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This case was last updated from Los Angeles County Superior Courts on 06/08/2021 at 01:07:35 (UTC).

SANDRA CERVANTES, ET AL. VS JORGE RAMIREZ, ET AL.

Case Summary

On 02/19/2019 SANDRA CERVANTES filed a Personal Injury - Motor Vehicle lawsuit against JORGE RAMIREZ. 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:

    *******1628

  • Filing Date:

    02/19/2019

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiffs and Cross Defendants

AHMED OMAR

CERVANTES SANDRA

Defendants and Cross Plaintiffs

RAMIREZ JORGE

BAKER COMMODITIES INC.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

PARK PAUL

Defendant and Cross Plaintiff Attorney

MICHAEL CHRISTINA

 

Court Documents

Minute Order - Minute Order (Court Order)

5/7/2021: Minute Order - Minute Order (Court Order)

Opposition (name extension) - Opposition to Motion for an Order Compelling Plaintiff Sandra Cervantes' Response to Form Interrogatories and Request for Monetary Sanctions; Memorandum of Points and Aut

5/11/2021: Opposition (name extension) - Opposition to Motion for an Order Compelling Plaintiff Sandra Cervantes' Response to Form Interrogatories and Request for Monetary Sanctions; Memorandum of Points and Aut

Opposition (name extension) - Opposition to Motion for an Order Compelling Plaintiff Omar Ahmed's Response to Demand for Production of Documents and Request for Monetary Sanctions; Memorandum of Point

5/11/2021: Opposition (name extension) - Opposition to Motion for an Order Compelling Plaintiff Omar Ahmed's Response to Demand for Production of Documents and Request for Monetary Sanctions; Memorandum of Point

Reply (name extension) - Reply to Plaintiff Omar Ahmed's Opposition to Motion for an Order Compelling Response to Interrogatories and Request for Monetary Sanctions

5/17/2021: Reply (name extension) - Reply to Plaintiff Omar Ahmed's Opposition to Motion for an Order Compelling Response to Interrogatories and Request for Monetary Sanctions

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

5/25/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

5/25/2021: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

5/25/2021: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Notice of Ruling - Notice of Ruling

5/25/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

5/25/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

5/25/2021: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Compel (name extension) - Motion to Compel Plaintiff Sandra Cervantes' Response to Demand for Production of Documents

12/14/2020: Motion to Compel (name extension) - Motion to Compel Plaintiff Sandra Cervantes' Response to Demand for Production of Documents

Motion to Compel (name extension) - Motion to Compel Plaintiff Omar Ahmed's Response to Demand for Production of Documents

12/14/2020: Motion to Compel (name extension) - Motion to Compel Plaintiff Omar Ahmed's Response to Demand for Production of Documents

Motion to Compel (name extension) - Motion to Compel Plaintiff Omar Ahmed's Response to Form Interrogatories

12/14/2020: Motion to Compel (name extension) - Motion to Compel Plaintiff Omar Ahmed's Response to Form Interrogatories

Summons - Summons on Cross Complaint

10/21/2020: Summons - Summons on Cross Complaint

Answer - Answer

10/7/2020: Answer - Answer

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

10/7/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 08/13/2020

8/13/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Non-Jury Trial) of 08/13/2020

First Amended Standing Order - First Amended Standing Order

2/19/2019: First Amended Standing Order - First Amended Standing Order

23 More Documents Available

 

Docket Entries

  • 02/22/2022
  • Hearing02/22/2022 at 10:30 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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  • 09/23/2021
  • Hearing09/23/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 09/23/2021
  • Hearing09/23/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 06/30/2021
  • Hearing06/30/2021 at 09:30 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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  • 05/25/2021
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Omar Ahmed (Plaintiff)

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  • 05/25/2021
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Paul Park (Attorney)

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  • 05/25/2021
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Sandra Cervantes (Plaintiff)

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  • 05/25/2021
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Paul Park (Attorney)

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  • 05/25/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Sandra Cervantes (Plaintiff); Omar Ahmed (Plaintiff); As to: Jorge Ramirez (Defendant); Baker Commodities, Inc. (Defendant)

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  • 05/25/2021
  • DocketNotice of Ruling; Filed by: Jorge Ramirez (Defendant); Baker Commodities, Inc. (Defendant)

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41 More Docket Entries
  • 08/13/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/18/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 08/13/2020

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  • 08/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and Entry of Default and Default Judgment/Dismissal scheduled for 06/30/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 02/21/2019
  • DocketSummons on Complaint; Issued and Filed by: Sandra Cervantes (Plaintiff); As to: Jorge Ramirez (Defendant); Baker Commodities, Inc. (Defendant)

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  • 02/19/2019
  • DocketComplaint; Filed by: Sandra Cervantes (Plaintiff); Omar Ahmed (Plaintiff); As to: Jorge Ramirez (Defendant); Baker Commodities, Inc. (Defendant)

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  • 02/19/2019
  • DocketCivil Case Cover Sheet; Filed by: Sandra Cervantes (Plaintiff); Omar Ahmed (Plaintiff); As to: Jorge Ramirez (Defendant); Baker Commodities, Inc. (Defendant)

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  • 02/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/19/2019
  • DocketNon-Jury Trial scheduled for 08/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 02/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 02/19/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC01628    Hearing Date: May 25, 2021    Dept: 25

HEARING DATE: Tue., May 25, 2021 JUDGE /DEPT: Chilton/25

CASE NAME: Cervantes, et al. v. Ramirez, et al. COMPL. FILED: 02-19-19

CASE NUMBER: 19STLC01628 DISC. C/O: NONE

NOTICE: OK DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: (1&2) MOTION FOR AN ORDER COMPELLING PLAINTIFF SANDRA CERVANTES’ RESPONSE TO DEMAND FOR PRODUCTION OF DOCUMENTS AND FORM INTERROGATORIES, AND REQUEST FOR SANCTIONS

(3&4) MOTION FOR AN ORDER COMPELLING PLAINTIFF OMAR AHMED RESPONSE TO FORM INTERROGATORIES AND DEMAND FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR MONETARY SANCTIONS.

MOVING PARTY: Defendants Jorge Ramirez and Baker Commodities, Inc.

RESP. PARTY: Plaintiffs Sandra Cervantes and Omar Ahmed

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Defendants Jorge Ramirez and Baker Commodities, Inc.’s discovery Motions are DENIED WITHOUT PREJUDICE.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on May 11, 2021 [ ] Late [ ] None

REPLY: Filed on May 17, 2021 [ ] Late [ ] None

ANALYSIS:

I. Background

On February 19, 2019, Plaintiffs Sandra Cervantes (“Cervantes”) and Omar Ahmed (“Ahmed”) (collectively, “Plaintiffs”) filed an action alleging motor vehicle negligence and general negligence against Defendants Jorge Ramirez (“Ramirez”) and Baker Commodities, Inc. (“Baker”) (collectively, “Defendants”). Defendants filed an Answer and a Cross-Complaint against Plaintiff Ahmed on October 7, 2020. Plaintiff Ahmed filed an Answer to the Cross-Complaint on November 10, 2020.

Defendants filed the instant (1) Motion for an Order Compelling Plaintiff Sandra Cervantes’ Response to Demand for Production of Documents and for Monetary Sanctions, (2) Motion for an Order Compelling Plaintiff Sandra Cervantes’ Response to Form Interrogatories and Request for Monetary Sanctions, (3) Motion for an Order Compelling Plaintiff Omar Ahmed’s Response to Form Interrogatories and Request for Sanctions, and (4) Motion for an Order Compelling Plaintiff Omar Ahmed’s Response to Demand for Production of Documents and Request for Sanctions (collectively, the “Motions”).

Plaintiffs filed an opposition on May 11 and Defendants filed a reply brief on May 17.

II. Legal Standard & Discussion

A. Request for Production & Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendants served each Plaintiff with a Demand for Production of Documents, Set One, and Form Interrogatories, Set One, on October 7, 2020 via regular mail. (Motions, Michael Decls., ¶¶ 2, Exhs. A.) The Form Interrogatories propounded on each Plaintiff seek a response for 43 interrogatories. This exceeds the limit in limited jurisdiction cases. Code of Civil Procedure section 94 permits a propounding party to serve any combination of 35 interrogatories, demands to produce, and requests for admission in total. (Code Civ. Proc., § 94, subd. (a)(1)-(3).) (Emphasis added.)

As for requests for production, Code of Civil Procedure section 2031.030, states, in pertinent part:

“Each demand in a set shall be separately set forth, identified by number or letter, and shall do all of the following:

(1) Designate the documents, tangible things, land or other property, or electronically stored information to be inspected, copied, tested, or sampled either by specifically describing each individual item or by reasonably particularizing each category of item.

(Code Civ. Proc., § 2031.030, subd. (c).) (Emphasis added.)

Here, each Demand for Production includes only one demand as follows: “Any and all documents which support your responses to Form Interrogatories served with this Request for Production of Documents.” (Production Motions, Michael Decls., ¶¶ 2, Exhs. A.) This request does not specifically describe each individual item sought or reasonably particularize each category of item sought.

Thus, Defendants’ Motions are DENIED WITHOUT PREJUDICE.

III. Conclusion & Order

For the foregoing reasons, Defendants Jorge Ramirez and Baker Commodities, Inc.’s discovery Motions are DENIED WITHOUT PREJUDICE.

Moving parties are ordered to give notice.

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