This case was last updated from Los Angeles County Superior Courts on 07/14/2020 at 12:03:55 (UTC).

JOEY VILLAREAL VS VICTOR FRAGOZA ET AL

Case Summary

On 03/09/2017 JOEY VILLAREAL filed a Personal Injury - Motor Vehicle lawsuit against VICTOR FRAGOZA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ELAINE LU and STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2938

  • Filing Date:

    03/09/2017

  • 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 Judges

ELAINE LU

STEPHEN I. GOORVITCH

 

Party Details

Plaintiff and Petitioner

VILLAREAL JOEY

Defendants and Respondents

FRAGOZA VICTOR

CALIFORNIA INTEMODAL ASSOCIATES

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ARENAS PAUL B.

MASTROIANNI A. DOUGLAS ESQ.

MASTROIANNI ALBERT DOUGLAS ESQ.

MURAMOTO EDWARD

BIREN MATTHEW B.F.

Defendant and Respondent Attorney

REINHOLTZ JACK R. ESQ.

 

Court Documents

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/ DISCOVERY DEADLINES

3/4/2020: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL, FINAL STATUS CONFERENCE AND RELATED MOTION/ DISCOVERY DEADLINES

Association of Attorney

12/26/2019: Association of Attorney

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION REQUESTING 120- DAY CONTINUAN...)

12/27/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION REQUESTING 120- DAY CONTINUAN...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL MOTION TO COMPEL PMK DEPOSITION; ...) OF 11/20/2019

11/20/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL MOTION TO COMPEL PMK DEPOSITION; ...) OF 11/20/2019

Notice of Ruling

7/1/2019: Notice of Ruling

Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

6/7/2019: Ex Parte Application - EX PARTE APPLICATION TO CONTINUE TRIAL

Notice of Ruling

5/23/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF'S RESPONSES TO FORM INT...)

5/21/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF'S RESPONSES TO FORM INT...)

Notice of Ruling

4/23/2019: Notice of Ruling

Notice of Ruling

3/22/2019: Notice of Ruling

Motion to Compel - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S, JOEY VILLAREAL, RESPONSES TO SUPPLEMENTAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS A

2/4/2019: Motion to Compel - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF'S, JOEY VILLAREAL, RESPONSES TO SUPPLEMENTAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS; MEMORANDUM OF POINTS A

Minute Order - Minute Order (Hearing on Ex Parte Application TO CONTINUE TRIAL AND RELATED...)

2/6/2019: Minute Order - Minute Order (Hearing on Ex Parte Application TO CONTINUE TRIAL AND RELATED...)

Substitution of Attorney -

5/2/2018: Substitution of Attorney -

NOTICE OF MOTION; MOTION TO COMPEL PLAINTIFF'S, JOEY VILLAREAL, RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO AND REQUEST FOR SANCTIONS;

7/31/2018: NOTICE OF MOTION; MOTION TO COMPEL PLAINTIFF'S, JOEY VILLAREAL, RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO AND REQUEST FOR SANCTIONS;

DEMAND FOR JURY TRIAL AND NOTICE OF POSTING JURY FEE DEPOSIT

3/9/2017: DEMAND FOR JURY TRIAL AND NOTICE OF POSTING JURY FEE DEPOSIT

COMPLAINT FOR PERSONAL INJURIES

3/9/2017: COMPLAINT FOR PERSONAL INJURIES

PROOF OF SERVICE SUMMONS -

3/28/2017: PROOF OF SERVICE SUMMONS -

AFFIDAVIT OF DUE DILIGENCE

6/9/2017: AFFIDAVIT OF DUE DILIGENCE

60 More Documents Available

 

Docket Entries

  • 09/09/2020
  • Hearing09/09/2020 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 08/26/2020
  • Hearing08/26/2020 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/23/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 04/13/2020
  • Docketat 10:00 AM in Department 32, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 03/09/2020
  • Docketat 08:30 AM in Department 5; (OSC RE Dismissal) - Not Held - Vacated by Court

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  • 03/05/2020
  • DocketNotice of Ruling; Filed by Joey Villareal (Plaintiff)

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  • 03/04/2020
  • Docketat 08:30 AM in Department 32, Stephen I. Goorvitch, Presiding; Hearing on Ex Parte Application (to Continue Trial, Final Status Conference and Related Motion/ Discovery Deadlines) - Held - Motion Granted

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  • 03/04/2020
  • DocketEx Parte Application (to Continue Trial, Final Status Conference and Related Motion/ Discovery Deadlines); Filed by Joey Villareal (Plaintiff)

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  • 03/04/2020
  • DocketMinute Order ( (Hearing on Ex Parte Application to Continue Trial, Final Stat...)); Filed by Clerk

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  • 01/24/2020
  • Docketat 10:30 AM in Department 5; Informal Discovery Conference (IDC)

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109 More Docket Entries
  • 04/17/2017
  • DocketNotice; Filed by Joey Villareal (Plaintiff)

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  • 04/17/2017
  • DocketNOTICE OF ERRATA CORRECTING THE CAPTION PAGE OF THE COMPLAINT AND ATTACHING CORRECTED CAPTION PAGE

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  • 03/28/2017
  • DocketProof-Service/Summons; Filed by Joey Villareal (Plaintiff)

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  • 03/28/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/10/2017
  • DocketReceipt; Filed by Plaintiff/Petitioner

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  • 03/10/2017
  • DocketCIVIL DEPOSIT

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  • 03/09/2017
  • DocketSUMMONS

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  • 03/09/2017
  • DocketComplaint; Filed by Joey Villareal (Plaintiff)

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  • 03/09/2017
  • DocketCOMPLAINT FOR PERSONAL INJURIES

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  • 03/09/2017
  • DocketDEMAND FOR JURY TRIAL AND NOTICE OF POSTING JURY FEE DEPOSIT

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Tentative Rulings

Case Number: BC652938    Hearing Date: November 20, 2019    Dept: 5

Superior Court of California

County of Los Angeles

Department 5

joey villareal,

Plaintiff,

v.

victor fragoza, et al.,

Defendants.

Case No.: BC652938

Hearing Date: November 20, 2019

[TENTATIVE] order RE:

motions to compel depositions

BACKGROUND

Plaintiff Joey Villareal (“Plaintiff”) filed this action following a motor vehicle collision with Defendant Victor Fragoza (“Fragoza”), who was driving a vehicle for Defendant California Intermodal Associates (“California Intermodal Associates”) (collectively, “Defendants”). Plaintiff moves to compel the depositions of Fragoza and the person most qualified to testify on behalf of California Intermodal Associates. Defendants oppose the motions. The motions are denied.

LEGAL STANDARD

Per Code of Civil Procedure section 2025.450, if a party to the action fails to appear for deposition after service of a deposition notice and the party has not served a valid objection to that deposition notice, the party that noticed the deposition may move for an order to compel the deponent to attend and testify at deposition. (Code Civ. Proc., §2025.450, subd. (a).)

DISCUSSION

Plaintiff’s counsel served deposition notices, and Defendants’ counsel served timely objections. (Declaration of Lauren S. Gafa, Exhs. A-D.) Then, the parties agreed to conduct the depositions on November 14, 2019. (Id., ¶ 10.) On November 7, 2019, Defendants’ counsel asked whether Plaintiff’s counsel intended to move forward with the depositions, and he did not respond. (Id., ¶ 12.) Plaintiff’s counsel also never confirmed a location. (Id., ¶ 11.) Plaintiff’s counsel never confirmed the depositions for November 14, 2019, and never sent out deposition notices. (Id., ¶ 13.) When Defendants’ counsel offered additional dates, Plaintiff’s counsel advised that new counsel would be substituting into the case, so he was unable to schedule anything. (Id., ¶¶ 14-15.) Based upon this record, it is clear there is no basis to grant the motion.

Both sides request sanctions. The Court awards sanctions to neither, as both parties bear responsibility for this dispute. Defendants’ counsel failed to cooperate sufficiently before the motion was filed, and Plaintiff’s counsel failed to cooperate sufficiently after the motion was filed. Therefore, an award of sanctions to either party would be unjust.

CONCLUSION AND ORDER

Plaintiff’s motions to compel depositions are denied. The Court denies both parties’ requests for sanctions. Plaintiff shall provide notice and file proof of such with the Court.

DATED: November 20, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court