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.
*******3348
04/04/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
ROSADO VERNON
ROSADO CHRISTOPHER
ABBOTT REBECCA
INCLUSIVE DOES 1 THROUGH 50
KINGSTON PAUL
CARRANZA JESSICA E.
10/16/2019: Answer - Answer
10/16/2019: Demand for Jury Trial - Demand for Jury Trial
10/16/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
11/8/2019: Notice of Change of Firm Name - Notice of Change of Firm Name
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;
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;
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
6/2/2020: Minute Order - Minute Order (Court Order)
6/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/02/2020
9/2/2020: Minute Order - Minute Order (Court Order)
9/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/02/2020
9/16/2020: Notice (name extension) - Notice OF CANCELLATION OF HEARING
4/4/2019: Complaint - Complaint
4/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
4/4/2019: First Amended Standing Order - First Amended Standing Order
4/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/4/2019: Summons - Summons on Complaint
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
Hearing03/01/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice OF CANCELLATION OF HEARING; Filed by: Rebecca Abbott (Defendant); As to: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff)
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
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
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
DocketNon-Jury Trial scheduled for 03/01/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 09/02/2020; Filed by: Clerk
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
DocketDemand for Jury Trial; Filed by: Rebecca Abbott (Defendant)
DocketAnswer; Filed by: Rebecca Abbott (Defendant)
DocketNon-Jury Trial scheduled for 10/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)
DocketSummons on Complaint; Issued and Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)
DocketCivil Case Cover Sheet; Filed by: Vernon Rosado (Plaintiff); Christopher Rosado (Plaintiff); As to: Rebecca Abbott (Defendant); DOES 1 through 50, Inclusive (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.