This case was last updated from Los Angeles County Superior Courts on 05/14/2020 at 02:14:31 (UTC).

UNJOHNA N WEATHERS, ET AL. VS JASON JAMES PAYNE

Case Summary

On 11/13/2018 UNJOHNA N WEATHERS filed a Personal Injury - Motor Vehicle lawsuit against JASON JAMES PAYNE. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3803

  • Filing Date:

    11/13/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

WEATHERS UNJOHNA N

SPEED DALIN

Defendant

PAYNE JASON JAMES

Attorney/Law Firm Details

Plaintiff Attorney

SHKOLNIKOV EDWARD

Defendant Attorney

HSU STEPHEN IMMANUEL

 

Court Documents

Notice (name extension) - Notice Notice of Change of Email Address

8/23/2019: Notice (name extension) - Notice Notice of Change of Email Address

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

2/26/2020: Minute Order - Minute Order (Hearing on Motion to Dismiss)

Judgment - Judgment JUDGMENT FOR DEFENDANT

3/25/2020: Judgment - Judgment JUDGMENT FOR DEFENDANT

Notice of Ruling - Notice of Ruling

8/19/2019: Notice of Ruling - Notice of Ruling

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF DALIN SPEED'S ATTENDANCE AND TESTIMONY AT DEPOSITION

6/4/2019: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF DALIN SPEED'S ATTENDANCE AND TESTIMONY AT DEPOSITION

Motion to Dismiss - Motion to Dismiss

6/10/2019: Motion to Dismiss - Motion to Dismiss

Motion to Dismiss - Motion to Dismiss

6/10/2019: Motion to Dismiss - Motion to Dismiss

Motion to Compel (name extension) - Motion to Compel Notice of Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and for an Order Imposing Monetary Sanctions;

3/14/2019: Motion to Compel (name extension) - Motion to Compel Notice of Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and for an Order Imposing Monetary Sanctions;

Motion to Compel (name extension) - Motion to Compel Notice of Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and for an Order Imposing Monetary Sanctions;

3/14/2019: Motion to Compel (name extension) - Motion to Compel Notice of Motion for Order Compelling Responses to Demand for Inspection and Production of Documents and for an Order Imposing Monetary Sanctions;

Motion to Compel (name extension) - Motion to Compel Notice of Motion for Order Compelling Responses to Form Interrogatories and For An Order Imposing Monetary Sanctions; Memorandum of Points and Auth

3/14/2019: Motion to Compel (name extension) - Motion to Compel Notice of Motion for Order Compelling Responses to Form Interrogatories and For An Order Imposing Monetary Sanctions; Memorandum of Points and Auth

Notice of Ruling - Notice of Ruling

5/1/2019: Notice of Ruling - Notice of Ruling

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

5/2/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Answer - Answer

1/2/2019: Answer - Answer

Proof of Personal Service - Proof of Personal Service

12/10/2018: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

11/13/2018: Summons - Summons on Complaint

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

11/13/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

18 More Documents Available

 

Docket Entries

  • 03/25/2020
  • DocketJudgment JUDGMENT FOR DEFENDANT; Filed by: Jason James Payne (Defendant); As to: Unjohna N Weathers (Plaintiff); Dalin Speed (Plaintiff)

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  • 03/25/2020
  • DocketUpdated -- Judgment JUDGMENT FOR DEFENDANT: Status changed from Filed to Signed and Filed

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  • 03/25/2020
  • DocketOn the Complaint filed by Unjohna N Weathers, et al. on 11/13/2018, entered Order for Dismissal with prejudice as to the entire action

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  • 02/28/2020
  • DocketNotice of Ruling; Filed by: Jason James Payne (Defendant)

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  • 02/28/2020
  • DocketNon-Jury Trial scheduled for 05/12/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/28/2020

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  • 02/28/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 02/28/2020

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  • 02/27/2020
  • DocketMinute Order (Hearing on Motion to Dismiss)

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  • 02/27/2020
  • DocketHearing on Motion to Dismiss scheduled for 02/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/27/2020; Result Type to Held - Motion Granted

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  • 02/26/2020
  • DocketMinute Order (Hearing on Motion to Dismiss)

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  • 02/26/2020
  • DocketHearing on Motion to Dismiss scheduled for 02/26/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/26/2020; Result Type to Held - Motion Granted

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33 More Docket Entries
  • 12/28/2018
  • DocketNotice of Deposit - Jury; Filed by: Jason James Payne (Defendant)

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  • 12/10/2018
  • DocketProof of Personal Service; Filed by: Unjohna N Weathers (Plaintiff); As to: Jason James Payne (Defendant)

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  • 11/13/2018
  • DocketComplaint; Filed by: Unjohna N Weathers (Plaintiff); Dalin Speed (Plaintiff); As to: Jason James Payne (Defendant)

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  • 11/13/2018
  • DocketCivil Case Cover Sheet; Filed by: Unjohna N Weathers (Plaintiff); Dalin Speed (Plaintiff)

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  • 11/13/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/13/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/13/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/13/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 11/13/2018
  • DocketNon-Jury Trial scheduled for 05/12/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC13803    Hearing Date: February 27, 2020    Dept: 26

Weathers, et al. v. Payne, et al.

MOTION FOR TERMINATING SANCTIONS

(CCP § 2023.010)

TENTATIVE RULING:

Defendant Jason James Payne’s Motion to Dismiss is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS. THE COURT HEREBY DISMISSES THE COMPLAINT OF DALIN SPEED WITH PREJUDICE.

ANALYSIS:

Plaintiffs Unjohna Weathers and Dalin Speed (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Jason James Payne (“Defendant”) on November 13, 2018. On April 30, 2019, the Court granted Defendant’s motion compelling Plaintiffs’ responses to Form Interrogatories, Set One and request for monetary sanctions. On May 2, 2019, the Court granted Defendant’s motion compelling Plaintiffs’ responses to Request for Production, Set One and request for monetary sanctions. Finally, on August 19, 2019, the Court granted Defendant’s motion compelling Plaintiffs’ attendance at deposition and request for monetary sanctions.

Prior to the Court granting the motion to compel Plaintiffs’ depositions, Defendant filed the instant Motions to Dismiss Plaintiff Speed’s Action on June 10, 2019. To date, no opposition has been filed.

Discussion

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subds. (d), (g); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) The court should look to the totality of the circumstances in determining whether terminating sanctions are appropriate. (Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.) 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.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) “The court may impose a terminating sanction by one of the following orders:

An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process.

An order staying further proceedings by that party until an order for discovery is obeyed.

An order dismissing the action, or any part of the action, of that party.

An order rendering a judgment by default against that party.”

(Code Civ. Proc., § 2023.030, subd. (d).)

The court finds that terminating sanctions are warranted here. Following the Court’s rulings regarding Defendant’s discovery requests, Defendant served notice of the orders on Plaintiffs by mail. (Notice of Ruling, filed 05/01/19; Notice of Ruling, filed 05/06/19; Motion, Hsu Decl., ¶¶2-3 and Exhs. A-B.) Despite notice of the Court’s orders, Plaintiff Speed never served responses to the discovery requests. (Motion, Hsu Decl., ¶4.) Given the notice provided, the Court finds Plaintiff Speed’s failure to serve responses to be a willful failure to comply with the April 30, 2019 and May 2, 2019 orders. Furthermore, although Plaintiff Speed was properly served with the instant Motion to Dismiss, he has not opposed it. Although terminating sanctions are a harsh penalty, the above evidence demonstrates that Plaintiff Speed’s compliance with the Court’s orders cannot be achieved through lesser sanctions. Indeed, it appears that Plaintiff Speed has no intention of complying with the Court’s orders or prosecuting his claims against Defendant. “The court [is] not required to allow a pattern of abuse to continue ad infinitum.” (Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 280.) However, the Court declines to order monetary sanctions as they have been previously awarded and ignored by Plaintiff Speed. Additional orders for monetary sanctions, therefore, would be futile.

Conclusion

Defendant Jason James Payne’s Motion to Dismiss is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS. THE COURT HEREBY DISMISSES THE COMPLAINT OF DALIN SPEED WITH PREJUDICE.

Moving party to give notice.

Case Number: 18STLC13803    Hearing Date: February 26, 2020    Dept: 26

Weathers, et al. v. Payne, et al.

MOTION FOR TERMINATING SANCTIONS

(CCP § 2023.010)

TENTATIVE RULING:

Defendant Jason James Payne’s Motion to Dismiss is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS. THE COURT HEREBY DISMISSES THE COMPLAINT OF UNJOHNA N. WEATHERS WITH PREJUDICE.

ANALYSIS:

Plaintiffs Unjohna Weathers and Dalin Speed (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Jason James Payne (“Defendant”) on November 13, 2018. On April 30, 2019, the Court granted Defendant’s motion compelling Plaintiffs’ responses to Form Interrogatories, Set One and request for monetary sanctions. On May 2, 2019, the Court granted Defendant’s motion compelling Plaintiffs’ responses to Request for Production, Set One and request for monetary sanctions. Finally, on August 19, 2019, the Court granted Defendant’s motion compelling Plaintiffs’ attendance at deposition and request for monetary sanctions.

Prior to the Court granting the motion to compel Plaintiffs’ depositions, Defendant filed the instant Motions to Dismiss Plaintiff Unjohna Weathers’ Action on June 10, 2019. To date, no opposition has been filed.

Discussion

Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc., §§ 2023.010, subds. (d), (g); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) The court should look to the totality of the circumstances in determining whether terminating sanctions are appropriate. (Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.) 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.) “[A] penalty as severe as dismissal or default is not authorized where noncompliance with discovery is caused by an inability to comply rather than willfulness or bad faith.” (Brown v. Sup. Ct. (1986) 180 Cal.App.3d 701, 707.) “The court may impose a terminating sanction by one of the following orders:

An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process.

An order staying further proceedings by that party until an order for discovery is obeyed.

An order dismissing the action, or any part of the action, of that party.

An order rendering a judgment by default against that party.”

(Code Civ. Proc., § 2023.030, subd. (d).)

The court finds that terminating sanctions are warranted here. Following the Court’s rulings regarding Defendant’s discovery requests, Defendant served notice of the orders on Plaintiffs by mail. (Notice of Ruling, filed 05/01/19; Notice of Ruling, filed 05/06/19; Motion, Hsu Decl., ¶¶2-3 and Exhs. A-B.) Despite notice of the Court’s orders, Plaintiff Weathers never served responses to the discovery requests. (Motion, Hsu Decl., ¶4.) Given the notice provided, the Court finds Plaintiff Weathers’ failure to serve responses to be a willful failure to comply with the April 30, 2019 and May 2, 2019 orders. Furthermore, although Plaintiff Weathers was properly served with the instant Motion to Dismiss, she has not opposed it. Although terminating sanctions are a harsh penalty, the above evidence demonstrates that Plaintiff Weathers’ compliance with the Court’s orders cannot be achieved through lesser sanctions. Indeed, it appears that Plaintiff Weathers has no intention of complying with the Court’s orders or prosecuting her claims against Defendant. “The court [is] not required to allow a pattern of abuse to continue ad infinitum.” (Mileikowsky v. Tenet Healthsystem (2005) 128 Cal.App.4th 262, 280.) However, the Court declines to order monetary sanctions as they have been previously awarded and ignored by Plaintiff Weathers. Additional orders for monetary sanctions, therefore, would be futile.

Conclusion

Defendant Jason James Payne’s Motion to Dismiss is GRANTED AS TO TERMINATING SANCTIONS AND DENIED AS TO MONETARY SANCTIONS. THE COURT HEREBY DISMISSES THE COMPLAINT OF UNJOHNA N. WEATHERS WITH PREJUDICE.

Moving party to give notice.