This case was last updated from Los Angeles County Superior Courts on 10/19/2021 at 00:15:57 (UTC).

VLADIMIR SEMENOV VS LUIS JIMENEZ

Case Summary

On 04/09/2020 VLADIMIR SEMENOV filed a Personal Injury - Motor Vehicle lawsuit against LUIS JIMENEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3210

  • Filing Date:

    04/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SEMENOV VLADIMIR

Defendant

JIMENEZ LUIS

Attorney/Law Firm Details

Plaintiff Attorney

KINGSTON PAUL

Defendant Attorney

CHUN DARRELL J.

 

Court Documents

Civil Case Cover Sheet - Civil Case Cover Sheet

4/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

4/9/2020: Complaint - Complaint

Summons - Summons on Complaint

4/9/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

4/9/2020: First Amended Standing Order - First Amended Standing Order

Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial Date; (Proposed) Order

9/16/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial Date; (Proposed) Order

Request (name extension) - Request TO TAKE MOTION TO COMPEL DISCOVERY RESPONSES OFF CALENDAR

9/9/2021: Request (name extension) - Request TO TAKE MOTION TO COMPEL DISCOVERY RESPONSES OFF CALENDAR

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

8/23/2021: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DARRELL J. CHUN

7/30/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DARRELL J. CHUN

Answer - Answer

2/10/2021: Answer - Answer

 

Docket Entries

  • 04/13/2023
  • Hearing04/13/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/10/2022
  • Hearing02/10/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 09/16/2021
  • DocketStipulation and Order Stipulation to Continue Trial Date; (Proposed) Order; Signed and Filed by: Luis Jimenez (Defendant); As to: Vladimir Semenov (Plaintiff)

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  • 09/16/2021
  • DocketUpdated -- Event scheduled for 10/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 09/16/2021
  • DocketPursuant to written stipulation, Jury Trial scheduled for 10/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Stipulation was rescheduled to 02/10/2022 08:30 AM

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  • 09/09/2021
  • DocketRequest TO TAKE MOTION TO COMPEL DISCOVERY RESPONSES OFF CALENDAR; Filed by: Luis Jimenez (Defendant)

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  • 09/09/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/13/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 09/09/2021

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  • 08/23/2021
  • DocketNotice of Posting of Jury Fees; Filed by: Luis Jimenez (Defendant)

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  • 08/02/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/13/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 07/30/2021
  • DocketMotion to Compel NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DARRELL J. CHUN; Filed by: Luis Jimenez (Defendant); As to: Vladimir Semenov (Plaintiff)

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  • 02/10/2021
  • DocketAnswer; Filed by: Luis Jimenez (Defendant); As to: Vladimir Semenov (Plaintiff)

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  • 04/09/2020
  • DocketComplaint; Filed by: Vladimir Semenov (Plaintiff); As to: Luis Jimenez (Defendant)

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  • 04/09/2020
  • DocketSummons on Complaint; Issued and Filed by: Vladimir Semenov (Plaintiff); As to: Luis Jimenez (Defendant)

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  • 04/09/2020
  • DocketCivil Case Cover Sheet; Filed by: Vladimir Semenov (Plaintiff); As to: Luis Jimenez (Defendant)

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  • 04/09/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/09/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/09/2020
  • DocketNon-Jury Trial scheduled for 10/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/13/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/09/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC03210 Hearing Date: September 13, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO COMPEL DISCOVERY RESPONSES

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MOVING PARTY: Defendant\r\nLuis Jimenez

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RESP. PARTY: None

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MOTION TO COMPEL RESPONSES TO INTERROGATORIES; REQUEST FOR SANCTIONS

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(CCP § 2030.290)

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TENTATIVE RULING:

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Defendant Luis Jimenez’s Motion to\r\nCompel Discovery Responses is GRANTED. Plaintiff is ordered to serve verified\r\nresponses without objections to the Form Interrogatories, Set One, within\r\nthirty (30) days of notice of this order. Defendant’s request for sanctions is\r\nalso GRANTED in the amount of $265.00 to be paid to Defendant’s counsel within\r\nthirty (30) days of notice of this order.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of September\r\n9, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof September 9, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n

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Plaintiff Vladimir Semenov (“Plaintiff”) filed an action\r\nagainst Defendant Luis Jimenez (“Defendant”) on April 9, 2020. Defendant filed\r\nan Answer on February 10, 2021.

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On July 30, Defendant filed the instant Motion to Compel\r\nDiscovery Responses (the “Motion”). No opposition was filed.

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II. \r\nLegal\r\nStandard & Discussion

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A. Form Interrogatories

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A party must respond to interrogatories within 30 days\r\nafter service. (Code Civ. Proc., § 2030.260, subd. (a).) If a party to whom\r\ninterrogatories are directed does not provide timely responses, the requesting\r\nparty may move for an order compelling responses to the discovery. (Code Civ.\r\nProc., § 2030.290, subd. (b).) The party also waives the\r\nright to make any objections, including one based on privilege or work-product\r\nprotection. (Code Civ. Proc., § 2030.290, subd. (a).) There is no time limit\r\nfor a motion to compel responses to interrogatories other than the cut-off on\r\nhearing discovery motions 15 days before trial. (Code Civ. Proc., § 2024.020,\r\nsubd. (a); Code Civ. Proc., 2030.290.) No meet and confer efforts are required\r\nbefore filing a motion to compel responses to the discovery. (Code Civ. Proc.,\r\n§ 2030.290; Sinaiko Healthcare Consulting,\r\nInc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390,\r\n411.)

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Here, Defendant’s counsel served Plaintiff’s\r\ncounsel with Form Interrogatories, Set One, on February 10, 2021 via regular\r\nmail. (Mot., Chun Decl., ¶ 2, Exh. A.) On April 14, Plaintiff’s counsel\r\nrequested an extension, which Defendant’s counsel granted until May 17. (Id.\r\nat ¶ 6.) Defendant’s counsel sent a meet and confer letter to Plaintiff’s\r\ncounsel on June 1 regarding the overdue responses and unilaterally granted an\r\nadditional 10-day extension. (Id.) As of the date this Motion was filed,\r\nhowever, Plaintiff had not yet served any responses. (Id. at ¶ 7.) Thus,\r\nDefendant is entitled to an order compelling Plaintiff to serve verified\r\nresponses without objections. (Code Civ. Proc., § 2030.290.)

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B. Sanctions

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Code of Civil Procedure section 2023.030, subdivision (a)\r\nprovides, in pertinent part, that the court may impose a monetary sanction on a\r\nparty engaging in the misuse of the discovery process to pay the reasonable\r\nexpenses, including attorney’s fees, incurred by anyone as a result of that\r\nconduct. A misuse of the discovery process includes failing to respond or\r\nsubmit to an authorized method of discovery. (Code Civ. Proc., § 2023.010,\r\nsubd. (d).)

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The Court finds Plaintiff’s failure\r\nto respond to Defendant’s Form Interrogatories a misuse of the discovery\r\nprocess.

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Defendant seeks sanctions of $565\r\nbased on 3.5 hours of attorney time billed at $150.00 per hour and one filing\r\nfee of $40.00. (Mot., Chun Decl., ¶ 8.) The amount sought is excessive,\r\nhowever, given the simplicity of this Motion and the lack of opposition and\r\nreply. The Court finds $265, based on 1.5 hours of attorney time plus the\r\nrequested $40 filing fee, to be reasonable.

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Defendant\r\nLuis Jimenez’s Motion to Compel Discovery Responses is GRANTED. Plaintiff is\r\nordered to serve verified responses without objections to the Form\r\nInterrogatories, Set One, within thirty (30) days of notice of this order. Defendant’s\r\nrequest for sanctions is also GRANTED in the amount of $265.00 to be paid to\r\nDefendant’s counsel within thirty (30) days of notice of this order.

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Moving party is ordered to give\r\nnotice.

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