This case was last updated from Los Angeles County Superior Courts on 01/06/2022 at 12:42:46 (UTC).

ANNA ROSE Q. AFABLE VS ADRIANNA L. PORCARO

Case Summary

On 02/13/2018 ANNA ROSE Q AFABLE filed a Personal Injury - Motor Vehicle lawsuit against ADRIANNA L PORCARO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE, EDWARD B. MORETON and WILLIAM A. CROWFOOT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4287

  • Filing Date:

    02/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

EDWARD B. MORETON

WILLIAM A. CROWFOOT

 

Party Details

Petitioner and Plaintiff

AFABLE ANNA ROSE Q.

Respondents and Defendants

PORCARO ADRIANNA L.

DOES 1 THROUGH 50 INCLUSIVE

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

JEHDIAN MICHAEL V. ESQ.

JEHDIAN MICHAEL VAHE

Defendant Attorney

JOHNSON SPENCER

 

Court Documents

Notice of Ruling

11/15/2021: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

10/18/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

Declaration - DECLARATION IN SUPPORT OF MOTION

9/2/2021: Declaration - DECLARATION IN SUPPORT OF MOTION

Motion for Terminating Sanctions

9/2/2021: Motion for Terminating Sanctions

Memorandum of Points & Authorities

9/2/2021: Memorandum of Points & Authorities

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

7/1/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

Notice of Change of Address or Other Contact Information

2/24/2021: Notice of Change of Address or Other Contact Information

Proof of Service by Substituted Service

12/18/2019: Proof of Service by Substituted Service

Notice of Posting of Jury Fees

1/10/2020: Notice of Posting of Jury Fees

Answer

1/10/2020: Answer

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/19/2020

3/19/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/19/2020

Minute Order - MINUTE ORDER (COURT ORDER)

3/19/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER)]

4/28/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER)]

Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

4/30/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 04/30/2020

4/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: COVID-19) OF 04/30/2020

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE PROOF O...)

10/1/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE PROOF O...)

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

11/17/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

12/31/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

23 More Documents Available

 

Docket Entries

  • 04/28/2022
  • Hearing04/28/2022 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 04/14/2022
  • Hearing04/14/2022 at 10:00 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/15/2021
  • DocketNotice of Ruling; Filed by Adrianna L. Porcaro (Defendant)

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  • 10/18/2021
  • Docketat 1:30 PM in Department 27, William A. Crowfoot, Presiding; Hearing on Motion for Terminating Sanctions - Not Held - Taken Off Calendar by Court

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  • 10/18/2021
  • DocketMinute Order ( (Hearing on Motion for Terminating Sanctions)); Filed by Clerk

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  • 09/02/2021
  • DocketDeclaration (in Support of Motion); Filed by Adrianna L. Porcaro (Defendant)

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  • 09/02/2021
  • DocketMemorandum of Points & Authorities; Filed by Adrianna L. Porcaro (Defendant)

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  • 09/02/2021
  • DocketMotion for Terminating Sanctions; Filed by Adrianna L. Porcaro (Defendant)

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  • 07/01/2021
  • Docketat 08:30 AM in Department 27, William A. Crowfoot, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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  • 07/01/2021
  • Docketat 08:30 AM in Department 27, William A. Crowfoot, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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34 More Docket Entries
  • 01/10/2020
  • DocketNotice of Posting of Jury Fees; Filed by Adrianna L. Porcaro (Defendant)

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  • 12/18/2019
  • DocketProof of Service by Substituted Service; Filed by Anna Rose Q. Afable (Plaintiff)

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  • 12/09/2019
  • Docketat 08:30 AM in Department 4B; Order to Show Cause Re: Dismissal (for Failure to File Proof of Service/Publication) - Not Held - Continued - Party's Motion

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  • 12/09/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal for Failure to File Proof o...)); Filed by Clerk

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  • 08/13/2019
  • Docketat 08:30 AM in Department 4B; Jury Trial - Not Held - Vacated by Court

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  • 07/30/2019
  • Docketat 10:00 AM in Department 4B; Final Status Conference - Not Held - Vacated by Court

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  • 07/30/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/13/2018
  • DocketSummons; Filed by Anna Rose Q. Afable (Plaintiff)

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  • 02/13/2018
  • DocketComplaint

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  • 02/13/2018
  • DocketComplaint; Filed by Anna Rose Q. Afable (Plaintiff)

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Tentative Rulings

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Case Number: BC694287 Hearing Date: October 18, 2021 Dept: 27

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SUPERIOR\r\nCOURT OF THE STATE OF CALIFORNIA

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FOR\r\nTHE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

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ANNA ROSE Q.\r\n AFABLE,

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Plaintiff(s),

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vs.

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ADRIANNA L. PORCARO,

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Defendant(s).

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\r\n CASE NO.: BC694287

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[TENTATIVE] ORDER RE: MOTION FOR\r\n TERMINATING SANCTIONS

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Dept. 27

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1:30 p.m.

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October 18, 2021

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On February 13, 2018, Plaintiff Anna Rose Q. Afable\r\n(“Plaintiff”) filed this action against Defendant Adrianna L. Porcaro (“Defendant”)\r\narising from an April 25, 2016, motor vehicle collision. On July 1, 2021, the Court granted\r\nDefendant’s motions for orders compelling Plaintiff’s discovery responses and ordered\r\nPlaintiff to serve verified responses, without objections, to Defendant’s Form\r\nInterrogatories (Set One), Specially Prepared Interrogatories (Set One), and\r\nDemand for Identification and Inspection of Documents (Set One) within 20 days. The Court also ordered Plaintiff and counsel\r\nof record to pay monetary sanctions in the amount of $579 within 20 days.

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Where a party fails to obey an order\r\ncompelling answers to discovery, “the court may make those orders that are\r\njust, including the imposition of an issue sanction, an evidence sanction, or a\r\nterminating sanction.” (Code Civ. Proc.,\r\n§§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v. Creative\r\nCotton, Ltd. (1999) 75\r\nCal.App.4th 486, 495.) The Court may impose a terminating\r\nsanction against anyone engaging in conduct that is a misuse of the discovery\r\nprocess. (Code Civ. Proc., § 2023.030,\r\nsubd. (d).) Misuse of the discovery\r\nprocess includes failure to respond to an authorized method of discovery or\r\ndisobeying a court order to provide discovery. \r\n(Code Civ. Proc., § 2023.010, subds. (d), (g).) A terminating sanction may be imposed by an\r\norder dismissing part or all of the action. \r\n(Code Civ. Proc., § 2023.030, subd. (d)(3).)

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The court should consider the\r\ntotality of the circumstances, including conduct of the party to determine if\r\nthe actions were willful, the determent to the propounding party, and the\r\nnumber of formal and informal attempts to obtain discovery. (Lang\r\nv. Hochman (2000) 77 Cal.App.4th 1225, 1246.) If a lesser sanction fails to curb abuse, a\r\ngreater sanction is warranted. (Van Sickle v. Gilbert (2011) 196\r\nCal.App.4th 1495, 1516.) However, “the\r\nunsuccessful imposition of a lesser sanction is not an absolute prerequisite to\r\nthe utilization of the ultimate sanction.” \r\n(Deyo v. Killbourne (1978) 84\r\nCal.App.3d 771, 787.) Terminating\r\nsanctions should not be ordered lightly, but are justified where a violation is\r\nwillful, preceded by a history of abuse, and there is evidence that less severe\r\nsanctions would not produce compliance with the discovery rules. (Doppes\r\nv. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.)

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Before any sanctions may be imposed\r\nthe court must make an express finding that there has been a willful failure of\r\nthe party to serve the required answers. \r\n(Fairfield v. Superior Court for\r\nLos Angeles County (1966) 246 Cal.App.2d 113, 118.) Lack of diligence may be deemed willful where\r\nthe party understood its obligation, had the ability to comply, and failed to\r\ncomply. (Deyo, supra, 84 Cal.App.3d at p. 787; Fred Howland Co. v. Superior Court of Los\r\nAngeles County (1966) 244 Cal.App.2d 605, 610-611.) The party who failed to comply with discovery\r\nobligations has the burden of showing that the failure was not willful. (Deyo,\r\nsupra, 84 Cal.App.3d at p. 788; Cornwall v. Santa Monica Dairy Co.\r\n(1977) 66 Cal.App.3d 250; Evid. Code, §§ 500, 605.)

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Defendant\r\nwas ordered to give notice of the ruling but the docket does not reflect that a\r\nnotice of ruling was served. Accordingly\r\nthe Court declines to conclude that Plaintiff knew of the Court Order\r\ncompelling her compliance with her discovery obligations or that her noncompliance\r\nwas willful.

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Defendant’s\r\nMotion for terminating sanctions is DENIED without prejudice.

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Moving\r\nparty to give notice.

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Parties\r\nwho intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org\r\nindicating intention to submit on the tentative as directed by the instructions\r\nprovided on the court website at www.lacourt.org.

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