This case was last updated from Los Angeles County Superior Courts on 08/21/2020 at 00:43:42 (UTC).

SCHORR LAW VS E. ROBERT SORACCO

Case Summary

On 07/13/2018 SCHORR LAW filed a Contract - Other Contract lawsuit against E ROBERT SORACCO. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9449

  • Filing Date:

    07/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff and Cross Defendant

SCHORR LAW

Defendant and Cross Plaintiff

SORACCO E. ROBERT

Los Angeles, CA 90017

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

GOLDSTEIN STEPHANIE CHING-YEE

 

Court Documents

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

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice OF CONTINUANCE RE: MOTION TO COMPEL DEFENDANT E. ROBERT SORRACO'S DEPOSITION, OR IN THE ALTERNATIVE, AN ORDER GRANTING TERMINATING SANCTIONS

2/4/2020: Notice (name extension) - Notice OF CONTINUANCE RE: MOTION TO COMPEL DEFENDANT E. ROBERT SORRACO'S DEPOSITION, OR IN THE ALTERNATIVE, AN ORDER GRANTING TERMINATING SANCTIONS

Motion to Compel (name extension) - Motion to Compel PLAINTIFF AND CROSS-DEFENDANT SCHORR LAW, A PROFESSIONAL CORPORATIONS FIRST AMENDED NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT AND CROSSCOMPL

11/26/2019: Motion to Compel (name extension) - Motion to Compel PLAINTIFF AND CROSS-DEFENDANT SCHORR LAW, A PROFESSIONAL CORPORATIONS FIRST AMENDED NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT AND CROSSCOMPL

Notice (name extension) - Notice AMENDED PLAINTIFF AND CROSS-DEFENDANT SCHORR LAW, A PROFESSIONAL CORPORATIONS AMENDED NOTICE OF MOTION TO DEEM REQUESTS FOR ADMISSION, SET ONE, ADMITTED

10/25/2019: Notice (name extension) - Notice AMENDED PLAINTIFF AND CROSS-DEFENDANT SCHORR LAW, A PROFESSIONAL CORPORATIONS AMENDED NOTICE OF MOTION TO DEEM REQUESTS FOR ADMISSION, SET ONE, ADMITTED

Minute Order - Minute Order (Hearing on Motion to Dismiss)

7/24/2019: Minute Order - Minute Order (Hearing on Motion to Dismiss)

Other - (name extension) - Other - Defenant's Motion to Dismiss Due to Plaintiff's Failure to Serve Defendant with the Mandatory Arbitration Notice Required Pursuant to Business and Professions Code S

6/20/2019: Other - (name extension) - Other - Defenant's Motion to Dismiss Due to Plaintiff's Failure to Serve Defendant with the Mandatory Arbitration Notice Required Pursuant to Business and Professions Code S

Reply (name extension) - Reply To Schorr Law, APC'S Motion in Opposition to motion to Dismiss

7/2/2019: Reply (name extension) - Reply To Schorr Law, APC'S Motion in Opposition to motion to Dismiss

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

1/2/2019: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Motion to Dismiss - Motion to Dismiss Defendant's Motion to Dismiss Due to Plaintiff's Failure to Serve Defendant with the Mandatory Arbitration Notice Required Pursuant to Business and Professions

1/28/2019: Motion to Dismiss - Motion to Dismiss Defendant's Motion to Dismiss Due to Plaintiff's Failure to Serve Defendant with the Mandatory Arbitration Notice Required Pursuant to Business and Professions

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

1/29/2019: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

Notice of Ruling - Notice of Ruling

1/31/2019: Notice of Ruling - Notice of Ruling

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/16/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - on Complaint

7/20/2018: Summons - on Complaint

Civil Case Cover Sheet

7/13/2018: Civil Case Cover Sheet

Complaint

7/13/2018: Complaint

Summons - on Complaint

7/13/2018: Summons - on Complaint

27 More Documents Available

 

Docket Entries

  • 06/29/2021
  • Hearing06/29/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/19/2020
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Deposition)

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  • 08/19/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/16/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/19/2020

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  • 08/19/2020
  • DocketHearing on Motion to Compel Motion to Compel Deposition scheduled for 08/19/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/19/2020; Result Type to Held - Motion Granted

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  • 08/19/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/01/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/29/2021 08:30 AM

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  • 03/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/24/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Compel Motion to Compel Deposition scheduled for 04/14/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/19/2020 10:30 AM

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  • 03/24/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 06/11/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 10/01/2020 08:30 AM

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  • 02/04/2020
  • DocketNotice OF CONTINUANCE RE: MOTION TO COMPEL DEFENDANT E. ROBERT SORRACO'S DEPOSITION, OR IN THE ALTERNATIVE, AN ORDER GRANTING TERMINATING SANCTIONS; Filed by: Schorr Law (Plaintiff); As to: E. Robert Soracco (Defendant)

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45 More Docket Entries
  • 07/20/2018
  • DocketSummons on Complaint; Filed by:

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  • 07/20/2018
  • DocketUpdated -- Summons - corrected: Exact Name changed from corrected to Summons - corrected

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  • 07/20/2018
  • DocketUpdated -- corrected: Exact Name: corrected

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  • 07/13/2018
  • DocketComplaint; Filed by: Schorr Law (Plaintiff); As to: E. Robert Soracco (Defendant)

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  • 07/13/2018
  • DocketCivil Case Cover Sheet; Filed by: Schorr Law (Plaintiff)

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  • 07/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/13/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/13/2018
  • DocketNon-Jury Trial scheduled for 01/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/13/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC09449    Hearing Date: August 19, 2020    Dept: 26

MOTION TO COMPEL DEPOSITION; TERMINATING SANCTIONS

(CCP §§ 2025.420, 2023.010)

TENTATIVE RULING:

PLAINTIFF SCHORR LAW, APC’S MOTION TO COMPEL ATTENDANCE AT DEPOSITION AND REQUEST FOR SANCTIONS IS GRANTED. DEFENDANT E. ROBERT SORACCO IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME TO BE NOTICED BY PLAINTIFF WITHIN THE NEXT 20 DAYS. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $945.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF’S MOTION IN THE ALTERNATIVE FOR TERMINATING SANCTIONS IS DENIED.

ANALYSIS:

Plaintiff Schorr Law (“Plaintiff”), a law firm, initiated this action against its former client, Defendant E. Robert Soracco (“Defendant”), on July 13, 2018 for failure to pay attorney’s fees for the legal services provided. Defendant then filed a Cross-Complaint on November 28, 2018 for breach of the retainer agreement, among other claims. On January 29, 2019, the court sustained Plaintiff’s demurrer to the Cross-Complaint without leave to amend. On July 24, 2019, the Court denied Defendant’s motion to dismiss the Complaint. On November 26, 2019, Plaintiff filed the instant Motion to Compel Deposition, or in the alternative, for Terminating Sanctions; and Request for Monetary Sanctions. To date, no opposition has been filed.

Motion to Compel Deposition and Request for Sanctions

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must also “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) “A meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc., § 2016.040.)

A court shall impose monetary sanctions if the motion to compel is granted unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Plaintiff presents evidence that Defendant failed to appear for his properly noticed deposition on November 1, 2019. (Motion, Schorr Decl., ¶¶3-8 and Exhs. A-B.) In fact, Defendant refused to appear until after January 12, 2020 due to health issues. (Id. at ¶8 and Exh. B.) Defendant, however, did not offer any details or proof regarding these health issues. (Ibid.) Following Defendant’s failure to appear, Plaintiff called Defendant on November 15, 2019 and left a voicemail seeking alternative deposition dates. (Id. at ¶9.) This satisfies the statute’s meet and confer requirement. Defendant, however, did not respond to reschedule the deposition nor has he filed an opposition to the instant Motion to Compel Deposition. (Ibid.)

Sanctions are warranted pursuant to Code of Civil Procedure, section 2023.030, subdivision (d) and section 2025.450, subdivision (g)(1,) and have been properly noticed. However, the Court finds the amount sought is excessive. Using a lodestar calculation, sanctions are awarded against Defendant in the reduced amount of $945.00 based on three hours of attorney time billed at $295.00 per hour and $60.00 for the filing fee. (Id. at ¶¶15, 17.)

Based on the Defendant’s failure to appear for the properly noticed deposition and continuing lack of cooperation in rescheduling, the Motion to Compel Attendance at Deposition and Request for Sanctions is GRANTED. DEFENDANT IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME TO BE NOTICED BY PLAINTIFF WITHIN THE NEXT 20 DAYS. SANCTIONS OF $945.00 ARE TO BE PAID TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Motion for Terminating Sanctions

In light of the order compelling Defendant’s deposition, the alternative request for terminating sanctions is denied. The Court further notes that terminating sanctions are only appropriate when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subds. (d), (g); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) Ultimate discovery sanctions are justified where there is a willful discovery order violation, a history of abuse, and evidence showing that less severe sanctions would not produce compliance with discovery rules. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) Here, Plaintiff has not shown that Defendant failed to comply with any order to produce discovery.

Conclusion

PLAINTIFF SCHORR LAW, APC’S MOTION TO COMPEL ATTENDANCE AT DEPOSITION AND REQUEST FOR SANCTIONS IS GRANTED. DEFENDANT E. ROBERT SORACCO IS ORDERED TO APPEAR FOR DEPOSITION AT A DATE AND TIME TO BE NOTICED BY PLAINTIFF WITHIN THE NEXT 20 DAYS. DEFENDANT IS FURTHER ORDERED TO PAY SANCTIONS OF $945.00 TO PLAINTIFF’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER. PLAINTIFF’S MOTION IN THE ALTERNATIVE FOR TERMINATING SANCTIONS IS DENIED.

Moving party to give notice.

Case Number: 18STLC09449    Hearing Date: December 10, 2019    Dept: 94

MOTION TO DEEM THE TRUTH OF MATTERS IN REQUESTS FOR ADMISSIONS TO DEFENDANT AS ADMITTED AND FOR MONETARY SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Schorr Law, APC’s Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions is GRANTED.

ANALYSIS:

I. Background

Plaintiff Schorr Law (“Plaintiff”), a law firm, initiated this action against its former client, Defendant E. Robert Soracco (“Defendant”), on July 13, 2018 for failure to pay attorney’s fees for the legal services provided. Defendant then filed a Cross-Complaint on November 28, 2018 for breach of the retainer agreement, among other claims. On January 29, 2019, the court sustained Plaintiff’s demurrer to the Cross-Complaint without leave to amend.

On June 13, 2019, Plaintiff served Requests for Admissions, Set One, on Defendant E. Robert Sorraco (“Defendant”). (Marquez Decl. ¶ 3, Exh. 1.) To date, Plaintiff has not received any discovery responses to the propounded discovery requests from Defendant. (Id. at ¶ 6.) As a result, Plaintiff filed the instant Motion to Deem the Truth of Matters Specified in Requests for Admissions to Defendant as Admitted and for Monetary Sanctions (the “Motion”) on October 24, 2019.

II. Analysis & Order

 

Defendant has failed to respond to Plaintiff’s Requests for Admissions. Accordingly, the unopposed Motion is GRANTED. Pursuant to CCP § 2033.280, the truth of the matters specified in Plaintiff’s Requests for Admissions to Defendant is hereby deemed admitted.

As the Motion has been granted, monetary sanctions are mandatory under CCP § 2033.280(c). Given the simplicity of the Motion and the lack of opposition and reply, the Court awards Plaintiff $560 ($250/hr. x 2 hrs., plus $60 filing fee) in reasonable attorney’s fees and costs as monetary sanctions against Defendant. Sanctions are to be paid within thirty (30) days from the date of Plaintiff serving a notice of this Order on Defendant.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.