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This case was last updated from Los Angeles County Superior Courts on 06/01/2021 at 06:07:59 (UTC).

SILVINA MENDEZ, ET AL. VS OSCAR BADILLO ZAMBRANO, ET AL.

Case Summary

On 08/25/2020 SILVINA MENDEZ filed a Personal Injury - Motor Vehicle lawsuit against OSCAR BADILLO ZAMBRANO. 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:

    *******7227

  • Filing Date:

    08/25/2020

  • 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

MENDEZ SILVINA

TORRES EMMANOL

Defendants

RAMIREZ HIPOLITO

ZAMBRANO OSCAR BADILLO

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH

Defendant Attorney

KIM WON SEAB CHARLES

 

Court Documents

Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant's Motion to Compel Responses to Request for Documents

5/18/2021: Opposition (name extension) - Opposition Plaintiff's Opposition to Defendant's Motion to Compel Responses to Request for Documents

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

5/12/2021: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

4/1/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

4/1/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

4/1/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Answer - Answer

1/14/2021: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

1/14/2021: Demand for Jury Trial - Demand for Jury Trial

Summons - Summons on Complaint

10/7/2020: Summons - Summons on Complaint

Proof of Personal Service - Proof of Personal Service

10/30/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

10/30/2020: Proof of Personal Service - Proof of Personal Service

Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Emmanol

8/27/2020: Application And Order For Appointment of Guardian Ad Litem - Application And Order For Appointment of Guardian Ad Litem for Emmanol

First Amended Standing Order - First Amended Standing Order

8/25/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

8/25/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/25/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

8/25/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 08/29/2023
  • Hearing08/29/2023 at 08:30 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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  • 06/16/2021
  • Hearing06/16/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 06/16/2021
  • Hearing06/16/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/16/2021
  • Hearing06/16/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 05/18/2021
  • DocketOpposition Plaintiff's Opposition to Defendant's Motion to Compel Responses to Request for Documents; Filed by: Silvina Mendez (Plaintiff)

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  • 05/12/2021
  • DocketUpdated -- Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion PLAINTIFFS? VERIFIED RESPONSES TO FORM INTERROGATORIES;: Name Extension: PLAINTIFFS? VERIFIED RESPONSES TO FORM INTERROGATORIES;; As To Parties changed from Emmanol Torres (Plaintiff), Silvina Mendez (Plaintiff) to Silvina Mendez (Plaintiff), Emmanol Torres (Plaintiff)

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  • 05/12/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") PLAINTIFFS? VERIFIED RESPONSES TO FORM INTERROGATORIES; scheduled for 06/16/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 05/12/2021
  • DocketNon-Jury Trial scheduled for 06/16/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 05/12/2021
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 05/12/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Discovery (not "Further Discovery") PLAINTIFFS? VERIFIED RESPONSES TO FORM INTERROGATORIES; scheduled for 05/12/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 06/16/2021 10:30 AM

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12 More Docket Entries
  • 10/07/2020
  • DocketSummons on Complaint; Issued and Filed by: Silvina Mendez (Plaintiff)

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  • 08/27/2020
  • DocketApplication And Order For Appointment of Guardian Ad Litem for Emmanol; Signed and Filed by: Silvina Mendez (Plaintiff); Emmanol Torres (Plaintiff); As to: Emmanol Torres (Plaintiff)

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  • 08/26/2020
  • DocketUpdated -- Application And Order For Appointment of Guardian Ad Litem for Emmanol: Filed By: Silvina Mendez (Plaintiff),Emmanol Torres (Plaintiff); Result: Granted; Result Date: 08/26/2020

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  • 08/25/2020
  • DocketComplaint; Filed by: Silvina Mendez (Plaintiff); Emmanol Torres (Plaintiff); As to: Oscar Badillo Zambrano (Defendant); Hipolito Ramirez (Defendant)

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  • 08/25/2020
  • DocketCivil Case Cover Sheet; Filed by: Silvina Mendez (Plaintiff); Emmanol Torres (Plaintiff); As to: Oscar Badillo Zambrano (Defendant); Hipolito Ramirez (Defendant)

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  • 08/25/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/25/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/25/2020
  • DocketNon-Jury Trial scheduled for 02/22/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/25/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/29/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/25/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC07227    Hearing Date: May 12, 2021    Dept: 25

PROCEEDINGS: (1) MOTION TO COMPEL PLAINTIFFS’ VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR SANCTIONS

(2) MOTION TO COMPEL PLAINTIFFS’ VERIFIED RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS

MOVING PARTY: Defendants Oscar Badillo Zambrano and Hipolito Ramirez

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

(CCP § 2030.290)

TENTATIVE RULING:

Defendants Oscar Badillo Zambrano and Hipolito Ramirez’s Motion to Compel Plaintiffs’ Verified Responses to Special Interrogatories is GRANTED. Plaintiffs are ordered to serve verified responses without objections to Special Interrogatories, Set One, within thirty (30) days of notice of this order. Defendants’ request for sanctions is also GRANTED in the amount of $307.50 to be paid to Defendants’ counsel within thirty (30) days of notice of this order.

However, the Motion to Compel Plaintiffs’ Verified Responses to Form Interrogatories and Request for Sanctions is CONTINUED TO JUNE 15, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five (5) days before the next scheduled hearing, Defendants must pay two additional filing fees. Failure to do so will result in the Form Interrogatories Motion being placed off calendar.

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: None filed as of May 7, 2021 [ ] Late [X] None

REPLY: None filed as of May 7, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On August 25, 2020, Plaintiff Silvina Mendez (“Mendez”) and minor Plaintiff Emmanol Torres, through his guardian ad litem Mendez (“Torres”) filed an action against Defendants Oscar Badillo Zambrano (“Zambrano”) and Hipolito Ramirez (“Ramirez”) (collectively, “Defendants”). Defendants filed a joint Answer on January 14, 2021.

Defendants filed the instant (1) Motion to Compel Plaintiffs’ Verified Responses to Special Interrogatories and Request for Sanctions (the “Special Interrogatories Motion”) and (2) Motion to Compel Plaintiffs’ Verified Responses to Form Interrogatories and Request for Sanctions (the “Form Interrogatories Motion”). No opposition was filed.

II. Legal Standard & Discussion

A. Improper Combination of Motions

As an initial matter, the Court notes that Defendants filed four requests for relief as two Motions. Combining discovery motions allows the moving party to avoid paying the requisite filing fees. Filing fees are jurisdictional and it is mandatory for court clerks to demand and receive them. (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Here, Defendants paid two filing fees for what should have been four separate motions. Thus, the Court considers only the Special Interrogatories Motion. Before a ruling on the Form Interrogatories Motion may be issued, Defendants must pay two additional filing fees.

B. Special Interrogatories

A party must respond to interrogatories within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom interrogatories 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).) 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).) There is no time limit for a motion to compel responses to interrogatories other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020, subd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Here, Defendants’ counsel served Plaintiffs’ counsel with Special Interrogatories, Set One, one for each Plaintiff, on January 15, 2021 via email. (Special Interrogatories Mot., Kim Decl., ¶ 2, Exh. A.) Defendants’ counsel sent Plaintiffs’ counsel a letter regarding the overdue responses on March 17, 2021. (Id. at ¶ 4, Exh. B.) Defendants’ counsel also sent a follow-up email and left a voicemail for Plaintiffs’ counsel on March 29, 2021. (Id. at ¶ 5.) As of the date this Motion was filed, no discovery responses were served. (Id. at ¶ 7.) Thus, the Court finds Defendants are entitled to an order compelling Plaintiffs to serve verified responses without objections. (Code Civ. Proc., § 2030.290.)

C. Sanctions

Code of Civil Procedure section 2023.030, subdivision (a) provides, in pertinent part, that the court may impose a monetary sanction on a party engaging in the misuse of the discovery process to pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. A misuse of the discovery process includes failing to respond or submit to an authorized method of discovery. (Code Civ. Proc., § 2023.010, subd. (d).)

The Court finds Plaintiffs’ failure to respond to Defendants’ Special Interrogatories a misuse of the discovery process.

Defendants’ counsel requests sanctions of $435.00 based on three hours of attorney time billed at $125.00 per hour and one filing fee of $60.00. (Special Interrogatories Mot., Kim Decl., ¶ 8.) However, the amount sought is excessive given the simplicity of this Motion and the lack of opposition and reply. The Court finds $307.50, based on 1.5 hours of attorney time and two filing fees, one for each Plaintiff, to be reasonable. Sanctions are to be paid to Defendants’ counsel within thirty (30) days of notice of this order.

III. Conclusion & Order

For the foregoing reasons, Defendants Oscar Badillo Zambrano and Hipolito Ramirez’s Motion to Compel Plaintiffs’ Verified Responses to Special Interrogatories is GRANTED. Plaintiffs are ordered to serve verified responses without objections to Special Interrogatories, Set One, within thirty (30) days of notice of this order. Defendants’ request for sanctions is also GRANTED in the amount of $307.50 to be paid to Defendants’ counsel within thirty (30) days of notice of this order.

However, the Motion to Compel Plaintiffs’ Verified Responses to Form Interrogatories and Request for Sanctions is CONTINUED TO JUNE 15, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five (5) days before the next scheduled hearing, Defendants must pay two additional filing fees. Failure to do so will result in the Form Interrogatories Motion being placed off calendar.

Moving parties are ordered to give notice.

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