This case was last updated from Los Angeles County Superior Courts on 09/30/2020 at 10:18:58 (UTC).

SHERMAN WAY TOWNHOMES ASSOC., INC. VS JAIME ORTEGA

Case Summary

On 05/01/2020 SHERMAN WAY TOWNHOMES ASSOC , INC filed a Contract - Other Contract lawsuit against JAIME ORTEGA. 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:

    *******3755

  • Filing Date:

    05/01/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

SHERMAN WAY TOWNHOMES ASSOC. INC.

Defendant

ORTEGA JAIME

Attorney/Law Firm Details

Plaintiff Attorney

WATSON JOSEPH C.

 

Court Documents

Answer - Answer

5/29/2020: Answer - Answer

First Amended Standing Order - First Amended Standing Order

5/1/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/18/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Civil Case Cover Sheet - Civil Case Cover Sheet

5/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/1/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

5/1/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

5/1/2020: Complaint - Complaint

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

5/4/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

 

Docket Entries

  • 05/05/2023
  • Hearing05/05/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/29/2021
  • Hearing10/29/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/29/2020
  • DocketAnswer; Filed by: Jaime Ortega (Defendant); As to: Sherman Way Townhomes Assoc., Inc. (Plaintiff)

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  • 05/18/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/18/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/29/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/05/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/04/2020
  • DocketProof of Service by Substituted Service; Filed by: Sherman Way Townhomes Assoc., Inc. (Plaintiff); As to: Jaime Ortega (Defendant); Proof of Mailing Date: 05/02/2020; Service Cost: 99.00; Service Cost Waived: No

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  • 05/01/2020
  • DocketComplaint; Filed by: Sherman Way Townhomes Assoc., Inc. (Plaintiff); As to: Jaime Ortega (Defendant)

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  • 05/01/2020
  • DocketCivil Case Cover Sheet; Filed by: Sherman Way Townhomes Assoc., Inc. (Plaintiff); As to: Jaime Ortega (Defendant)

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  • 05/01/2020
  • DocketSummons on Complaint; Issued and Filed by: Sherman Way Townhomes Assoc., Inc. (Plaintiff); As to: Jaime Ortega (Defendant)

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  • 05/01/2020
  • DocketCivil Case Cover Sheet; Filed by: Sherman Way Townhomes Assoc., Inc. (Plaintiff); As to: Jaime Ortega (Defendant)

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  • 05/01/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/01/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/01/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03755    Hearing Date: April 1, 2021    Dept: 26

Sherman Way Town HOA v. Ortega, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Therefore, Plaintiff’s (1) Motion To Compel Responses To Special Interrogatories and Request for Sanctions; and (2) Motion To Compel Responses To Demand For Production Of Documents and Request for Sanctions are GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ORDERED TO PAY SANCTIONS TO $473.30 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Sherman Way Townhome Association, Inc. (“Plaintiff”) propounded Special Interrogatories and Requests for Production of Documents on Defendant Jaime Ortega (“Defendant”) on August 20, 2020. (Motions, Watson Decl., Exh. 1.) Following Defendant’s failure to provide timely responses, Plaintiff Defendants filed the instant (1) Motion To Compel Responses To Special Interrogatories, Set One; and (2) Motion To Compel Responses To Demand For Production Of Documents on October 13, 2020. (Id. at ¶4.)

Based on Defendant’s failure to serve initial responses, the Motions to compel responses to interrogatories and request for production are granted. There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Plaintiff’s failure to timely respond constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Therefore, the requests for sanctions are granted against Defendant in the total amount of $473.30 based on one hour of attorney time billed at $350.00 an hour, plus $123.30 in costs. (Motions, Watson Decl., ¶¶5-6.) The sanctions are to be paid within 20 days’ service of this order.

Therefore, Plaintiff’s (1) Motion To Compel Responses To Special Interrogatories and Request for Sanctions; and (2) Motion To Compel Responses To Demand For Production Of Documents and Request for Sanctions are GRANTED. DEFENDANT IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. DEFENDANT IS ORDERED TO PAY SANCTIONS TO $473.30 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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