This case was last updated from Los Angeles County Superior Courts on 06/18/2019 at 21:50:06 (UTC).

JUDITH MALDONADO VS. GERARDO ORNELAS, ET AL.

Case Summary

On 04/21/2017 JUDITH MALDONADO filed a Property - Other Real Property lawsuit against GERARDO ORNELAS. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7715

  • Filing Date:

    04/21/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiff

MALDONADO JUDITH

Defendants

ORNELAS CELIA

CASH CELIA ORNELAS

ORNELAS GERARDO

Attorney/Law Firm Details

Other Attorneys

LAW OFFICES OF CHARLES K. WAKE

 

Court Documents

Unknown

4/21/2017: Unknown

Other -

4/21/2017: Other -

Unknown

4/21/2017: Unknown

Civil Case Cover Sheet

4/21/2017: Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court)

4/21/2017: Order on Court Fee Waiver (Superior Court)

Summons

4/21/2017: Summons

Minute Order

9/18/2017: Minute Order

Proof of Service (not Summons and Complaint)

10/12/2017: Proof of Service (not Summons and Complaint)

Minute Order

10/19/2017: Minute Order

Answer

10/20/2017: Answer

Proof of Service (not Summons and Complaint)

10/26/2017: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

11/14/2017: Proof of Service (not Summons and Complaint)

Substitution of Attorney

11/16/2017: Substitution of Attorney

Unknown

11/16/2017: Unknown

Minute Order

11/16/2017: Minute Order

Minute Order

1/8/2018: Minute Order

Unknown

4/17/2018: Unknown

Minute Order

4/17/2018: Minute Order

28 More Documents Available

 

Docket Entries

  • 05/22/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Order to Show Cause Re: (Dismissal/Default as to defendant Gerardo Ornelas) - Held

    Read MoreRead Less
  • 05/22/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held - Continued

    Read MoreRead Less
  • 05/22/2019
  • Substitution of Attorney; Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 05/22/2019
  • Minute Order ( (ORDER TO SHOW CAUSE RE: DISMISSAL/DEFAULT AS TO DEFENDANT GER...)); Filed by Clerk

    Read MoreRead Less
  • 05/21/2019
  • Notice of Limited Scope Representation; Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 05/15/2019
  • Case Management Statement; Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 04/16/2019
  • Request for Entry of Default / Judgment; Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 04/16/2019
  • Substitution of Attorney; Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 03/27/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing - Other (DEFAULT PROVE-UP SETTING) - Not Held - Taken Off Calendar by Court

    Read MoreRead Less
  • 03/27/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Status Conference (DEAULT/DISMISSAL AS TO DEFENDANT GERARDO ORNELAS) - Held - Continued

    Read MoreRead Less
38 More Docket Entries
  • 10/19/2017
  • Minute order entered: 2017-10-19 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 10/12/2017
  • Proof of Service (not Summons and Complaint); Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 09/18/2017
  • at 08:30 AM in Department F47; Case Management Conference (Conference-Case Management; OSC Set) -

    Read MoreRead Less
  • 09/18/2017
  • Minute order entered: 2017-09-18 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 04/21/2017
  • Notice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 04/21/2017
  • Civil Case Cover Sheet; Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 04/21/2017
  • Complaint filed-Summons Issued; Filed by null

    Read MoreRead Less
  • 04/21/2017
  • Summons; Filed by null

    Read MoreRead Less
  • 04/21/2017
  • Order on Court Fee Waiver (Superior Court); Filed by JUDITH MALDONADO (Plaintiff)

    Read MoreRead Less
  • 04/21/2017
  • Other - (Notice of Case Management Conference); Filed by Clerk

    Read MoreRead Less

Tentative Rulings

b'

Case Number: PC057715 Hearing Date: October 22, 2021 Dept: F47

Dept. F-47

\r\n\r\n

Date: 10/22/21

\r\n\r\n

Case #PC057715

\r\n\r\n

\r\n\r\n

MOTION TO\r\nCOMPEL

\r\n\r\n

(Special\r\nInterrogatories, Set 1)

\r\n\r\n

\r\n\r\n

Motion filed on 5/13/21.

\r\n\r\n

\r\n\r\n

MOVING PARTY: Defendant Celia Ornelas Cash

\r\n\r\n

RESPONDING PARTY: Plaintiff Judith Maldonado

\r\n\r\n

NOTICE: ok

\r\n\r\n

\r\n\r\n

RELIEF REQUESTED: An order compelling\r\nPlaintiff to provide verified responses, without objections, to Defendant Celia\r\nOrnelas Cash’s Special Interrogatories, Set 1. \r\nAdditionally, Defendant requests that Plaintiff pay sanctions in the\r\namount of, at least, $2,536.65 (increased to $3,976.65 in the reply).

\r\n\r\n\r\n\r\n

\r\n\r\n

RULING: The motion is granted. Responses without objections are due within\r\n20 days. Sanctions in the amount of\r\n$1,500.00 are imposed against Plaintiff payable within 20 days.

\r\n\r\n

\r\n\r\n

On 1/5/21, Defendant Celia Ornelas Cash (Cash) served Plaintiff\r\nwith Special Interrogatories, Set 1, by mail making responses due by\r\n2/9/21. (Wake Decl. ¶2, Ex.1). Plaintiff failed to serve timely responses. (Wake Decl. ¶3). Despite meet and confer efforts with\r\nPlaintiff, while she was representing herself, and later with Plaintiff’s\r\ncurrent counsel, Plaintiff failed to serve responses before the instant motion\r\nwas filed and served on 5/13/21. (Wake\r\nDecl. ¶¶4-5, Ex.2).

\r\n\r\n

\r\n\r\n

On 5/13/21, Cash filed and served the instant motion\r\nseeking an order compelling Plaintiff to provide verified responses, without\r\nobjections, to Cash’s Special Interrogatories, Set 1. Additionally, Cash requests that Plaintiff\r\npay sanctions in the amount of, at least, $2,536.65 (increased to $3,976.65 in\r\nthe reply). An opposition to the motion\r\nwas due to be filed and served on or before 10/8/21 (9 court days before the\r\n10/22/21 hearing date). CCP\r\n1005(b). On 10/15/21, Plaintiff served,\r\nby email, and filed a late opposition to the motion. On the same date, Cash filed and served a\r\nreply wherein Cash’s counsel indicates that he never agreed to accept service\r\nby email as required by CCP 1010.6(a)(2)(A)(i).

\r\n\r\n

\r\n\r\n

Both the opposition and reply indicate that Plaintiff\r\nserved responses on 6/3/21. (Wake Decl.\r\n¶9; Opp., Ex.A verification signed 10/14/21). \r\nHowever, those responses were not verified making them the equivalent to\r\nno response at all. Id.; See\r\nAppleton (1988) 206 CA3d 632, 636. \r\nAdditionally, contrary to the assertion in the reply that Plaintiff\r\nserved responses without objections, the responses begin with “General Answers\r\nand Objections.” (emphasis\r\nadded) (See Opp., Ex.A, p.1:27-p.2:15). \r\nSince Plaintiff did not serve verified responses until 10/15/21, well\r\nafter the instant motion was filed and served, the Court may still rule on the instant\r\nmotion. See Sinaiko Healthcare\r\nConsulting, Inc. (2007) 148 CA4th 390, 407.

\r\n\r\n

\r\n\r\n

As such, Plaintiff is ordered to provide verified\r\nresponses, without objections, to Cash’s Special Interrogatories, Set 1, within\r\n20 days. Additionally, since Cash was required\r\nto file and serve the instant motion in order to obtain such responses, Cash is\r\nentitled to an award of sanctions against Plaintiff. CCP 2030.290(c); CRC 3.1348(a). Based on the foregoing, sanctions are imposed\r\nagainst Plaintiff in the amount of $1,500.00, payable within 20 days.

\r\n\r\n

\r\n\r\n

The Court further notes that Plaintiff has failed to\r\ncomply with the “Technical Requirements” set forth in the 5/3/19 First Amended General Order Re Mandatory Electronic Filing\r\nfor Civil in that Plaintiff has failed to bookmark the declaration and exhibit\r\nattached to the opposition. (5/3/19\r\nFirst Amended General Order Re Mandatory Electronic Filing for Civil,\r\np.4:4-p.5:12) See also CRC 3.1110(f)(4). Failure to comply with these requirements in\r\nthe future may result in matters being placed off calendar, matters being\r\ncontinued so documents can be resubmitted in compliance with these\r\nrequirements, documents not being considered and/or the imposition of\r\nsanctions.

\r\n\r\n

\r\n\r\n

Additionally,\r\nthe declaration of Plaintiff’s counsel is not executed in compliance with CCP\r\n2015.5. Further, the opposition contends\r\nthat Plaintiff has limited knowledge of the English language, but it gives no\r\nindication that the discovery responses, which are in English, were translated\r\nto Plaintiff in another language. \r\n(Panossian-Bassler Decl. ¶¶2, 4). \r\nNor does the opposition explain how Plaintiff filed/drafted the\r\nComplaint in this action in English, while representing herself, if she has\r\nlimited knowledge of the English language. \r\n

\r\n\r\n

'

Case Number: PC057715    Hearing Date: May 5, 2021    Dept: F47

Dept. F-47

Date: 5/5/21 TRIAL DATE: 1/24/22

Case #PC057715

MOTION TO COMPEL

Motion filed on 3/8/21.

MOVING PARTY: Defendant Celia Ornelas Cash

RESPONDING PARTY: Plaintiff Judith Maldonado

RELIEF REQUESTED: An order compelling Plaintiff to provide responses to Defendant Celia Ornelas’ Special Interrogatories served on 1/5/21. Additionally, Defendant requests sanctions against Plaintiff in the amount of $2,311.65.

RULING: The motion is placed off calendar.

At the time this motion was served on 3/8/21, Plaintiff was representing herself. The proof of service attached to the motion indicates that it was served on Plaintiff’s correct address by mail. The proof of service also indicates that a “courtesy copy” of the motion was mailed to attorney Natalie Panossian-Bassler. Attorney Panossian-Bassler filed a substitution of attorney formally substituting in as Plaintiff’s counsel on 3/17/21. The proof of service attached to the substitution of attorney indicates that it was served on defense counsel on 3/15/21. The zip code for attorney Panossian-Bassler in the proof of service for the motion is incorrect (93020 v. 93021).

The original hearing date for this motion was 8/16/21. (See Motion, p.1:15; Reservation Receipt attached to motion). If the hearing was proceeding on 8/16/21, the defect in the address for attorney Panossian-Bassler in the proof of service would be irrelevant as attorney Pannosian-Bassler was not Plaintiff’s counsel of record at the time the motion was served. However, pursuant to Defendant’s request at the 3/18/21 Status Conference, the hearing on the instant motion was advanced to 3/18/21 and continued to 5/5/21. (See 3/18/21 Minute Order). Defendant was ordered to give notice. Id. Defendant has failed to file evidence that she provided notice that the hearing on the motion was changed to 5/5/21 as ordered by the Court. No response to the motion has been filed by Plaintiff.

Based on the foregoing, the motion is placed off calendar due to Defendant’s failure to provide notice of the current hearing date.

Case Number: PC057715    Hearing Date: January 05, 2021    Dept: F47

Dept. F-47

Date: 1/5/21

Case #PC057715

MOTION FOR RELIEF FROM FAILURE TO APPEAR/DEFAULT

Motion filed on 11/13/20.

MOVING PARTY: Defendants Celia Ornelas-Cash and Gerardo Ornelas

RESPONDING PARTY: Plaintiff Judith Maldonado

NOTICE: ok

RELIEF REQUESTED: An order relieving them from their failure to appear in this matter at the Trial Setting Conference on 8/13/20 and at the Order to Show Cause re: Sanctions on 9/15/20.

RULING: The unopposed motion is granted as set forth below.

On 9/15/20, the Answer to the Complaint filed by Defendant Celia Ornelas on 10/20/17 was stricken and her default was entered due to her failure to appear at the 8/13/20 Trial Setting Conference and Mandatory Settlement Conference and her failure to appear at the resulting 9/15/20 Order to Show Cause Re: Sanctions. (See 9/15/20 Minute Order). The Court noted that default had previously been entered against Defendant Gerardo Ornelas. Id.

On 11/30/20, this Court signed an order, pursuant to the stipulation of Plaintiff and Defendant Gerardo Ornelas signed on 7/22/19, that the default judgment entered against Gerardo Ornelas on 4/16/19 is vacated. (NOTE: Only default was entered against Gerardo Ornelas on 4/16/19, not default judgment.). The stipulation and order required Defendant Gerardo Ornelas to file his Answer to the Complaint within 20 days of entry of the stipulation as an order of the Court. (See 11/30/20 Stipulation & Order, p.2:8-9). Defendant Gerardo Ornelas has yet to separately file his Answer, copies of which are attached to the Stipulation and Order and this motion. Therefore, Defendant Gerardo Ornelas is ordered to immediately file his Answer to the Complaint.

Defendants’ attorney has submitted a declaration stating that the failure to appear on 8/13/20 and 9/15/20 was solely his fault. (See Wake Decl.). Based on the foregoing and the fact that the instant motion is made within six months of the entry of default against Defendant Celia Ornelas, relief is mandatory as to Defendant Celia Ornelas. CCP 473(b).