This case was last updated from Los Angeles County Superior Courts on 11/21/2019 at 22:57:54 (UTC).

HORACIO AYALA VS KATHERINE CLARK ET AL

Case Summary

On 07/03/2017 HORACIO AYALA filed a Personal Injury - Motor Vehicle lawsuit against KATHERINE CLARK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7075

  • Filing Date:

    07/03/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GEORGINA T. RIZK

 

Party Details

Petitioner and Plaintiff

AYALA HORACIO

Respondents and Defendants

DOES 1 TO 10

BOYCE SAMUEL

CLARK KATHERINE

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

MARRACHE HECTOR A. ESQ.

MARRACHE HECTOR ANTONIO ESQ.

Defendant Attorney

DINEROS JASON

 

Court Documents

COMPLAINT FOR DAMAGES

7/3/2017: COMPLAINT FOR DAMAGES

SUMMONS -

7/3/2017: SUMMONS -

Application for Publication - APPLICATION FOR ORDER TO PUBLISH

5/13/2019: Application for Publication - APPLICATION FOR ORDER TO PUBLISH

Application for Publication - APPLICATION FOR ORDER TO PUBLISH

4/25/2019: Application for Publication - APPLICATION FOR ORDER TO PUBLISH

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE; TRI...)

3/20/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE; TRI...)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Tri...) of 02/22/2019

2/22/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Tri...) of 02/22/2019

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Tri...)

2/22/2019: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Tri...)

Minute Order - Minute Order (Final Status Conference)

12/17/2018: Minute Order - Minute Order (Final Status Conference)

Notice of Posting of Jury Fees

7/29/2019: Notice of Posting of Jury Fees

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL WHY THIS ACTION SHOULD NOT ...)

7/22/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL WHY THIS ACTION SHOULD NOT ...)

Answer - ANSWER TO UNVERIFIED COMPLAINT OF HORACIO AYALA

6/24/2019: Answer - ANSWER TO UNVERIFIED COMPLAINT OF HORACIO AYALA

Demand for Jury Trial

6/24/2019: Demand for Jury Trial

Minute Order - MINUTE ORDER (- TRIAL SETTING CONFERENCE; - ORDER TO SHOW CAUSE RE: DISMIS...)

6/21/2019: Minute Order - MINUTE ORDER (- TRIAL SETTING CONFERENCE; - ORDER TO SHOW CAUSE RE: DISMIS...)

Notice and Acknowledgment of Receipt

6/11/2019: Notice and Acknowledgment of Receipt

Notice and Acknowledgment of Receipt

6/11/2019: Notice and Acknowledgment of Receipt

Order for Publication - ORDER FOR PUBLICATION FOR SAMUEL

5/28/2019: Order for Publication - ORDER FOR PUBLICATION FOR SAMUEL

4 More Documents Available

 

Docket Entries

  • 07/06/2020
  • Hearing07/06/2020 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 05/12/2020
  • Hearing05/12/2020 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 04/28/2020
  • Hearing04/28/2020 at 10:00 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/29/2019
  • DocketNotice of Posting of Jury Fees; Filed by Katherine Clark (Defendant); Samuel Boyce (Defendant)

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  • 07/22/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Trial Setting Conference - Held

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  • 07/22/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Dismissal (Why This Action Should Not Be Dismissed for Failure of Plaintiff to Serve/Prosecute) - Not Held - Taken Off Calendar by Court

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  • 07/22/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal Why This Action Should Not ...)); Filed by Clerk

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  • 06/24/2019
  • DocketAnswer (to Unverified Complaint of Horacio Ayala); Filed by Katherine Clark (Defendant); Samuel Boyce (Defendant)

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  • 06/24/2019
  • DocketDemand for Jury Trial; Filed by Katherine Clark (Defendant)

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  • 06/21/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Trial Setting Conference - Held - Continued

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12 More Docket Entries
  • 02/22/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Trial Setting Conference - Held - Continued

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  • 02/22/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Held - Continued

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  • 02/22/2019
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service; Tri...)); Filed by Clerk

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  • 02/22/2019
  • DocketCertificate of Mailing for (Minute Order (Order to Show Cause Re: Failure to File Proof of Service; Tri...) of 02/22/2019); Filed by Clerk

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  • 01/03/2019
  • Docketat 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 12/17/2018
  • Docketat 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 12/17/2018
  • DocketMinute Order ((Final Status Conference)); Filed by Clerk

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  • 07/03/2017
  • DocketCOMPLAINT FOR DAMAGES

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  • 07/03/2017
  • DocketSUMMONS

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  • 07/03/2017
  • DocketComplaint; Filed by Horacio Ayala (Plaintiff)

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Tentative Rulings

Case Number: ****7075    Hearing Date: April 6, 2021    Dept: 29

Ayala  vs.  Clark, et al

TENTATIVEDefendants' Motion to Compel Plaintiff's Deposition; Request for Sanctions is Granted

Plaintiff has not appeared for the deposition and there is no opposition. Monetary sanctions are reduced  because as there is no opposition and plaintiff appears to be self represented.  Additionally, two hours for appearance time is excessive because the hearing will be done remotely. 

Sanctions are awarded in the reduced amount of $260 to be paid by Plaintiff.Moving party to give notice.



Case Number: ****7075    Hearing Date: January 12, 2021    Dept: 29

****7075 Horacio Ayala v. Katherine Clark, et al.

The unopposed Motion to Be Relieved as Counsel for Plaintiff, Horacio Ayala, is GRANTED. Counsel has complied with California Rules of Court 3.1362. The order is effective upon the filing of the proof of service of the order on the Plaintiff. Until then, counsel remains counsel of record.

Moving party is ordered to give notice.



Case Number: ****7075    Hearing Date: December 10, 2020    Dept: 29

The unopposed Motion to Be Relieved as Counsel for Plaintiff, Horacio Ayala, is TAKEN OFF CALENDAR for defective notice. Counsel reserved the hearing on this motion to take place on 12/10/20. However, on 11/18/20, Counsel filed and served a document entitled “Amended Dates Re Motion to Be Relieved as Counsel” purporting to change the hearing date from 12/10/20 to 12/12/20. The Court’s file does not reflect that Counsel changed the hearing date from 12/10/20 to 12/12/20.

Moving party is ordered to give notice.



Case Number: ****7075    Hearing Date: August 17, 2020    Dept: 29

Ayala v. Clark et al.

Defendants’ Motion for an Order Imposing Terminating Sanctions, Including Dismissal of Plaintiff’s Complaint and Request for Sanctions is DENIED.

On 2/24/2020, the Court ordered Plaintiff to pay $930 in sanctions for costs and fees incurred by Defendants, who filed three motions to compel responses to written discovery. Because responses were provided prior to the hearing, the request for an order to provide responses was denied as moot.

Defendants now seek terminating sanctions because Plaintiff has not paid the sanctions. Defendants’ motion is wholly without merit and is indeed frivolous. The order imposing sanctions is enforceable through the execution of judgment laws, not through a further sanctions order. The law is clear that terminating sanctions for failure to pay monetary sanctions is “never justified.” (Newland v. Superior Court (1995) 40 Cal. App. 4th 608, 614.)

Moving party is ordered to give notice. 



Case Number: ****7075    Hearing Date: February 24, 2020    Dept: 29

Ayala v. Clark et al.

Defendants’ Three Motions to Compel Verified Responses to Special Interrogatories, Form Interrogatories and Demand for Production of Documents; Requests for Monetary Sanctions are GRANTED. Plaintiff is ordered to provide verified responses, without objection, within 20 days.

On June 24, 2019, Defendants’ counsel caused to be served on Plaintiff Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set One. (Feldman Decls. ¶ 2.) Plaintiff failed to respond to the discovery. (Id. ¶ 3.) Defense counsel attempted to meet and confer, but no response has been received. Plaintiff has not opposed these motions.

Accordingly, pursuant to sections CCP ; 2031.010 and 2030.290 of the Code of Civil Procedure, the Court orders Plaintiff to provide verified responses to the form interrogatories, special interrogatories and requests for production, without objection, within 20 days.

The Court imposes sanctions on Plaintiff Horacio Ayala in the total amount of $930 for all three motions for the failure to respond to authorized methods of discovery, which is discovery abuse. Cal Code Civil Procedure ;2023.010(d). The sanctions are payable within 30 days.

Moving party is ordered to give notice.



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