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This case was last updated from Los Angeles County Superior Courts on 08/27/2020 at 09:21:36 (UTC).

WILLIE LEE BARNES, JR. VS MARTHA BUJOSA

Case Summary

On 03/18/2020 WILLIE LEE BARNES, JR filed a Personal Injury - Motor Vehicle lawsuit against MARTHA BUJOSA. 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:

    *******2604

  • Filing Date:

    03/18/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

BARNES WILLIE LEE JR.

Defendant

BUJOSA MARTHA

Attorney/Law Firm Details

Plaintiff Attorney

CUNNINGHAM DARLA ANN

Defendant Attorney

KOTHARY PRITESH

 

Court Documents

Declaration (name extension) - Declaration Declaration ISO Motion to be Relieved

7/21/2020: Declaration (name extension) - Declaration Declaration ISO Motion to be Relieved

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

7/21/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

4/20/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

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

4/20/2020: Notice of Change of Firm Name - Notice of Change of Firm Name

General Denial - General Denial

4/20/2020: General Denial - General Denial

Proof of Personal Service - Proof of Personal Service

3/30/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

3/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

3/18/2020: Summons - Summons on Complaint

Complaint - Complaint

3/18/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

3/18/2020: First Amended Standing Order - First Amended Standing Order

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

3/18/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

3/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/18/2020: Complaint - Complaint

Summons - Summons on Complaint

3/18/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

3/18/2020: First Amended Standing Order - First Amended Standing Order

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

3/18/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 03/22/2023
  • Hearing03/22/2023 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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  • 09/15/2021
  • Hearing09/15/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/21/2020
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Willie Lee Barnes, Jr. (Plaintiff)

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  • 07/21/2020
  • DocketDeclaration Declaration ISO Motion to be Relieved; Filed by: Willie Lee Barnes, Jr. (Plaintiff)

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  • 04/20/2020
  • DocketGeneral Denial; Filed by: Martha Bujosa (Defendant)

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  • 04/20/2020
  • DocketNotice of Posting of Jury Fees; Filed by: Martha Bujosa (Defendant)

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  • 04/20/2020
  • DocketNotice of Change of Firm Name; Filed by: Martha Bujosa (Defendant); New Firm Name: LAW OFFICES OF SANTA CRUZ, CANNON & KOTHARY

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  • 04/20/2020
  • DocketUpdated -- Pritesh Kothary (Attorney): Organization Name changed from Santa Cruz, Brownwood & Cannon to LAW OFFICES OF SANTA CRUZ, CANNON & KOTHARY

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  • 03/30/2020
  • DocketProof of Personal Service; Filed by: Willie Lee Barnes, Jr. (Plaintiff); As to: Martha Bujosa (Defendant); Service Date: 03/25/2020; Service Cost: 82.00; Service Cost Waived: No

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  • 03/20/2020
  • DocketNon-Jury Trial scheduled for 09/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 03/18/2020
  • DocketComplaint; Filed by: Willie Lee Barnes, Jr. (Plaintiff); As to: Martha Bujosa (Defendant)

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  • 03/18/2020
  • DocketSummons on Complaint; Issued and Filed by: Willie Lee Barnes, Jr. (Plaintiff); As to: Martha Bujosa (Defendant)

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  • 03/18/2020
  • DocketCivil Case Cover Sheet; Filed by: Willie Lee Barnes, Jr. (Plaintiff); As to: Martha Bujosa (Defendant)

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  • 03/18/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/18/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC02604    Hearing Date: March 24, 2021    Dept: 25

HEARING DATE: Wed., March 24, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Barnes v. Bujosa COMPL. FILED: 03-18-20

CASE NUMBER: 20STLC02604 DISC. C/O: NONE

NOTICE: NO DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Darla Cunningham

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel’s Darla Cunningham’s Motion to be Relieved as Counsel is PLACED OFF CALENDAR

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 22, 2021 [ ] Late [X] None

REPLY: None filed as of March 22, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On March 18, 2020, Plaintiff Willie Lee Barnes, Jr. (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Martha Bujosa (“Defendant”). Defendant filed a general denial on April 20, 2020.

Plaintiff’s Counsel Darla A. Cunningham with the firm Lerner, Moore, Silva, Cunningham & Rubel (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”) on July 21, 2020.

At the initial February 1, 2021 hearing, the Court noted Counsel did not file Forms MC-052 and MC-053 as required by California Rules of Court, rule 3.1362. (2/1/21 Minute Order.) In addition, the moving papers were served by mail, but Counsel did not state whether she verified the mailing address was current or was unable to do so despite making reasonable efforts. (Id.) The moving papers were also served via email, but Counsel did not provide the email address at which the papers were served. (Id.) The Court ordered Counsel to file and serve supplemental papers correcting the noted errors and warned that failure to do so could result in the Motion being placed off calendar or denied. (Id.) Counsel was also ordered to give notice. (Id.)

To date, Counsel has not filed any supplemental papers or a proof of service indicating she gave notice of this continued hearing. Accordingly, the Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel’s Darla Cunningham’s Motion to be Relieved as Counsel is PLACED OFF CALENDAR

Plaintiff’s Counsel is ordered to give notice.

Case Number: 20STLC02604    Hearing Date: March 01, 2021    Dept: 25

HEARING DATE: Mon., March 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Barnes v. Bujosa COMPL. FILED: 03-18-20

CASE NUMBER: 20STLC02604 DISC. C/O: NONE

NOTICE: OK DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: (1, 2, & 3) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR SANCTIONS

MOVING PARTY: Defendant Martha Bujosa

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Because Defendant Martha Bujosa’s discovery requests exceed what is permitted in limited jurisdiction courts, Defendant’s Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production are DENIED WITHOUT PREJUDICE.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of February 25, 2021 [ ] Late [X] None

REPLY: None filed as of February 25, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 18, 2020, Plaintiff Willie Lee Barnes, Jr. (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Martha Bujosa (“Defendant”). Defendant filed an Answer on April 20, 2020.

Plaintiff’s counsel filed a motion to be relieved as counsel on July 21, 2020, which was initially heard on February 1, 2021. (2/1/21 Minute Order.) The hearing on the motion to be relieved was continued because counsel did not file required forms MC-052 and MC-053 and because it was unclear whether Plaintiff was properly served with the motion. (Id.) The continued hearing is scheduled for March 24, 2021. (Id.)

On September 2, 2020, Defendant filed the instant (1) Motion to Compel Responses to Form Interrogatories, Set One, and Request for Sanctions (the “Form Interrogatories Motion”); (2) Motion to Compel Responses to Request for Production of Documents, Set One, and Request for Sanctions (the “Production Motion”); and (3) Motion to Compel Responses to Special Interrogatories, Set One, and Request for Sanction (the “Special Interrogatories Motion”) (collectively, the “Motions”).

To date, no opposition has been filed.

  1. Legal Standard & Discussion

A. Request for Production & Interrogatories

A party must respond to interrogatories and requests for production of documents within 30 days after service. (Code Civ. Proc., § 2030.260, subd. (a); Code Civ. Proc., § 2031.260, subd. (a).) If a party to whom interrogatories or requests for production of documents are directed does not provide timely responses, the requesting party may move for an order compelling responses to the discovery. (Code Civ. Proc., § 2030.290, subd. (b); Code Civ. Proc., § 2031.300, subd. (c).) The party also waives the right to make any objections, including one based on privilege or work-product protection. (Code Civ. Proc., § 2030.290, subd. (a); Code Civ. Proc., § 2031.300, subd. (a).) There is no time limit for a motion to compel responses to interrogatories or production of documents other than the cut-off on hearing discovery motions 15 days before trial. (Code Civ. Proc., §§ 2024.020, subd. (a), 2030.290; Code Civ. Proc., § 2031.300.) No meet and confer efforts are required before filing a motion to compel responses to the discovery. (Code Civ. Proc., § 2030.290; Code Civ. Proc., § 2031.300; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 411.)

Defendant’s counsel served Plaintiff’s counsel with Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production, Set One, on May 19, 2020 via regular mail. (Interrogatories Motions, Kothary Decl., ¶¶ 2, Exhs. A; Production Mot., Kothary Decl., ¶ 4, Exh. A.) Having reviewed the propounded discovery, the Court finds it exceeds what is permitted in limited civil actions. Specifically, Code of Civil Procedure section 94 provides that a propounding party may serve any combination of 35 interrogatories, demands to produce, and requests for admission. (Code Civ. Proc., § 94, subd. (a)(1)-(3).) Here, Defendant propounded a combined total of 36 interrogatories and requests to produce. (Interrogatories Motions, Kothary Decl., ¶¶ 2, Exhs. A; Production Mot., Kothary Decl., ¶ 4, Exh. A.) Because the number of discovery requests propounded to Plaintiff exceeds what is permitted in limited jurisdiction, Defendant’s Motions are DENIED.

  1. Conclusion & Order

Because Defendant Martha Bujosa’s discovery requests exceed what is permitted in limited jurisdiction courts, Defendant’s Motions to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production are DENIED WITHOUT PREJUDICE.

Moving party is ordered to give notice.

Case Number: 20STLC02604    Hearing Date: February 01, 2021    Dept: 25

HEARING DATE: Mon., February 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Barnes v. Bujosa COMPL. FILED: 03-18-20

CASE NUMBER: 20STLC02604 DISC. C/O: 08-16-21

NOTICE: NO DISC. MOT. C/O: 08-31-21

TRIAL DATE: 09-15-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Darla Cunningham

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel’s Darla Cunningham’s Motion to be Relieved as Counsel is CONTINUED TO MARCH 24, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of January 28, 2021 [ ] Late [X] None

REPLY: None filed as of January 28, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On March 18, 2020, Plaintiff Willie Lee Barnes, Jr. (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Martha Bujosa (“Defendant”). Defendant filed a general denial on April 20, 2020.

Plaintiff’s Counsel Darla A. Cunningham with the firm Lerner, Moore, Silva, Cunningham & Rubel (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”) on July 21, 2020.

To date, no opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (d)(1)(A) & (2).)

If the notice is served on the client by electronic service, then it must be accompanied by a declaration stating that the electronic service address is the client’s current electronic address. (Id.)

  1. Discussion

As an initial matter, the Court notes that Counsel did not file and serve forms MC-052 and MC-053 as required by California Rules of Court, rule 3.1362. In addition, this Motion was served by mail, but Counsel did not include in her declaration a statement that she either verified the service address was current or was unable to verify the address despite making reasonable efforts. The Motion was also served via email, but Counsel did not provide the email address at which Plaintiff was served nor the required statement indicating the e-mail address is current. Thus, Counsel is ordered to file and serve supplemental papers addressing the issues noted above.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel’s Darla Cunningham’s Motion to be Relieved as Counsel is CONTINUED TO MARCH 24, 2021 at 10:00

Plaintiff’s Counsel is ordered to give notice.

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