This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 02:00:38 (UTC).

VERNON ROSADO, ET AL. VS REBECCA ABBOTT, ET AL.

Case Summary

On 04/04/2019 VERNON ROSADO filed a Personal Injury - Motor Vehicle lawsuit against REBECCA ABBOTT. 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:

    *******3348

  • Filing Date:

    04/04/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiffs

ROSADO VERNON

ROSADO CHRISTOPHER

Defendants

ABBOTT REBECCA

INCLUSIVE DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff Attorney

KINGSTON PAUL

Defendant Attorney

CARRANZA JESSICA E.

 

Court Documents

Answer - Answer

10/16/2019: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

10/16/2019: Demand for Jury Trial - Demand for Jury Trial

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

10/16/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Notice of Change of Firm Name - Notice of Change of Firm Name

11/8/2019: Notice of Change of Firm Name - Notice of Change of Firm Name

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFFS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS;

5/28/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFFS TO SERVE VERIFIED RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS;

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFFS TO SERVE VERIFIED RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS;

5/28/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFFS TO SERVE VERIFIED RESPONSES TO FORM INTERROGATORIES; REQUEST FOR SANCTIONS;

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFFS TO SERVE VERIFIED RESPONSES TO DEMAND FOR PRODUCTION AND INSPECTION OF DOCUMENTS; REQUE

5/28/2020: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFFS TO SERVE VERIFIED RESPONSES TO DEMAND FOR PRODUCTION AND INSPECTION OF DOCUMENTS; REQUE

Minute Order - Minute Order (Court Order)

6/2/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/02/2020

6/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/02/2020

Minute Order - Minute Order (Court Order)

9/2/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/02/2020

9/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/02/2020

Notice (name extension) - Notice OF CANCELLATION OF HEARING

9/16/2020: Notice (name extension) - Notice OF CANCELLATION OF HEARING

Complaint - Complaint

4/4/2019: Complaint - Complaint

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

4/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

4/4/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

4/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

4/4/2019: Summons - Summons on Complaint

5 More Documents Available

 

Docket Entries

  • 04/07/2022
  • Hearing04/07/2022 at 10:30 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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  • 03/01/2021
  • Hearing03/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/16/2020
  • DocketNotice OF CANCELLATION OF HEARING; Filed by: Rebecca Abbott (Defendant); As to: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff)

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  • 09/16/2020
  • DocketHearing on Motion to Compel Plaintiff to Serve Verified Responses to Form Interrogatories; Request for Sanctions scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 09/16/2020

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  • 09/16/2020
  • DocketHearing on Motion to Compel Plaintiff to Serve Verified Responses to Demand for Production and Inspection of Documents; Request for Sanctions scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 09/16/2020

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  • 09/16/2020
  • DocketHearing on Motion to Compel Plaintiff to Serve Verified Responses to Special Interrogatories; Request for Sanctions scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 09/16/2020

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  • 09/02/2020
  • DocketNon-Jury Trial scheduled for 03/01/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/02/2020
  • DocketMinute Order (Court Order)

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  • 09/02/2020
  • DocketCertificate of Mailing for (Court Order) of 09/02/2020; Filed by: Clerk

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  • 09/02/2020
  • 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 03/01/2021 08:30 AM

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11 More Docket Entries
  • 10/16/2019
  • DocketDemand for Jury Trial; Filed by: Rebecca Abbott (Defendant)

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  • 10/16/2019
  • DocketAnswer; Filed by: Rebecca Abbott (Defendant)

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  • 04/05/2019
  • DocketNon-Jury Trial scheduled for 10/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/05/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/04/2019
  • DocketComplaint; Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)

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  • 04/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)

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  • 04/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)

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  • 04/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC03348    Hearing Date: September 17, 2020    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUESTS FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP § 2030.290, 2031.290)

TENTATIVE RULING:

DEFENDANT REBECCA ABBOTT’S MOTIONS TO COMPEL PLAINTIFFS’ VERIFIED RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR MONETARY SANCTIONS ARE DENIED.

ANALYSIS:

Defendant Rebecca Abbott (“Defendant”) propounded Form Interrogatories, Special Interrogatories, and Requests for Production of Documents on Plaintiffs Vernon Rosado and Christopher Rosado (“Plaintiffs”) on October 16, 2019. (Motions, Huizar Decl., Exh. A.) On May 28, 2020, Defendant filed the instant Motions for an order compelling Plaintiffs’ responses to the written discovery and award of sanctions. To date, no opposition has been filed.

Discussion

The Court finds the Motions to Compel procedurally defective in a number of respects. First, no proof of service demonstrating service of the notice of hearing on Plaintiffs has been filed. The Motions were set for hearing by order of Court on June 2, 2020 and notice of the order was mailed only to defense counsel. (Certificate of Mailing, filed 6/2/20.) The order instructed moving party to give notice of the hearing, however, no proof of service of the notice of hearing on Plaintiffs has been filed with the Court. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Second, Defendant Abbot has improperly combined the Motions to Compel responses to each type of discovery request for both Plaintiffs. Only three Motions to Compel were filed with respect to six separate sets of discovery. Combining the Motions to Compel negatively impacts the Court’s calendar by placing more motions on the calendar than slots have been provided by the online reservation system. Furthermore, it allows the moving party to avoid paying the requisite filing fees. “[I]t is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.) Three additional filing fees should have been paid to bring this matter properly before the Court.

Based on the foregoing defects, DEFENDANT REBECCA ABBOTT’S MOTIONS TO COMPEL PLAINTIFFS’ VERIFIED RESPONSES TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUESTS FOR MONETARY SANCTIONS ARE DENIED.

Court clerk to give notice.