This case was last updated from Los Angeles County Superior Courts on 05/25/2019 at 04:52:07 (UTC).

KIMBERLY MCWILLIAM ET AL VS VAIDA ONESTO ET AL

Case Summary

On 12/11/2017 KIMBERLY MCWILLIAM filed a Personal Injury - Motor Vehicle lawsuit against VAIDA ONESTO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6475

  • Filing Date:

    12/11/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

MCWILLIAM KIMBERLY

MCWILLIAM ANDREW

Defendants and Respondents

ONESTO VAIDA

DOES 1 TO 15

ONESTO NICK

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

ROSS STEVEN

 

Court Documents

Complaint

12/11/2017: Complaint

Summons

12/11/2017: Summons

CoverSheet

12/11/2017: CoverSheet

 

Docket Entries

  • 12/11/2017
  • DocketComplaint; Filed by Kimberly McWilliam (Plaintiff); Andrew McWilliam (Plaintiff)

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  • 12/11/2017
  • DocketComplaint

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  • 12/11/2017
  • DocketSummons; Filed by null

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Tentative Rulings

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Case Number: ****6475 Hearing Date: August 9, 2021 Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

KIMBERLY MCWILLIAM, et al.,

Plaintiff(s),

vs.

VAIDA ONESTO, et al.,

Defendant(s).

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CASE NO.: ****6475

[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL PLAINTIFFS’ RESPONSES TO WRITTEN DISCOVERY; REQUEST FOR SANCTIONS

Dept. 27

8:30 a.m.

August 9, 2021

On December 11, 2017, plaintiffs Kimberly McWilliam (“Plaintiff”) and Andrew McWilliamfiled this action against defendants Vaia Onesto and Nick Onesto (collectively, “Defendants”) arising from an automobile accident. On February 17, 2021, Defendants served Specially Prepared Interrogatories (Set Two) and Demand for Inspection and Production of Documents (Set Two) on Plaintiff. No responses were received. On June 17, 2021, Defendants sent Plaintiff a letter requesting responses. Defendant did not receive a response and filed its motions on June 29, 2021 for an order compelling Plaintiff’s verified responses, without objections, within 10 days.

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.)

Plaintiff did not oppose the Motion and it is undisputed responses were not served. Defendants’ Motion is GRANTED and Plaintiff is ordered to serve verified responses without objections to Defendant’s Specially Prepared Interrogatories (Set Two) and Demand for Inspection and Production of Documents (Set Two) within 10 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).)

Defendants’ request for monetary sanctions is GRANTED and imposed against Plaintiff and counsel of record, jointly and severally, in the reduced amount of $440.34 for 2 hours at defense counsel’s hourly rate of $160.17.00 and $120.00 in filing fees, to be paid within 10 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 SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

Dated this 9th day of August 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

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Case Number: ****6475    Hearing Date: March 13, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTIONS TO COMPEL PLAINTIFFS’ RESPONSES TO DISCOVERY AND MONETARY SANCTIONS

On December 11, 2017, Plaintiffs Kimberly McWilliams and Andrew McWilliams (collectively, “Plaintiffs”) filed this action against Defendants Vaida Onesto and Nick Onesto (collectively, “Defendants”) arising from a December 11, 2015 automobile accident. On October 28, 2019, Defendants served each Plaintiff with special interrogatories, demands for production of documents, and form interrogatories. Defendants granted Plaintiffs two extensions on the responses but did not receive responses. Defendants move to compel Plaintiffs’ responses to discovery and for 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).)

Plaintiffs filed no opposition to these motions and failed to serve responses to Defendants’ requests for discovery. Accordingly, the motions are GRANTED. Plaintiffs are each ordered to serve verified responses, without objection, to Defendants’ special interrogatories, demands production of documents, and form interrogatories 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).) Defendants’ request for monetary sanctions is GRANTED and imposed against: (1) Kimberly McWilliams and counsel of record, jointly and severally, in the amount of $611.25, to be paid within twenty (20) days of the date of this order; and (2) Andrew McWilliams and counsel of record, jointly and severally, in the amount of $611.25.00, 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 SSCDEPT27@lacourt.org indicating intention to submit on the tentative.