This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:48:09 (UTC).

JEANNINE THAYER ET AL VS FORZA CONSTRUCTION INC ET AL

Case Summary

On 09/11/2017 JEANNINE THAYER filed a Personal Injury - Motor Vehicle lawsuit against FORZA CONSTRUCTION INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5344

  • Filing Date:

    09/11/2017

  • 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

Judge Details

Presiding Judge

JON R. TAKASUGI

 

Party Details

Plaintiffs and Petitioners

THAYER DEACON

THAYER JEANNINE

Defendants and Respondents

FORZA CONSTRUCTION INC.

COLEMAN DAN

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GEOULLA DANIEL D. ESQ.

Defendant Attorneys

FARMER JOHN T. LAW OFFICES OF

FARMER JOHN T.

 

Court Documents

Certificate of Mailing for

7/10/2019: Certificate of Mailing for

Order

7/17/2019: Order

Proof of Service (not Summons and Complaint)

7/17/2019: Proof of Service (not Summons and Complaint)

Declaration in Support of Ex Parte Application

7/17/2019: Declaration in Support of Ex Parte Application

Ex Parte Application

7/19/2019: Ex Parte Application

Minute Order

7/19/2019: Minute Order

DEMAND FOR JURY TRIAL AND NOTICE OF DEPOSIT OF JURY FEES ON BE-HALF OF DEFENDANTS FORZA CONSTRUCTION, INC. AND DAN COLEMAN

9/14/2018: DEMAND FOR JURY TRIAL AND NOTICE OF DEPOSIT OF JURY FEES ON BE-HALF OF DEFENDANTS FORZA CONSTRUCTION, INC. AND DAN COLEMAN

CIVIL DEPOSIT

9/14/2018: CIVIL DEPOSIT

Application And Order For Appointment of Guardian Ad Litem

10/24/2018: Application And Order For Appointment of Guardian Ad Litem

Stipulation and Order

2/14/2019: Stipulation and Order

Stipulation and Order

4/16/2019: Stipulation and Order

ANSWER OF DEFENDANTS FORZA CONSTRUCTION, INC. AND DAN COLEMAN TO COMPLAINT

7/12/2018: ANSWER OF DEFENDANTS FORZA CONSTRUCTION, INC. AND DAN COLEMAN TO COMPLAINT

CoverSheet

9/11/2017: CoverSheet

CoverSheet

9/11/2017: CoverSheet

Summons

9/11/2017: Summons

Complaint

9/11/2017: Complaint

4 More Documents Available

 

Docket Entries

  • 09/11/2020
  • Hearingat 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 02/27/2020
  • Hearingat 08:30 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/13/2020
  • Hearingat 10:00 AM in Department 3 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/19/2019
  • Docketat 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Hearing on Ex Parte Application (to Continue Trial and Related Dates) - Held

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  • 07/19/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application to Continue Trial and Related...)); Filed by Clerk

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  • 07/19/2019
  • DocketEx Parte Application (to Continue Trial and Related Dates); Filed by Forza Construction Inc. (Defendant); Dan Coleman (Defendant)

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  • 07/17/2019
  • DocketDeclaration in Support of Ex Parte Application; Filed by Forza Construction Inc. (Defendant); Dan Coleman (Defendant)

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  • 07/17/2019
  • DocketProof of Service (not Summons and Complaint); Filed by Forza Construction Inc. (Defendant); Dan Coleman (Defendant)

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  • 07/17/2019
  • DocketOrder (Proposed Order Granting Ex Parte Application); Filed by Forza Construction Inc. (Defendant); Dan Coleman (Defendant)

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  • 07/10/2019
  • DocketCertificate of Mailing for ([Notice of Rejection Of Electronic Filing]); Filed by Clerk

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6 More Docket Entries
  • 10/24/2018
  • DocketApplication And Order For Appointment of Guardian Ad Litem; Filed by Jeannine Thayer (Plaintiff); Deacon Thayer (Plaintiff)

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  • 09/14/2018
  • DocketCIVIL DEPOSIT

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  • 09/14/2018
  • DocketReceipt; Filed by Forza Construction Inc. (Defendant); Dan Coleman (Defendant)

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  • 09/14/2018
  • DocketDemand for Jury Trial; Filed by Forza Construction Inc. (Defendant); Dan Coleman (Defendant)

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  • 09/14/2018
  • DocketDEMAND FOR JURY TRIAL AND NOTICE OF DEPOSIT OF JURY FEES ON BE-HALF OF DEFENDANTS FORZA CONSTRUCTION, INC. AND DAN COLEMAN

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  • 07/12/2018
  • DocketAnswer; Filed by Forza Construction Inc. (Defendant)

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  • 07/12/2018
  • DocketANSWER OF DEFENDANTS FORZA CONSTRUCTION, INC. AND DAN COLEMAN TO COMPLAINT

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  • 09/11/2017
  • DocketComplaint; Filed by Jeannine Thayer (Plaintiff); Deacon Thayer (Plaintiff)

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  • 09/11/2017
  • DocketSummons; Filed by Jeannine Thayer (Plaintiff); Deacon Thayer (Plaintiff)

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  • 09/11/2017
  • DocketComplaint

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Tentative Rulings

Case Number: BC675344    Hearing Date: January 13, 2020    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

JEANNINE THAYER, ET AL.,

Plaintiff(s),

vs.

FORZA CONSTRUCTION, INC., ET AL.,

Defendant(s).

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Case No.: BC675344

[TENTATIVE] ORDER DENYING MOTIONS TO DEEM RFAS ADMITTED

Dept. 3

1:30 p.m.

January 13, 2020

Plaintiffs seek to deem RFAs, sets three and four, propounded on Defendants, Forza and Coleman, deemed admitted. Defense Counsel declares, at ¶¶3-5 of her declaration in opposition to the motion, that upon receipt of Plaintiffs’ other discovery motions, she asked Plaintiffs’ attorney if there was any additional discovery outstanding. Plaintiffs’ attorney stated there was not, and then filed these motions two months later. Plaintiffs do not address this statement in reply, and therefore it stands uncontested. The Court finds this very troubling.

The Court cannot grant a motion to deem RFAs admitted if the responding party, prior to the hearing, serves responses in substantial compliance with the Code. Defendants did so. Any additional determination concerning the merits of the responses must be handled by way of a motion to compel further responses.

The Court realizes its discretion to decline to impose sanctions in Plaintiffs’ favor is limited. However, the Court finds Plaintiffs’ attorney’s tactics in stating there are no additional discovery obligations outstanding and then filing these motions two months later to be so egregious that it declines to impose sanctions on Defendants. Defendants’ request for sanctions is also denied, as it is clear Defendants did not timely respond to the RFAs at issue.

Plaintiffs are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.

Case Number: BC675344    Hearing Date: January 10, 2020    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

JEANNINE THAYER, ET AL.,

Plaintiff(s),

vs.

FORZA CONSTRUCTION, INC., ET AL.,

Defendant(s).

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)

)

)

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Case No.: BC675344

ORDER CONTINUING HEARING ON MOTIONS TO COMPEL

Dept. 3

1:30 p.m.

January 10, 2020

This case has motions to deem RFAs admitted on calendar on 1/10/20, and also has motions to deem RFAs admitted on calendar 1/13/20.  The Court wishes to hear all of the motions together.  The 1/10/20 hearings are therefore continued to 1/13/20 at 1:30 p.m. in Department 3, to be heard contemporaneously with the scheduled 1/13/20 motions.  Plaintiffs are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  

Case Number: BC675344    Hearing Date: November 06, 2019    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

JEANNINE THAYER, ET AL.,

Plaintiff(s),

vs.

FORZA CONSTRUCTION, INC., ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: BC675344

[TENTATIVE] ORDER GRANTING PLAINTIFF’S MOTIONS TO COMPEL AND MOTION TO DEEM RFAS ADMITTED

Dept. 3

1:30 p.m.

November 6, 2019

Plaintiff, Jeannine Thayer propounded special interrogatories, set two, form interrogatories, set two, RPDs, set two, and RFAs, set two on Defendant, Forza Construction, Inc. and Dan Coleman on 12/12/18. Plaintiff seeks an order compelling Defendants to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and requiring Defendants and Defense Counsel to pay sanctions.

Defendants oppose the motions, contending the discovery was not originally received, and once it was received, their attorney experienced medical and family emergencies, such that responses were not served. Defense Counsel declares responses are being prepared and will be served prior to the hearing on the motions. Plaintiff objects to most of the declaration, correctly noting that one attorney is attempting to state what happened to another attorney, which lacks personal knowledge and is hearsay. The objections are sustained.

Plaintiff’s motions to compel are granted. To the extent Defendants have not already done so, Defendants are ordered to serve verified responses to form interrogatories, set two, special interrogatories, set two, and RPDs, set two, without objections, within ten days. CCP §§2030.290(a),(b), 2031.300(a),(b).

To the extent Defendants fail to serve verified responses to the RFAs, in substantial compliance with the code, prior to the hearing on the motions, Plaintiff’s motions to deem RFAs admitted are granted. To the extent Defendants establish they served such responses, the motions will be substantively denied. CCP §2033.280(b).

Sanctions are mandatory in connection with the motions to compel unless Defendants show good cause or substantial justification. §§2030.290(c), 2031.300(c). Sanctions are absolutely mandatory in connection with the motions to deem RFAs admitted. §2033.280(c). Because the objections concerning the portion of the declaration showing why responses were not timely served are sustained, Defendants failed to show good cause or substantial justification for failure to serve timely responses.

Plaintiff seeks sanctions in the amounts of $1110/motion. Counsel bills at the rate of $300/hour. The Court awards one hour of time to prepare each of these form discovery motions. The Court awards .5 hours to prepare the objections to the opposition. The Court awards the requested one hour to appear at the hearing on the motion, but only awards the time one. The Court therefore awards a total of 7.5 hours of attorney time at the requested rate $300/hour, or $1500 in attorneys’ fees. The Court also awards six filing fees of $60 each, or $360 in costs. Sanctions are sought against and imposed against Defendants and their attorney of record, jointly and severally; they are ordered to pay sanctions to Plaintiff, by and through her attorney of record, in the amount of $1860, within twenty days.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.