This case was last updated from Los Angeles County Superior Courts on 05/23/2019 at 07:46:13 (UTC).

JAIME TORRES ET AL VS JORGE CANCECO ET AL

Case Summary

On 07/28/2016 JAIME TORRES filed a Contract - Other Contract lawsuit against JORGE CANCECO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7298

  • Filing Date:

    07/28/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

CORTEZ ALIZ

TORRES JAIME

Defendants, Respondents and Cross Plaintiffs

DOES 1 THROUGH 20

CANCECO CARLOS

CANCECO JORGE

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF AMEER A. SHAH

SHAH AMEER A.

Cross Plaintiff Attorney

ANYIA ALFRED O. ESQ.

 

Court Documents

NOTICE RE: CONTINUANCE OF HEARING

12/28/2017: NOTICE RE: CONTINUANCE OF HEARING

NOTICE RE: CONTINUANCE OF HEARING

12/28/2017: NOTICE RE: CONTINUANCE OF HEARING

EX-PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE MOTION TO CONTINUE TRIAL READINESS CONFERENCE AND TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A. SHAH IN SUPPORT TH

9/10/2018: EX-PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO FILE MOTION TO CONTINUE TRIAL READINESS CONFERENCE AND TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A. SHAH IN SUPPORT TH

Minute Order

9/10/2018: Minute Order

Minute Order

11/13/2018: Minute Order

Minute Order

11/14/2018: Minute Order

Order Granting Attorney"s Motion to Be Relieved as Counsel-Civil

11/14/2018: Order Granting Attorney"s Motion to Be Relieved as Counsel-Civil

Motion re:

3/19/2019: Motion re:

Motion to Compel

3/19/2019: Motion to Compel

Motion re:

3/19/2019: Motion re:

Unknown

3/27/2019: Unknown

NOTICE OF CASE MANAGEMENT CONFERENCE

8/11/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

Proof of Service

12/13/2016: Proof of Service

Minute Order

1/4/2017: Minute Order

Minute Order

4/24/2017: Minute Order

NOTICE RE: CONTINUANCE OF HEARING

5/3/2017: NOTICE RE: CONTINUANCE OF HEARING

ANSWER TO CROSS-COMPLAINT AND AFFIRMATIVE DEFENSES

6/14/2017: ANSWER TO CROSS-COMPLAINT AND AFFIRMATIVE DEFENSES

CASE MANAGEMENT ORDER

6/20/2017: CASE MANAGEMENT ORDER

34 More Documents Available

 

Docket Entries

  • 05/21/2019
  • Notice (of Continuance of Hearing on Plaintiff?s Motion to Have the Matters Involved in the Request For Admissions (Set One) to Jorge Canceco be Deemed Admitted); Filed by Jaime Torres (Plaintiff)

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  • 05/21/2019
  • Notice (of Continuance of Hearing on Plaintiff?s Motion to Compel Defendant Jorge Canceco?s Responses to Form Interrogatories (Set One)); Filed by Jaime Torres (Plaintiff)

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  • 03/27/2019
  • Notice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 03/27/2019
  • Notice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 03/19/2019
  • Motion to Deem RFA's Admitted; Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 03/19/2019
  • Motion to Compel (DEFENDANT CARLOS CANCECO:REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A SHAH IN SUPPORT OF THE MOTION TO COMPEL DEPOSITION); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 03/19/2019
  • Motion to Compel ( DEFENDANT JORGE CANCECO DEPOSITION:REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A SHAH IN SUPPORT OF THE MOTION TO COMPEL DEPOSITION); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 03/19/2019
  • Motion to Compel ( DEFENDANT JORGE CANCECO RESPONSES TO FORM INTERROGATORRIES (SET ONE ) :REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A SHAH IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES (SET ONE )); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 03/19/2019
  • Motion re: (MOTION TO HAVE THE MATTERS INVOLVED IN THE REQUEST FOR ADMISSIONS (SET ONE) TO DEFENDANT JORGE CONCECO BE DEEMED ADMITTED :REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A SHAH IN SUPPORT OF THE MOTION); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 03/19/2019
  • Motion to Compel (DEFENDANT CAELOS CANCECO,S RESPONSE TO FORM INTERROGATORIES(SET ONE);REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF AMEER A SHAH IN SUPPORT OF THE MOTION TO COMPEL RESPONSES TO FORM INTERRAGATORIES (SET ONE)); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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72 More Docket Entries
  • 12/13/2016
  • Proof of Service (not Summons and Complaint); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 12/13/2016
  • Proof of Service (not Summons and Complaint); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 12/13/2016
  • Proof of Service

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  • 12/13/2016
  • Proof of Service

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  • 12/13/2016
  • Proof of Service (not Summons and Complaint); Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 08/11/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/11/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 07/28/2016
  • SUMMONS

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  • 07/28/2016
  • Complaint; Filed by Jaime Torres (Plaintiff); Aliz Cortez (Plaintiff)

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  • 07/28/2016
  • COMPLAINT FOR DAMAGES: 1. BREACH OF CONTRACT; ETC

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Tentative Rulings

Case Number: BC627298    Hearing Date: January 07, 2020    Dept: 48

MOTION TO SET ASIDE ORDER DEEMING REQUEST FOR ADMISSIONS ESTABLISHED

MOVING PARTY: Defendants Carlos Canceco and Jorge Canceco, in pro per

RESPONDING PARTY(S): Plaintiffs Jamie Torres and Aliz Cortez

PROOF OF SERVICE:

DISCUSSION:

Motion to Set Aside Order Establishing Admissions

Per CCP § 473, Defendants Carlos Canceco and Jorge Canceco, in pro per move to set aside the order deeming Plaintiffs’ requests for admission as established.

On May 24, 2019, the Court granted Plaintiffs’ motion for an order establishing admissions against Defendant Jorge Canceco.

On June 3, 2019, the Court granted Plaintiffs’ motion for an order establishing admissions against Defendant Carlos Canceco.

Defendants claim that their former attorney filed his motions to be relieved as counsel on October 12, 2018, and on November 14, 2018, the Court granted the motions. Canceco Declarations, ¶ 3. However, the requests for admission were served upon Defendants’ former counsel on November 1, 2018—two weeks before the motion to be relieved as counsel was granted. Canceco Decls., ¶ 4. As such, Defendants are deemed to have been served with the discovery and any failure to have Defendants prepare responses or to transmit such requests to Defendants lies with former counsel.

Yet, Defendants have not submitted an attorney affidavit of fault. As such, the mandatory relief provision set forth in CCP § 473(b) does not apply.

As for the discretionary relief provision, if there is “mistake, inadvertence, surprise, or excusable neglect,” (CCP § 473(b)), “section 473 in the context of relief from failure to respond to requests for admissions should be liberally construed so cases can be tried on the merits.” Carli v. Superior Court (1984) 152 Cal.App.3d 1095, 1099. However, the Defendants’ Declarations do not appear to be truthful. Both Defendants claim that they “never received any of [the] discovery request[s] as the request was mailed to [their] former attorney’s office.” Canceco Declarations, ¶ 4. They also claim that they “tried to locate the said discovery request, since [their] former attorney advised [them] that his office neither received it or have it in his possession.” Id. at ¶ 8.

Yet, Plaintiffs indicate that Defendants have served untimely responses to requests for admission which are “extremely deficient.” Opp., Page 2:24. Defendants’ declarations do not explain how they could have provided untimely responses if they never saw the discovery requests. The motion for terminating sanctions (which Defendants admit having received on September 6, 2019—Declarations, ¶ 6) did not have a copy of the discovery requests attached, for instance, such that Defendants could have prepared responses from exhibits in support of that motion. Accordingly, there has been an insufficient showing of mistake, inadvertence, surprise, or excusable neglect to justify discretionary relief.

The motion to set aside order establishing admissions is DENIED.