Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 06/23/2019 at 00:00:34 (UTC).

ALMA VERONICA ROMERO VS PIC ET AL

Case Summary

On 06/29/2017 ALMA VERONICA ROMERO filed a Personal Injury - Motor Vehicle lawsuit against PIC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7110

  • Filing Date:

    06/29/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

ROMERO ALMA VERONICA

Defendants and Respondents

COREA JORGE ALBERTO

PIC

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

YAGOUBZADEH JOSHUA ESQ.

YAGHOUBZADEH JOSHUA E. ESQ.

Defendant Attorney

PURCELL BYRON MICHAEL

 

Court Documents

Proof of Personal Service

4/17/2018: Proof of Personal Service

Proof of Service of Summons and Complaint

7/9/2018: Proof of Service of Summons and Complaint

Unknown

6/29/2017: Unknown

COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC

6/29/2017: COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC

PLAINTIFF'S NOTICE OF POSTING JURY FEES

6/29/2017: PLAINTIFF'S NOTICE OF POSTING JURY FEES

SUMMONS

6/29/2017: SUMMONS

 

Docket Entries

  • 05/31/2019
  • Answer (DEFENDANT P.I.C.'s ANSWER TO COMPLAINTFOR DAMAGES> DEMANDFOR JURY TRIAL); Filed by Pic (Defendant)

    Read MoreRead Less
  • 12/31/2018
  • at 08:30 AM in Department 4; Jury Trial - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 12/28/2018
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

    Read MoreRead Less
  • 12/28/2018
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

    Read MoreRead Less
  • 12/13/2018
  • at 10:00 AM in Department 4; Final Status Conference - Held - Continued

    Read MoreRead Less
  • 12/13/2018
  • Minute Order ((Final Status Conference)); Filed by Clerk

    Read MoreRead Less
  • 12/10/2018
  • Request for Entry of Default / Judgment; Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 12/10/2018
  • Request for Entry of Default / Judgment; Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 12/10/2018
  • Proof of Service (not Summons and Complaint); Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 12/10/2018
  • Statement of Damages (Personal Injury or Wrongful Death); Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
6 More Docket Entries
  • 10/22/2018
  • Request for Entry of Default / Judgment; Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 07/09/2018
  • Proof of Service of Summons and Complaint

    Read MoreRead Less
  • 07/09/2018
  • Proof of Service (not Summons and Complaint); Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 04/17/2018
  • Proof-Service/Summons; Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 04/17/2018
  • Proof of Personal Service

    Read MoreRead Less
  • 06/29/2017
  • COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC

    Read MoreRead Less
  • 06/29/2017
  • SUMMONS

    Read MoreRead Less
  • 06/29/2017
  • PLAINTIFF'S NOTICE OF POSTING JURY FEES

    Read MoreRead Less
  • 06/29/2017
  • Complaint; Filed by Alma Veronica Romero (Plaintiff)

    Read MoreRead Less
  • 06/29/2017
  • CIVIL DEPOSIT

    Read MoreRead Less

Tentative Rulings

Case Number: BC667110    Hearing Date: January 29, 2021    Dept: 28

Motion to Compel Plaintiff’s Deposition and Request for Monetary Sanctions

Having considered the moving, opposing, and reply papers, the Court rules as follows.

BACKGROUND

On June 29, 2017, Plaintiff Alma Veronica Romero (“Plaintiff”) filed a complaint against Defendants P.I.C., Jorge Alberto Correa (“Correa”), and Does 1 to 50 alleging negligence, negligence per se, and statutory liability based on a motor vehicle accident that occurred on July 1, 2015.

On October 27, 2020, Plaintiff filed a motion to compel Defendant Correa to appear for a deposition.  

Trial is scheduled for April 26, 2021.  

PARTIES’ REQUEST

Plaintiff asks the Court to compel Defendant Correa to appear for deposition.  Plaintiff argues that it has been trying to depose Plaintiff since May 7, 2019, with his deposition having been set five times since then, and Plaintiff has still been unable to obtain Correa’s testimony.  Plaintiff additionally requests monetary sanctions against Defendant Correa and counsel of record jointly and severally in the amount of $1,580.  

LEGAL STANDARD

“Any party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action.  The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.  (Code Civ. Proc., § 2025.010.)  

California Code of Civil Procedure section 2025.450 states if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition.  (Code Civ. Proc., § 2025.450, subd. (a).)  

DISCUSSION

Here, Plaintiff is entitled to take the deposition of Defendant CorreaPlaintiff’s counsel indicates that Plaintiff has noticed Correa’s deposition five times and still have been unable to depose her due to Correa’s objections on the basis of unavailability and lack of effort to cooperate with the scheduling of her deposition. Further, Correa did not object to the last notice of deposition for August 27, 2020.

Here, Plaintiff has noticed five depositions for Correa, but Correa objected on the basis of unavailability, failed to provide alternative dates, and failed to object to the notice of deposition served on August 6, 2020 for August 27, 2020. On August 24, 2020, Correa’s counsel sent an e-mail to Plaintiff’s counsel indicating that the deposition must be cancelled because Correa is not available. However, the email is not an objection. On September 14, 2020, Plaintiff’s counsel sent meet and confer correspondence to Correa’s counsel. Correa’s counsel did not respond to the correspondence due to being on medical leave. On October 27, 2020 the instant motion was filed as Plaintiff’s counsel had not received a response. Correa’s counsel only responded and provided alternative dates nearly a month after the motion was filed, and over two months after Plaintiff’s counsel’s meet and confer correspondence, on November 24, 2020; November 25, 2020; December 2, 2020; and December 9, 2020

In light of the repeated attempts to schedule Correa’s deposition, lack of efforts to provide alternative dates until a month after the instant motion was filed, and the fact that the August 27, 2020 deposition was never objected to, the motion is GRANTED. 

Correa is ordered to appear for his deposition on a mutually agreeable date within 45 days of this order.

In light of Correa’s failure to confer with Plaintiff until well after the instant motion was filed, the Court finds that Plaintiff did not act with substantial justification and there are no other circumstances making the imposition of the sanctions unjust.  Accordingly, sanctions are awarded in the amount of $795 ($200 x 2 hours, $320 for non-appearance costs, $60 in filing fees, and $15 Court Connect). 

CONCLUSION

The motion is GRANTED. 

Defendant Correa is ordered to appear for his deposition on a mutually agreeable date within 30 days of this order.

Defendant Correa and counsel of record are ordered to pay Plaintiff $785 within 30 days of this order.  

Plaintiff to give notice.  

The parties are directed to the header of this tentative ruling for further instructions.  

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer YAGHOUBZADEH, JOSHUA E