This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:37:20 (UTC).

ADELA M BARNETT VS DAYANA LARA ET AL

Case Summary

On 03/03/2017 ADELA M BARNETT filed a Personal Injury - Motor Vehicle lawsuit against DAYANA LARA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are YOLANDA OROZCO, LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1922

  • Filing Date:

    03/03/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

YOLANDA OROZCO

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

BARNETT ADELA M.

Defendants and Respondents

DOES 1 TO 50

LARA VIVIANA

LARA DAYANA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

MANNING SHERI ESQ.

Defendant Attorney

WOODS CHRISTIAN

 

Court Documents

Proof of Personal Service

6/26/2019: Proof of Personal Service

Proof of Personal Service

6/26/2019: Proof of Personal Service

Minute Order

7/2/2019: Minute Order

Notice of Posting of Jury Fees

7/22/2019: Notice of Posting of Jury Fees

Demand for Jury Trial

7/22/2019: Demand for Jury Trial

Answer

7/22/2019: Answer

Minute Order

3/29/2019: Minute Order

Minute Order

8/17/2018: Minute Order

Minute Order

11/28/2018: Minute Order

SUMMONS

2/27/2017: SUMMONS

COMPLAINT FOR: 1. FAILURE TO PROVIDE REQUIRED MEAL PERIODS ;ETC

2/27/2017: COMPLAINT FOR: 1. FAILURE TO PROVIDE REQUIRED MEAL PERIODS ;ETC

SUMMONS

3/3/2017: SUMMONS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

3/3/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

1 More Documents Available

 

Docket Entries

  • 03/03/2020
  • Hearingat 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; : OSC RE Dismissal

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  • 10/18/2019
  • Hearingat 08:30 AM in Department 4B at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 07/22/2019
  • DocketAnswer; Filed by Dayana Lara (Defendant); Viviana Lara (Defendant)

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  • 07/22/2019
  • DocketNotice of Posting of Jury Fees; Filed by Dayana Lara (Defendant); Viviana Lara (Defendant)

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  • 07/22/2019
  • DocketDemand for Jury Trial; Filed by Dayana Lara (Defendant); Viviana Lara (Defendant)

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  • 07/02/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Taken Off Calendar by Court

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  • 07/02/2019
  • Docketat 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Order to Show Cause Re: Dismissal (for lack of prosecution) - Not Held - Taken Off Calendar by Court

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  • 07/02/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service; Ord...)); Filed by Clerk

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  • 06/26/2019
  • DocketProof of Personal Service; Filed by Adela M. Barnett (Plaintiff)

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  • 06/26/2019
  • DocketProof of Personal Service; Filed by Adela M. Barnett (Plaintiff)

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3 More Docket Entries
  • 11/28/2018
  • DocketMinute Order ((Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk

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  • 09/04/2018
  • Docketat 08:30 AM in Department 7; Jury Trial - Not Held - Advanced and Vacated

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  • 08/17/2018
  • Docketat 10:00 AM in Department 7; Final Status Conference (Final Status Conference; Off Calendar) -

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  • 08/17/2018
  • DocketMinute Order

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  • 08/17/2018
  • DocketMinute order entered: 2018-08-17 00:00:00; Filed by Clerk

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  • 03/03/2017
  • DocketSUMMONS

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  • 03/03/2017
  • DocketComplaint; Filed by Adela M. Barnett (Plaintiff)

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  • 03/03/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 02/27/2017
  • DocketSUMMONS

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  • 02/27/2017
  • DocketCOMPLAINT FOR: 1. FAILURE TO PROVIDE REQUIRED MEAL PERIODS ;ETC

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Tentative Rulings

Case Number: BC651922    Hearing Date: March 8, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ADELA M. BARNETT,

Plaintiff(s),

vs.

DAYANA LARA, et al.,

Defendant(s).

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BC651922

[TENTATIVE] ORDER RE: MOTION FOR TERMINATING SANCTIONS

Dept. 27

8:30 p.m.

March 8, 2021

On September 15, 2020, Defendants Dayana Lara and Viviana Lara filed this motion for terminating sanctions.  The hearing for this motion was originally scheduled for December 31, 2020.  On December 21, 2020, the Court issued a minute order rescheduling the hearing to March 8, 2021 and ordered Defendants, as the moving party, to give notice.  There is no notice of hearing on file or indication that Defendants gave notice of this hearing date.  Accordingly, Defendants’ Motion is DENIED without prejudice. 

Moving party to give notice.

8th day of March 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC651922    Hearing Date: July 29, 2020    Dept: 27

DEPARTMENT 27 - LAW AND MOTION RULINGS


Case Number: BC651922   Hearing Date: July 28, 2020     Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ADELA M. BARNETT,

Plaintiff,

vs.

DAYAN LARA, et la., inclusive,

Defendants.

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.: BC707329

[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO COMPEL PLAINTIFF’S RESPONSES TO DISCOVERY, DEEM ADMITTED, AND MONETARY SANCTIONS

Dept. 27

8:30 a.m.

July 29, 2020

On March 3, 2017, Plaintiff Adela M. Barnett (“Plaintiff”) filed this action against Defendants Dayana Lara and Viviana Lara arising from a March 12, 2015 automobile vs. automobile collision.  On July 22, 2019, Defendants served Set One of Form Interrogatories, Special Interrogatories, Demand for Production of Documents, and Request for Admissions on PlaintiffDefendants moves to compel Plaintiff’s responses to discovery requests, for an order deeming admitted requests for admissions, and monetary sanctions.

Compel Responses

Where a party fails to serve timely responses to discovery requests, the court may make an order compelling responses.  (Code Civ. Proc., §§ 2030.290, 2031.300; Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 403.)   A party that fails to serve timely responses waives any objections to the request, including ones based on privilege or the protection of attorney work product.  (Code Civ. Proc., §§ 2030.290, subd. (a), 2031.300, subd. (a).)  Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45-day time limit and the propounding party has no meet and confer obligations.  (Sinaiko Healthcare Consulting, Inc., supra, 148 Cal.App.4th at p. 404.)

Plaintiff filed no opposition to these Motions and it is undisputed Plaintiff failed to serve responses to Defendants’ discovery.  Accordingly, the Motions to compel are GRANTED and Plaintiff is ordered to serve verified responses, without objection, to Plaintiff’s First Set of Form Interrogatories, Special Interrogatories, and Demand for Production of Documents within twenty (20) days of the date of this Order.

Deem Admitted

Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted.  (Code Civ. Proc., § 2033.280, subd. (b).)  The party who failed to respond waives any objections to the demand, unless the court grants them relief from the waiver, upon a showing that the party (1) has subsequently served a substantially compliant response, and (2) that the party’s failure to respond was the result of mistake, inadvertence, or excusable neglect.  (Code Civ. Proc., § 2033.280, subds. (a)(1)-(2).) The court shall grant a motion to deem admitted requests for admissions, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”  (Code Civ. Proc., § 2033.280, subd. (c).)

Plaintiff served responses that are in substantial compliance with CCP 2033.220.  Accordingly, the Motion to deem admitted requests for admissions is DENIED.

Monetary Sanctions

Where the court grants a motion to compel responses, sanctions shall be imposed against the party who unsuccessfully makes or opposes a motion to compel, unless the party acted with substantial justification or the sanction would otherwise be unjust.  (Code Civ. Proc., § 2030.290, subd. (c).)  Where a party fails to provide a timely response to requests for admission, “[i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.”  (Code Civ. Proc., § 2033.280, subd. (c).)

The request for monetary sanctions is GRANTED and imposed against Plaintiff’s counsel in the amount of $930.00 for three hours at defense counsel’s hourly rate of $250.00 and $180.00 in filing fees, to be paid within twenty (20) days of the date of this Order.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 29th day of July 2020

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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