This case was last updated from Los Angeles County Superior Courts on 10/24/2020 at 03:53:39 (UTC).

GLENDI RUANO VS L A C M T A ET AL

Case Summary

On 05/25/2018 GLENDI RUANO filed a Personal Injury - Motor Vehicle lawsuit against L A C M T A. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7926

  • Filing Date:

    05/25/2018

  • 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

Judge Details

Presiding Judges

LAURA A. SEIGLE

EDWARD B. MORETON

 

Party Details

Plaintiff and Petitioner

RUANO GLENDI

Defendants and Respondents

LATOYA ANGELICA

FELIPE DOUGLAS

L.A.C.M.T.A.

WOOD HILLARY ANN

DOES 1-100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

FELDMAN CARL A. ESQ.

THOMASSIAN ANTONY ARTUR

FELDMAN CARL ARTHUR ESQ.

Defendant Attorneys

SANTOCHI VICTOR WILLIAM

KELLER ARIELA ORNETE

 

Court Documents

Notice of Ruling

10/22/2020: Notice of Ruling

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

10/22/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/27/2020

4/27/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/27/2020

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

3/9/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

3/12/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Declaration - DECLARATION OF CARL FELDMAN IN SUPPORT OF OPPOSITION

2/20/2020: Declaration - DECLARATION OF CARL FELDMAN IN SUPPORT OF OPPOSITION

Motion for Terminating Sanctions

2/5/2020: Motion for Terminating Sanctions

Declaration - DECLARATION DECLARATION OF ARIELA 0 KELLER IN SUPPORT OF DEFENDANTS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND ANGELICA LATOYAS MOTION FOR TERMINATING SANCTIONS AGAINST

2/5/2020: Declaration - DECLARATION DECLARATION OF ARIELA 0 KELLER IN SUPPORT OF DEFENDANTS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND ANGELICA LATOYAS MOTION FOR TERMINATING SANCTIONS AGAINST

Notice - NOTICE DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITYS COMPENDIUM OF EXHIBITS IN SUPPORT OF ITS MOTION FOR TERMINATING SANCTIONS OF DISMISSAL FOR FAILURE TO COMPLY WITH PR

2/5/2020: Notice - NOTICE DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITYS COMPENDIUM OF EXHIBITS IN SUPPORT OF ITS MOTION FOR TERMINATING SANCTIONS OF DISMISSAL FOR FAILURE TO COMPLY WITH PR

Notice of Ruling

12/19/2019: Notice of Ruling

Notice - NOTICE OF NON-OPPOSITION TO ITS MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

12/11/2019: Notice - NOTICE OF NON-OPPOSITION TO ITS MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS

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

12/16/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

10/1/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

Notice - NOTICE DEFENDANT'S NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

9/25/2019: Notice - NOTICE DEFENDANT'S NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS

Notice - NOTICE DEFENDANT'S NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

9/25/2019: Notice - NOTICE DEFENDANT'S NOTICE OF NON-OPPOSITION TO DEFENDANT'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES

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

9/6/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

SUMMONS -

5/25/2018: SUMMONS -

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

5/25/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

23 More Documents Available

 

Docket Entries

  • 01/06/2021
  • Hearing01/06/2021 at 10:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

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  • 01/06/2021
  • Hearing01/06/2021 at 10:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/22/2020
  • Docketat 10:30 AM in Department 27, Edward B. Moreton, Presiding; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 10/22/2020
  • DocketNotice of Ruling; Filed by L.A.C.M.T.A. (Defendant); Angelica Aubery Erroneously Sued As Angelica Latoya (Defendant)

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  • 10/22/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 05/11/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Trial Setting Conference - Not Held - Continued - Court's Motion

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  • 04/27/2020
  • Docketat 1:30 PM in Department 27, Edward B. Moreton, Presiding; Court Order

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  • 04/27/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 04/27/2020
  • DocketCertificate of Mailing for ((Court Order) of 04/27/2020); Filed by Clerk

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  • 03/26/2020
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Jury Trial - Not Held - Advanced and Vacated

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34 More Docket Entries
  • 10/01/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application To continue trial)); Filed by Clerk

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  • 09/25/2019
  • DocketNotice (Defendant's Notice of Non-Opposition to Defendant's Motion to Compel Responses to Request for Production of Documents); Filed by L.A.C.M.T.A. (Defendant)

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  • 09/25/2019
  • DocketNotice (Defendant's Notice of Non-Opposition to Defendant's Motion to Compel Responses to Form Interrogatories); Filed by L.A.C.M.T.A. (Defendant)

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  • 09/06/2019
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by L.A.C.M.T.A. (Defendant)

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  • 09/06/2019
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by L.A.C.M.T.A. (Defendant)

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  • 06/20/2019
  • DocketAnswer; Filed by L.A.C.M.T.A. (Defendant); Angelica Aubery Erroneously Sued As Angelica Latoya (Defendant)

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  • 06/20/2019
  • DocketNotice of Posting of Jury Fees; Filed by L.A.C.M.T.A. (Defendant)

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  • 05/25/2018
  • DocketComplaint; Filed by Glendi Ruano (Plaintiff)

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  • 05/25/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 05/25/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC707926    Hearing Date: March 09, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION FOR TERMINATING SANCTIONS

On May 25, 2018, plaintiff Glendi Ruano (“Plaintiff”) filed this action against defendants Los Angeles County Metropolitan Transportation Authority (“Defendant”), Angelica Aubery (f/k/a and sued as Angelica Latoya, Hillary Ann Wood, and Dougles Felipe. Plaintiff alleges a motor vehicle collision involving a bus. On June 19, 2019, Defendant served Form Interrogatories, Set One and Request for Production of Documents, Set One on Plaintiff. Plaintiff did not serve responses, and Defendant filed motions to compel. Defendant took the motions off calendar because Plaintiff’s counsel agreed to provide responses, but no responses were provided. Defendants again brought motions to compel. The Court granted the motions on December 13, 2019, ordering Plaintiff to serve responses within 20 days of the date of the order and pay $780 in monetary sanctions. Defendant served a notice of ruling on December 19, 2019.

On February 5, 2020, Defendant filed a motion for terminating sanctions on the grounds that Plaintiff had not served the responses as ordered or paid the monetary sanctions. Defendant served the motion by mail.

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

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

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

Plaintiff filed an opposition attaching copies of discovery responses served on February 5, 2020 by mail and explaining why the responses were late. Plaintiff also submitted an attorney declaration stating that the monetary sanctions were paid. On this record, the Court cannot find that Plaintiff is disinterested in prosecuting this action or that the violation of the order was willful.

Accordingly, Defendant’s motion for terminating sanctions is DENIED.

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.

Case Number: BC707926    Hearing Date: December 16, 2019    Dept: 4B

[TENTATIVE] ORDER RE: DEFENDANT LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY’S MOTION TO COMPEL RESPONSES TO DISCOVERY; REQUEST FOR MONETARY SANCTIONS

On May 25, 2018, Plaintiff Glendi Ruano (“Plaintiff”) filed this action against Defendant Los Angeles County metropolitan Transportation Authority (“Defendant”) for negligence arising from a motor vehicle collision involving a bus. On June 19, 2019, Defendant served Form Interrogatories, Set One and Requests for Production of Documents, Set One on Plaintiff. Defendant did not receive responses and filed motions to compel. Defendant then took the motions off calendar after Plaintiff’s counsel agreed to provide full and complete responses. Defendant then attempted without success to meet and confer with Plaintiff. Defendant did not receive responses. Defendant seeks to compel Plaintiff’s responses to discovery and monetary sanctions.

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).)

Plaintiff filed no opposition to these Motions and did not serve responses to Defendant’s requests for discovery. Accordingly, the Motions to compel Plaintiff’s responses are GRANTED. Plaintiff is ordered to serve verified responses, without objection, to Defendant’s Form Interrogatories, Set One and Requests for Production of Documents, Set One within twenty (20) days of the date of this Order.

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), 2031.300, subd. (c).) Defendant’s request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the amount of $780.00, 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 SSCDEPT4B@lacourt.org indicating intention to submit on the tentative. The Court will be dark on Dec. 16, 2019. A party requesting argument should contact Dept. 4B for an alternate hearing date.