This case was last updated from Los Angeles County Superior Courts on 11/15/2021 at 00:52:07 (UTC).

YAHAIRA ACENCION VS RAUL HUERTA RAMIREZ

Case Summary

On 04/22/2020 YAHAIRA ACENCION filed a Personal Injury - Motor Vehicle lawsuit against RAUL HUERTA RAMIREZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3542

  • Filing Date:

    04/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ACENCION YAHAIRA

Defendant

RAMIREZ RAUL HUERTA

Attorney/Law Firm Details

Plaintiff Attorneys

FRANCO VICTOR

FRANCO VICTOR HUGO ESQ.

Defendant Attorney

DOLLAR EDWARD EARLTON ESQ.

 

Court Documents

Substitution of Attorney - Substitution of Attorney

1/19/2021: Substitution of Attorney - Substitution of Attorney

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

3/16/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL AND RELATED MOTION/DISCOVERY DATES

6/17/2021: Stipulation and Order (name extension) - Stipulation and Order TO CONTINUE TRIAL AND RELATED MOTION/DISCOVERY DATES

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF 556.65; DECLARATION OF EDW

7/16/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF 556.65; DECLARATION OF EDW

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF 556.65; DECLARATION OF

7/16/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF 556.65; DECLARATION OF

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENT, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF 566.65; DECL

7/16/2021: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENT, SET ONE; REQUEST FOR SANCTIONS IN THE AMOUNT OF 566.65; DECL

Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff's Responses to Defendan...)

8/24/2021: Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff's Responses to Defendan...)

Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff's Responses to Defendan...)

8/25/2021: Minute Order - Minute Order (Hearing on Motion to Compel Plaintiff's Responses to Defendan...)

Notice of Ruling - Notice of Ruling

8/27/2021: Notice of Ruling - Notice of Ruling

Notice of Ruling - Notice of Ruling

8/27/2021: Notice of Ruling - Notice of Ruling

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

9/21/2021: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Answer - Answer

5/29/2020: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

5/29/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

First Amended Standing Order - First Amended Standing Order

4/22/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/14/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

Civil Case Cover Sheet - Civil Case Cover Sheet

4/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/22/2020: Complaint - Complaint

Summons - Summons on Complaint

4/22/2020: Summons - Summons on Complaint

8 More Documents Available

 

Docket Entries

  • 02/23/2022
  • Hearing02/23/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/05/2022
  • Hearing01/05/2022 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer

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  • 09/21/2021
  • DocketMotion to Strike (not anti-SLAPP) - without Demurrer; Filed by: Raul Huerta Ramirez (Defendant)

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  • 09/21/2021
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 01/05/2022 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 08/27/2021
  • DocketNotice of Ruling; Filed by: Raul Huerta Ramirez (Defendant)

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  • 08/27/2021
  • DocketNotice of Ruling; Filed by: Raul Huerta Ramirez (Defendant)

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  • 08/25/2021
  • DocketUpdated -- Motion to Compel Plaintiff's Responses to Defendant's Request for Production of Documents (Set One); Request for Monetary Sanctions Against Plaintiff and Plaintiff's Attorney of Record: Filed By: Raul Huerta Ramirez (Defendant); Result: Denied; Result Date: 08/25/2021

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  • 08/25/2021
  • DocketMinute Order (Hearing on Motion to Compel Plaintiff's Responses to Defendan...)

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  • 08/25/2021
  • DocketHearing on Motion to Compel Plaintiff's Responses to Defendant's Request for Production of Documents (Set One); Request for Monetary Sanctions Against Plaintiff and Plaintiff's Attorney of Record scheduled for 08/25/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/25/2021; Result Type to Held - Motion Denied

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  • 08/24/2021
  • DocketUpdated -- Motion to Compel Plaintiff's Responses to Defendant's Special Interrogatories (Set One); Request for Monetary Sanctions Against Plaintiff and Plaintiff's Attorney of Record: Name Extension changed from RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFF/PLAINTIFF'S COUNSEL OF RECORD to Plaintiff's Responses to Defendant's Special Interrogatories (Set One); Request for Monetary Sanctions Against Plaintiff and Plaintiff's Attorney of Record; As To Parties changed from Yahaira Acencion (Plaintiff) to Yahaira Acencion (Plaintiff)

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32 More Docket Entries
  • 05/14/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/14/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/26/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/23/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 04/22/2020
  • DocketComplaint; Filed by: Yahaira Acencion (Plaintiff); As to: Raul Huerta Ramirez (Defendant)

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  • 04/22/2020
  • DocketSummons on Complaint; Issued and Filed by: Yahaira Acencion (Plaintiff); As to: Raul Huerta Ramirez (Defendant)

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  • 04/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Yahaira Acencion (Plaintiff); As to: Raul Huerta Ramirez (Defendant)

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  • 04/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 20STLC03542 Hearing Date: August 25, 2021 Dept: 26

Acencion v. Ramirez, et\r\nal. 20STLC03542

MOTION\r\nTO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR\r\nMONETARY SANCTIONS

(CCP § 2031.300, 2023.010)

TENTATIVE RULING:

\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n

Defendant Raul Huerta Ramirez’s Motion to Compel Responses\r\nto Request for Production of Documents, Set One and Request for Sanctions is DENIED.

ANALYSIS:

\r\n\r\n

\r\n\r\n

Defendant Raul Huerta Ramirez (“Defendant”) propounded\r\nRequest for Production of Documents, Set One, on Plaintiff Yahaira Acencion\r\n(“Plaintiff”) on January 20, 2021. (Motion, Dollar, Exh. A.) Following\r\nPlaintiff’s failure to provide timely responses, Defendant extended the\r\ndeadline multiple times for Plaintiff to serve verified responses. (Id.\r\nat Exhs. B-F.) Following no response from Plaintiff after the last deadline,\r\nDefendant filed the instant Motion to Compel Responses to Request for\r\nProduction of Documents, Set One and Request for Sanctions on July 16, 2021. To\r\ndate, no opposition has been filed.

\r\n\r\n

\r\n\r\n

There is no requirement for a prior meet and confer effort\r\nbefore a motion to compel initial responses can be filed. (Code Civ. Proc., §\r\n2031.300.) Further, the motion can be brought any time after the responding\r\nparty fails to provide the responses. \r\n(Code Civ. Proc., § 2031.300.) Based on Plaintiff’s failure to respond\r\nto the propounded discovery, Defendant is entitled to an order compelling\r\nPlaintiff to serve verified responses to the request for production of\r\ndocuments without objections.

\r\n\r\n

\r\n\r\n

However, discovery in Limited Civil Action is limited to any\r\ncombination of 35 items of discovery. (Code Civ. Proc., § 94.) Defendant previously\r\nobtained orders from the court compelling\r\nPlaintiff to respond to 29 separate items of discovery. Now, Defendant is\r\nseeking an order compelling production of an additional seven items. The court will not order Discovery that\r\nexceeds the statutory maximum without a showing as required by the Code of Civil\r\nProcedure § 95.

Conclusion

Defendant Raul Huerta Ramirez’s Motion to Compel Responses\r\nto Request for Production of Documents, Set One and Request for Sanctions is DENIED.

Moving party to give notice.

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'b'

Case Number: 20STLC03542 Hearing Date: August 24, 2021 Dept: 26

Acencion v. Ramirez, et\r\nal. 20STLC03542

MOTION\r\nTO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS

\r\n\r\n

(CCP § 2030.290)

\r\n\r\n

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Defendant Raul Huerta Ramirez’s (1) Motion Compelling Plaintiff Yahaira Acencion to Respond to Form Interrogatories, Set One\r\nand for Monetary Sanctions; and (2) Motion Compelling Plaintiff Yahaira Acencion\r\nto Respond to Special Interrogatories,\r\nSet One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED\r\nRESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF\r\nTHIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $343.30 TO DEFENSE\r\nCOUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Defendant Raul Huerta Ramirez\r\n(“Defendant”) propounded Form Interrogatories, Set One and Special\r\nInterrogatories, Set One, on Plaintiff Yahaira Acencion (“Plaintiff”) on\r\nJanuary 20, 2021. (Motions, Dollar, Exh. A.) Following Plaintiff’s failure to\r\nprovide timely responses, Defendant extended the deadline to serve verified\r\nresponses multiple times. (Id. at Exhs. B-F.) Following no response from\r\nPlaintiff after the last deadline, Defendant filed the instant (1) Motion to\r\nCompel Responses to Form Interrogatories, Set One and Request for Sanctions;\r\nand (2) Motion to Compel Responses to Form Interrogatories, Set One and Request\r\nfor Sanctions on July 16, 2021. To date, no oppositions have been filed.

Discussion

There is no requirement for a prior meet and confer effort\r\nbefore a motion to compel initial responses can be filed. (Code Civ. Proc., §\r\n2030.290.) Further, the motion can be brought any time after the responding\r\nparty fails to provide the responses. \r\n(Code Civ. Proc., § 2030.290.) Based on Plaintiff’s failure to respond\r\nto the propounded discovery, Defendant is entitled to an order compelling\r\nPlaintiff to serve verified responses to the form and special interrogatories\r\nwithout objections.

Plaintiff’s failure to timely respond constitutes a misuse\r\nof the discovery process. (Code Civ. Proc., § 2023.010, subd. (d).) Sanctions\r\nare appropriate under Code of Civil Procedure sections 2023.010 and 2023.030\r\nand have been properly noticed. However, the amount sought is excessive under a\r\nlodestar calculation. Sanctions are granted against Plaintiff in the amount of\r\n$343.30 based on one hour of attorney time billed at $160.00 an hour and $123.30\r\nin costs. (Motion, Dollar Decl., ¶¶17-18.)

Conclusion

Defendant Raul Huerta Ramirez’s (1) Motion Compelling Plaintiff Yahaira Acencion to Respond to Form Interrogatories, Set One\r\nand for Monetary Sanctions; and (2) Motion Compelling Plaintiff Yahaira Acencion\r\nto Respond to Special Interrogatories,\r\nSet One and for Monetary Sanctions are GRANTED. PLAINTIFF IS TO SERVE VERIFIED\r\nRESPONSES TO THE INTERROGATORIES WITHOUT OBJECTIONS WITHIN 20 DAYS’ SERVICE OF\r\nTHIS ORDER. PLAINTIFF IS FURTHER ORDERED TO PAY SANCTIONS OF $343.30 TO DEFENSE\r\nCOUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

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Moving party to give notice.

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