This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 04:36:36 (UTC).

GENARO CONTRERAS ET AL VS CNC EQUESTRIAN MANAGEMENT SERVICES

Case Summary

On 11/30/2017 GENARO CONTRERAS filed a Personal Injury - Other Personal Injury lawsuit against CNC EQUESTRIAN MANAGEMENT SERVICES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5029

  • Filing Date:

    11/30/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiffs and Petitioners

PANIAGUA ELISA

CONTRERAS GENARO

Defendants and Respondents

KAMRAN STAFFING INC.

CNC EQUESTRIAN MANAGEMENT SERVICES INC.

SOLVIS EMPLOYMENT SERVICES INC.

DOES 1 TO 50

SOLVIS STAFFING SERVICES INC.

JOB PRO STAFFING INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RHAMES MICHAEL R. ESQ.

RHAMES MICHAEL RICHARD

Defendant Attorneys

GUERRA JASON ERIC

ROTEN SUZANNE KAY

 

Court Documents

PROOF OF SERVICE SUMMONS

12/29/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

12/29/2017: PROOF OF SERVICE SUMMONS

SUMMONS

11/30/2017: SUMMONS

COMPLAINT FOR DAMAGES; PREMISES LIABILITY AND GENERAL NEGLIGENCE

11/30/2017: COMPLAINT FOR DAMAGES; PREMISES LIABILITY AND GENERAL NEGLIGENCE

 

Docket Entries

  • 05/24/2019
  • Proof of Service (not Summons and Complaint); Filed by Kamran Staffing, Inc. (Defendant)

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  • 05/24/2019
  • Case Management Statement; Filed by Jason Eric Guerra (Attorney)

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  • 05/21/2019
  • Proof of Service by Mail; Filed by CNC Equestrian Management Services, Inc. (Defendant)

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  • 05/21/2019
  • Notice (CASE UPDATE IN ADVANCE OF MAY 31, 2019 STATUS CONFERENCE); Filed by CNC Equestrian Management Services, Inc. (Defendant)

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  • 05/17/2019
  • Case Management Statement; Filed by Genaro Contreras (Plaintiff); Elisa Paniagua (Plaintiff)

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  • 05/16/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/30/2019
  • at 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Summary Judgment - Not Held - Taken Off Calendar by Party

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  • 03/15/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Status Conference (Re status of Stay granted by Stipulation and Order on or about 11/19/2019) - Not Held - Continued - Stipulation

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  • 03/15/2019
  • Minute Order ( (Status Conference Re: status of Stay granted by Stipulation ...)); Filed by Clerk

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  • 03/12/2019
  • Notice (Case Update in advance of March 15, 2019 status conference); Filed by CNC Equestrian Management Services, Inc. (Defendant)

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23 More Docket Entries
  • 02/08/2018
  • Amendment to Complaint; Filed by Genaro Contreras (Plaintiff); Elisa Paniagua (Plaintiff)

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  • 02/06/2018
  • ANSWER TO COMPLAINT FOR DAMAGES; PREMISES LIABILITY AND GENERAL NEGLIGENCE

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  • 02/06/2018
  • Answer; Filed by CNC Equestrian Management Services, Inc. (Defendant)

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  • 12/29/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/29/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/29/2017
  • Proof of Service (not Summons and Complaint); Filed by Genaro Contreras (Plaintiff); Elisa Paniagua (Plaintiff)

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  • 12/29/2017
  • Proof of Service (not Summons and Complaint); Filed by Genaro Contreras (Plaintiff); Elisa Paniagua (Plaintiff)

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  • 11/30/2017
  • SUMMONS

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  • 11/30/2017
  • Complaint; Filed by Genaro Contreras (Plaintiff); Elisa Paniagua (Plaintiff)

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  • 11/30/2017
  • COMPLAINT FOR DAMAGES; PREMISES LIABILITY AND GENERAL NEGLIGENCE

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Tentative Rulings

Case Number: BC685029    Hearing Date: December 16, 2019    Dept: 4A

Motion to Deem Matters in Request for Admissions (Set Two) as True

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On November 30, 2017, Plaintiff Genaro Contreras and Elsia Paniagua (“Plaintiffs”) filed a complaint against Defendants CNC Equestrian Management Services, Inc., Inc., Kamran Staffing, Inc, Solvis Staffing Services, Inc., and Solvis Employment Services, Inc.  The complaint alleges premises liability and general negligence for the penetration of Plaintiff Contreras left eye while using a tool to tighten rope knots.

On February 8, 2018, the Court approved an amendment to the complaint renaming Defendant Solvis Employment Services, Inc. as Defendant Job Pro Staffing, Inc.

On June 25, 2019, the Court dismissed Defendant CNC Equestrian Management Services, Inc. without prejudice.

On November 6, 2019, Plaintiffs filed a request to deem matters within the Request for Admissions (Set Two) as true as against Defendant Kamran Staffing, Inc. pursuant to California Code of Civil Procedure section 2033.280, subdivision (b).

Trial is set for May 11, 2020.

PARTIES REQUESTS

Plaintiffs ask the Court to deem the matters in Request for Admissions (Set Two) as true as against Defendant Kamran Staffing, Inc. for its failure to provide timely responses.

Plaintiffs also ask the Court to impose $2,886.50 in monetary sanctions against Defendant Kamran Staffing, Inc. and its counsel for their abuse of the discovery process.

LEGAL STANDARD

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), a “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, as well as for a monetary sanction under Chapter 7 (commencing with section 2023.010).”  The court “shall” grant the motion to deem requests for admission admitted “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).)

Under California Code of Civil Procedure section 2023.030, subd. (a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process.  (Code of Civ. Proc. § 2023.010.)

Sanctions are mandatory in connection with a motion to deem matters specified in a request for admissions as true and a motion to compel responses to interrogatories against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel unless the court “finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.”  (Code Civ. Proc. §§ 2030.290, subd. (c), 2033.280, subd. (c).)

California Rules of Court, rule 3.1348, subdivision (a) states: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though no opposition to the motion was filed, or opposition to the motion was withdrawn, or the requested discovery was provided to the moving party after the motion was filed.”

DISCUSSION

On June 20, 2019, Plaintiffs served their Request for Admissions (Set Two) on Defendant Kamran Staffing, Inc. by U.S. Mail.  (Rhames Decl., 2, Exh. A-B.)  Plaintiffs granted two extensions providing an ultimate deadline of August 23, 2019 for the discovery responses.  (Rhames Decl., ¶¶ 3, 5, Exh. C-D.)  Plaintiffs had not received Defendant Kamran Staffing, Inc.’s outstanding responses as of the time that Michael R. Rhames, Esq. signed his declaration on November 5, 2019.  (Rhames Decl., 8)

The Court finds the motion must be granted.  Plaintiffs properly served the Request for Admissions (Set Two) on Defendant Kamran Staffing, Inc. Defendant Kamran Staffing, Inc. failed to provide timely responses.  There are no facts showing that Defendant Kamran Staffing, Inc. acted with a substantial justification nor any circumstances showing that the imposition of sanctions would be unjust.

Plaintiffs’ request for $2,886.50 in monetary sanctions consists of 4.5 hours in preparing the moving papers and 2 hours in attending the hearing at a rate of $450 an hour, plus one $61.50 filing fee.  (Rhames Decl., 9.)  The Court finds this amount to be unreasonable.  This motion is simple and did not require the amount of time spent on the hearing nor a senior attorney to handle this matter.  Rather, the Court finds $661.50 ($200/hr. x 3 hrs. plus one $61.50 filing fee) to be a reasonable amount of sanctions to be imposed against Defendant Kamran Staffing, Inc. and its counsel of record for their abuse of the discovery process.

The motion is GRANTED.

The Court deems the matters within Request for Admissions (Set Two) Plaintiffs served on Defendant Kamran Staffing, Inc. to be deemed admitted against Defendant Kamran Staffing, Inc.

Defendant Kamran Staffing, Inc. and its counsel of record are ordered to pay $661.50 to Plaintiffs within 30 days of this ruling.

Plaintiffs are ordered to give notice of this ruling.