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
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Case Number:
*******3348
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Filing Date:
04/04/2019
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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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
Court documents are not available for this case.
Docket Entries
- 04/07/2022
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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
- 06/14/2021
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Hearing06/14/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 03/01/2021
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DocketStipulation and Order TO CONTINUE TRIAL; Signed and Filed by: Rebecca Abbott (Defendant); As to: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff)
- 03/01/2021
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DocketNon-Jury Trial scheduled for 06/14/2021 at 08:30 AM in Spring Street Courthouse at Department 26
- 03/01/2021
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DocketMinute Order (Non-Jury Trial;)
- 03/01/2021
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DocketPursuant to written stipulation, Non-Jury Trial scheduled for 03/01/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 06/14/2021 08:30 AM
- 09/16/2020
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DocketNotice OF CANCELLATION OF HEARING; Filed by: Rebecca Abbott (Defendant); As to: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff)
- 09/16/2020
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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
- 09/16/2020
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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
- 09/16/2020
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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
- 10/16/2019
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DocketDemand for Jury Trial; Filed by: Rebecca Abbott (Defendant)
- 10/16/2019
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DocketAnswer; Filed by: Rebecca Abbott (Defendant)
- 04/05/2019
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DocketNon-Jury Trial scheduled for 10/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/05/2019
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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
- 04/05/2019
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DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
- 04/04/2019
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DocketComplaint; Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)
- 04/04/2019
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DocketSummons on Complaint; Issued and Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)
- 04/04/2019
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DocketCivil Case Cover Sheet; Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)
- 04/04/2019
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 04/04/2019
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DocketFirst Amended Standing Order; Filed by: Clerk
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.
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