On 08/05/2019 SHUKRY MESSIH filed a Personal Injury - Other Personal Injury lawsuit against RALPHS GROCERY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Dismissed.
*******7177
08/05/2019
Disposed - Dismissed
Stanley Mosk Courthouse
Los Angeles, California
SERENA R. MURILLO
MESSIH SHUKRY
RALPHS GROCERY COMPANY
STONE GREGORY E.
11/6/2020: Minute Order - Minute Order (Non-Jury Trial)
8/13/2020: Other - (name extension) - Authorization to Appear
9/23/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 09/23/2020
8/3/2020: Certificate of Mailing for - Certificate of Mailing for [Notice of Remote Appearances and Exchange and Submission of Evidence Protocol]
8/13/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/13/2020
4/27/2020: Order on Request for Court Order - Order on Request for Court Order
4/27/2020: Minute Order - Minute Order (Court Order)
4/1/2020: Request (name extension) - Request for judicial notice in connection with notice of vexatious litigant
4/1/2020: Notice (name extension) - Notice of Vexatious Litigant
2/28/2020: Notice of Trial - Notice of Trial (Small Claims Trail/Hearing)
3/12/2020: Certificate of Mailing for - Certificate of Mailing for [Other - Request for Court Order and Answer]
2/19/2020: Ex Parte Application (name extension) - Ex Parte Application for an order to transfer this case to small claims court
1/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
1/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
1/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
8/5/2019: Complaint - Complaint
8/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketOther - Authorization to Appear; Filed by: Alpha Beta Company dba Ralphs Erroneously Sued As Ralphs Grocery Company (Defendant)
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 11/06/2020; Filed by: Clerk
DocketOn the Complaint filed by Shukry Messih on 08/05/2019, entered Order for Dismissal without prejudice as to the entire action
DocketNon-Jury Trial scheduled for 11/06/2020 at 03:00 PM in Stanley Mosk Courthouse at Department 90 updated: Result Date to 11/06/2020; Result Type to Held
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 09/23/2020; Filed by: Clerk
DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/23/2020 at 03:00 PM in Stanley Mosk Courthouse at Department 90 Not Held - Continued - Court's Motion was rescheduled to 11/06/2020 03:00 PM
DocketAuthorization to Appear; Filed by: Alpha Beta Company dba Ralphs Erroneously Sued As Ralphs Grocery Company (Defendant)
DocketMinute Order (Non-Jury Trial)
DocketRequest to Waive Court Fees; Filed by: Shukry Messih (Plaintiff)
DocketComplaint; Filed by: Shukry Messih (Plaintiff); As to: Ralphs Grocery Company (Defendant)
DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Shukry Messih (Plaintiff)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 02/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Shukry Messih (Plaintiff)
Case Number: 19STLC07177 Hearing Date: February 24, 2020 Dept: 26
Messih v. Ralphs Grocery Company
MOTIONS TO COMPEL RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS
(CCP §§ 2030.290, 2031.300)
TENTATIVE RULING:
Defendant Ralphs’s Motion to Compel Responses to Discovery and Request for Monetary Sanctions is GRANTED.
ANALYSIS:
I. Background
On September 20, 2019, Defendant Ralphs served Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Inspection of Documents on Plaintiff Messih (“Plaintiff”). (Macksoud Decl., Form Interrogatories, ¶ 2, Exh. A; Macksoud Decl., Specially Prepared Interrogatories, ¶ 2, Exh. A; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 2, Exh. A.) As of January 23, 2020, Plaintiff has not responded to Defendant’s discovery requests. (Macksoud Decl., Form Interrogatories, ¶ 5 Macksoud Decl., Specially Prepared Interrogatories, ¶ 5; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 5.) As a result, Defendant filed three Motions to Compel Responses to Discovery and Request for Sanctions (the “Motions”) on January 24, 2020.
Plaintiff filed a General Opposition to Defendant’s Discovery motions, belatedly, on February 19, 2020. Plaintiff alleges that the motions were not properly noticed, the reservation for the motions was improper, and that the defnedant’s failed to met andconfer before filing the discovery motions. Plaintiff alleges that there was a delay due to medical issues.
III. Legal Standard
A court is permitted to intervene if a party fails to timely serve responses to discovery requests. (Code of Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) A requirement to meet and confer is only required prior to a Motion for an order compelling further responses pursuant to Code of Civil Procedure section 2030.300, subdivision (b)(1). As this motion is to compel reponsesk, not further responses, there is no requirement for a meet and confer declaration.
IV. Discussion & Order
Due to Plaintiff’s failure to respond to the propounded discovery requests, Defendant’s Motions are GRANTED. (Code Civ. Proc., §§ 2030.290, 2031.300.) Plaintiff is ordered to serve verified responses without objections to the Form Interrogatories, Specially Prepared Interrogatories, and Requests for Identification and Inspection of Documents within twenty (20) days.
The Court also finds Plaintiff’s failure to respond a misuse of the discovery process, warranting sanctions. (Code Civ. Proc., § 2023.010, subd. (d).) In addition, because Defendant’s Motions have been granted, monetary sanctions are mandatory under Code of Civil Procedure, sections 2030.290, subd. (c) and 2031.300, subd. (c).
Defendant’s counsel requests in each motion $3,105 in sanctions which includes a $60.00 filing fee for each motion and a total of fifteen hours of attorney time billed at $195.00 per hour. (Macksoud Decl., Form Interrogatories, ¶ 6; Macksoud Decl., Specially Prepared Interrogatories, ¶ 6; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 6.) However, the amount sought is excessive given the simplicity of these nearly identical motions. The Request for Sanctions is GRANTED against Plaintiff in the amount of $195.00 based on one hour of attorney time billed at $195.00 per hour, plus three filing fees of $60.00, to be paid within thirty (30) days of service of notice of this order.
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.