This case was last updated from Los Angeles County Superior Courts on 08/08/2021 at 06:58:17 (UTC).

VICTORIANO FRAUSTO VS RENATO TEODORO CAUILANUMAYAM

Case Summary

On 02/14/2019 VICTORIANO FRAUSTO filed a Personal Injury - Motor Vehicle lawsuit against RENATO TEODORO CAUILANUMAYAM. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1552

  • Filing Date:

    02/14/2019

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

FRAUSTO VICTORIANO

Defendant

CAUILANUMAYAM RENATO TEODORO

Attorney/Law Firm Details

Plaintiff Attorney

GARCIA EDGARDO

Defendant Attorney

HONG LYNDON HYON

 

Court Documents

Request for Dismissal - Request for Dismissal

8/2/2021: Request for Dismissal - Request for Dismissal

Separate Statement - Separate Statement

6/14/2021: Separate Statement - Separate Statement

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

6/14/2021: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Notice (name extension) - Notice of Ruling re Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories and Request for Production and Sanctions

6/14/2021: Notice (name extension) - Notice of Ruling re Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories and Request for Production and Sanctions

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF VICTORIANO FRAUSTO'S RESPONSES TO FORM INTERROGATORIES

4/2/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF VICTORIANO FRAUSTO'S RESPONSES TO FORM INTERROGATORIES

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF VICTORIANO FRAUSTO'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

4/2/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF VICTORIANO FRAUSTO'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

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

4/26/2021: Notice (name extension) - Notice of Non Opposition to Defendant's Motion to Compel Plaintiff's Responses to Request for Production of Documents

Notice (name extension) - Notice of Non-Opposition to Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories

4/26/2021: Notice (name extension) - Notice of Non-Opposition to Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories

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

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

Answer - Answer

8/21/2020: Answer - Answer

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

8/21/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Proof of Personal Service - Proof of Personal Service

3/18/2020: Proof of Personal Service - Proof of Personal Service

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/26/2020

5/26/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/26/2020

Minute Order - Minute Order (Court Order)

5/26/2020: Minute Order - Minute Order (Court Order)

Civil Case Cover Sheet - Civil Case Cover Sheet

2/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

2/14/2019: Complaint - Complaint

Summons - Summons on Complaint

2/14/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

2/14/2019: First Amended Standing Order - First Amended Standing Order

7 More Documents Available

 

Docket Entries

  • 08/03/2021
  • DocketNon-Jury Trial scheduled for 10/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/03/2021

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  • 08/02/2021
  • DocketOn the Complaint filed by Victoriano Frausto on 02/14/2019, entered Request for Dismissal with prejudice filed by Victoriano Frausto as to the entire action

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  • 07/06/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Further Discovery Responses scheduled for 07/19/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 07/06/2021

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  • 06/15/2021
  • DocketUpdated -- Motion to Compel Further Discovery Responses TO COMPEL PLAINTIFF?S FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,260.00;: Name Extension: TO COMPEL PLAINTIFF?S FURTHER RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,260.00;; As To Parties changed from Victoriano Frausto (Plaintiff) to Victoriano Frausto (Plaintiff)

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  • 06/15/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 07/19/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 06/14/2021
  • DocketNotice of Ruling re Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories and Request for Production and Sanctions; Filed by: Renato Teodoro Cauilanumayam (Defendant); As to: Victoriano Frausto (Plaintiff); Renato Teodoro Cauilanumayam (Defendant)

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  • 06/14/2021
  • DocketMotion to Compel Further Discovery Responses; Filed by: Renato Teodoro Cauilanumayam (Defendant); As to: Victoriano Frausto (Plaintiff)

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  • 06/14/2021
  • DocketSeparate Statement; Filed by: Renato Teodoro Cauilanumayam (Defendant)

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  • 05/05/2021
  • DocketNon-Jury Trial scheduled for 10/05/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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

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15 More Docket Entries
  • 05/26/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 02/17/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 05/26/2020

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  • 03/18/2020
  • DocketProof of Personal Service; Filed by: Victoriano Frausto (Plaintiff); As to: Renato Teodoro Cauilanumayam (Defendant); Service Date: 03/08/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 02/14/2019
  • DocketComplaint; Filed by: Victoriano Frausto (Plaintiff); As to: Renato Teodoro Cauilanumayam (Defendant)

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  • 02/14/2019
  • DocketSummons on Complaint; Issued and Filed by: Victoriano Frausto (Plaintiff); As to: Renato Teodoro Cauilanumayam (Defendant)

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  • 02/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Victoriano Frausto (Plaintiff); As to: Renato Teodoro Cauilanumayam (Defendant)

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  • 02/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/14/2019
  • DocketNon-Jury Trial scheduled for 08/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/14/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/14/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC01552    Hearing Date: May 5, 2021    Dept: 26

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND DEMAND FOR PRODUCTION; REQUEST FOR SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Renato Teodoro Cauilanumayam (1) Motion To Compel Responses To Form Interrogatories and Request for Sanctions; and (2) Motion To Compel Responses To Request For Production Of Documents and Request for Sanctions are GRANTED. PLAINTIFF VICTORIANO FRAUSTO IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $320.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Renato Teodoro Cauilanumayam (“Defendant”) propounded Form Interrogatories and Requests for Production of Documents on Plaintiff Victoriano Frausto (“Plaintiff”) on November 9, 2020. (Motions, Hong Decl., Exh. C.) Following Plaintiff’s failure to provide timely responses, defense counsel sent meet and confer letters to Plaintiff’s counsel. (Id. at Exhs. D-E.) Following no response from Plaintiff, Defendant filed the instant (1) Motion To Compel Responses To Form Interrogatories, Set One; and (2) Motion To Compel Responses To Demand For Production Of Documents on April 2, 2021. (Id. at ¶11.)

Based on Plaintiff’s failure to serve initial responses, the Motions to compel responses to the form interrogatories and request for production are granted. There is no requirement for a prior meet and confer effort before a motion to compel initial responses or deem admissions admitted can be filed. (Code Civ. Proc., §§ 2030.290, 2031.300.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., §§ 2030.290, 2031.300.)

Plaintiff’s failure to respond is a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions are appropriate under Code of Civil Procedure sections 2023.010 and 2023.030 and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Therefore, the requests for sanctions are granted against Plaintiff in the amount of $320.00 based on one hour of attorney time billed at $200.00 an hour, plus $120.00 in costs. (Motions, Hong Decl., ¶13.)

Conclusion

Defendant Renato Teodoro Cauilanumayam (1) Motion To Compel Responses To Form Interrogatories and Request for Sanctions; and (2) Motion To Compel Responses To Request For Production Of Documents and Request for Sanctions are GRANTED. PLAINTIFF VICTORIANO FRAUSTO IS TO SERVE VERIFIED RESPONSES WITHOUT OBJECTION TO THE FORM INTERROGATORIES AND REQUESTS FOR PRODUCTION WITHIN 20 DAYS’ SERVICE OF THIS ORDER. PLAINTIFF AND COUNSEL OF RECORD ARE JOINTLY AND SEVERALLY ORDERED TO PAY SANCTIONS OF $320.00 TO DEFENSE COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

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