIFF WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

 

ANALYSIS:

On December 20, 2019, pro se Plaintiff Salvador Flores (“Plaintiffs”) filed the instant action against Defendants Botanica Oshum, Inc. (erroneously sued as Botanica Oshun, Inc.) and Ivonne E. Espinoza (“Defendants”). No proof of service of the Summons and Complaint has been filed as to either Defendant. Defendant Botanica Oshum filed its Answer on January 29, 2020; Defendant Espinoza has not filed a responsive pleading.

On July 30, 2020, Plaintiff filed a Motion to Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire and Request for Sanctions. After hearing on February 8, 2021, the Court continued the matter to April 15, 2021. Plaintiff filed an Amended Motion to Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire and Request for Sanctions on March 17, 2021. To date, no opposition has been filed.

Discussion

Under Code of Civil Procedure section 93, a plaintiff may serve case questionnaires with the Complaint, which includes a “a completed copy of the plaintiff’s completed case questionnaire, and a blank copy of the defendant's case questionnaire.” (Code Civ. Proc., § 93, subd. (a).) The defendant upon whom a case questionnaire is served must serve a completed questionnaire with the Answer. (Code Civ. Proc., § 93, subd. (b).) Upon failure to serve a completed questionnaire with the Answer, the plaintiff may move for an order compelling service of the defendant’s completed response or further response to the questionnaire and for sanctions. (Code Civ. Proc., § 93, subd. (e); 2023.010.)

Plaintiff served Defendant Botanica Oshum with a case questionnaire on March 3, 2020. (Motion, Flores Decl., Exh. A.) Despite meet and confer efforts, Defendant Botanica Oshum has not served Plaintiff with a completed case questionnaire. (Id. at ¶3.) Plaintiff, therefore, is entitled to an order compelling Defendant Botanica Oshum’s complete response to the case questionnaire. Plaintiff also is entitled to sanctions based on costs he incurred bringing the instant Motion. (Cal. Rules of Court, 3.1348, subd. (a).) Sanctions are awarded jointly and severally against Defendant Botanica Oshum, Inc. and counsel of record in the amount of $175.00. (Motion, Flores Decl., ¶4.)

Conclusion

Plaintiff Salvador Flores’ Motion to Compel Response to Case Questionnaire and Request for Sanctions is GRANTED. DEFENDANT BOTANICA OSHUM, INC. IS ORDERED TO SERVE A COMPLETE RESPONSE TO THE CASE QUESTIONNAIRE WITHIN 20 DAYS’ SERVICE OF THIS ORDER. THE COURT FURTHER ORDERS THAT DEFENDANT BOTANICA OSHUM, INC. AND COUNSEL OF RECORD JOINTLY AND SEVERALLY PAY SANCTIONS OF $175.00 TO PLAINTIFF WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC11558    Hearing Date: February 08, 2021    Dept: 26

Flores v. Botanica Oshum, Inc., et al.

MOTION TO COMPEL RESPONSES TO CASE QUESTIONNAIRE; FORM INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP §§ 93(e), 2030.300, 2023.010)

TENTATIVE RULING:

Plaintiff Salvador Flores’ Motion To Compel Defendant Ivonne E. Espinoza’s Response To Case Questionnaire; Request For Sanctions; and Motion To Compel Defendant Ivonne E. Espinoza’s Response To Form Interrogatories; Request For Sanctions are PLACED OFF CALENDAR.

Plaintiff Salvador Flores’ Motion To Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire; Request For Sanctions is CONTINUED TO APRIL 5, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On December 20, 2019, pro se Plaintiff Salvador Flores (“Plaintiffs”) filed the instant action against Defendants Botanica Oshum, Inc. (erroneously sued as Botanica Oshun, Inc.) and Ivonne E. Espinoza (“Defendants”). No proof of service of the Summons and Complaint has been filed as to either Defendant. Defendant Botanica Oshum filed its Answer on January 29, 2020; Defendant Espinoza has not filed a responsive pleading.

On July 30, 2020, Plaintiff filed the instant (1) Motion To Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire; Request For Sanctions; (2) Motion To Compel Defendant Ivonne E. Espinoza’s Response To Case Questionnaire; Request For Sanctions; and (3) Motion To Compel Defendant Ivonne E. Espinoza’s Response To Form Interrogatories; Request For Sanctions. To date, no opposition has been filed.

Discussion

There are procedural issues with this action and the Motions. First, there is no proof of service of the Summons and Complaint as to Defendant Espinoza, nor has she filed a responsive pleading. Therefore, the Court has no jurisdiction over Defendant Espinoza and no authority to compel her responses to the Case Questionnaire.

Additionally, the Motions are not accompanied by any proof of service demonstrating that Defendants were given notice of the Motions and hearing date. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot grant the Motions without compliance with the statutory notice requirements.

Finally, the Motions do not include correct statutory references. For example, the Motions to Compel Responses to Case Questionnaires only refer to Code of Civil Procedure section 2023.030, which pertains to discovery sanctions, but do not address the Court’s authority to compel responses. The Motion to Compel Responses to Form Interrogatories cites Code of Civil Procedure section 2031.020, which refers to a party’s right to make a demand for inspection.

Based on the foregoing, the Motion To Compel Defendant Ivonne E. Espinoza’s Response To Case Questionnaire; Request For Sanctions; and Motion To Compel Defendant Ivonne E. Espinoza’s Response To Form Interrogatories; Request For Sanctions are PLACED OFF CALENDAR. The Motion To Compel Defendant Botanica Oshum, Inc.’s Response To Case Questionnaire; Request For Sanctions is CONTINUED TO APRIL 5, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PLAINTIFF IS TO FILE AND SERVE SUPPLEMENTAL PAPERS CORRECTING THE DEFECTS NOTED ABOVE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.

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