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This case was last updated from Los Angeles County Superior Courts on 06/01/2021 at 06:39:23 (UTC).

MELODY OBEDIAN VS MARIO SARAVIA CISNEROS, ET AL.

Case Summary

On 06/26/2020 MELODY OBEDIAN filed a Personal Injury - Other Personal Injury lawsuit against MARIO SARAVIA CISNEROS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL E. WHITAKER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4139

  • Filing Date:

    06/26/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL E. WHITAKER

 

Party Details

Plaintiff

OBEDIAN MELODY

Defendants and Cross Plaintiffs

BONNIE MCKEE C/O MSI MANAGEMENT SERVICES INC.

CISNEROS MARIO SARAVIA

Defendant and Cross Defendant

CISNEROS MARIO SARAVIA

Attorney/Law Firm Details

Plaintiff Attorney

GHERMEZIAN RAYMOND

Defendant and Cross Defendant Attorneys

MICHAEL CHRISTINA F.

HAMBARCHYAN ARIN

 

Court Documents

Answer

1/4/2021: Answer

Answer

1/4/2021: Answer

Reply - REPLY RE NON-OPPOSITION TO DEFENDANT BONNIE MCKEE C/O MSI MANAGEMENT SERVICES, INC.'S MOTION FOR ORDER COMPELLING PLAINTIFF'S RESPONSE TO INTERROGATORIES

4/13/2021: Reply - REPLY RE NON-OPPOSITION TO DEFENDANT BONNIE MCKEE C/O MSI MANAGEMENT SERVICES, INC.'S MOTION FOR ORDER COMPELLING PLAINTIFF'S RESPONSE TO INTERROGATORIES

Reply - REPLY RE NON-OPPOSITION TO DEFENDANT BONNIE MCKEE C/O MSI MANAGEMENT SERVICES, INC.'S MOTION FOR ORDER COMPELLING PLAINTIFF'S RESPONSE TO DOCUMENT DEMANDS

4/13/2021: Reply - REPLY RE NON-OPPOSITION TO DEFENDANT BONNIE MCKEE C/O MSI MANAGEMENT SERVICES, INC.'S MOTION FOR ORDER COMPELLING PLAINTIFF'S RESPONSE TO DOCUMENT DEMANDS

Declaration - DECLARATION DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANTS MOTION TO COMPEL PLAINTIFF TO SERVE RESPONSES TO FORM INTERROGATORIES, SET ONE AND PRODUCTION OF DOCUMENTS, SE

4/15/2021: Declaration - DECLARATION DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANTS MOTION TO COMPEL PLAINTIFF TO SERVE RESPONSES TO FORM INTERROGATORIES, SET ONE AND PRODUCTION OF DOCUMENTS, SE

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

4/20/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

11/9/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

11/9/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Cross-Complaint

7/30/2020: Cross-Complaint

Summons - SUMMONS CROSS-COMPLAINT

7/30/2020: Summons - SUMMONS CROSS-COMPLAINT

Notice of Posting of Jury Fees

7/30/2020: Notice of Posting of Jury Fees

Proof of Service by Substituted Service

7/15/2020: Proof of Service by Substituted Service

Summons - SUMMONS ON COMPLAINT

6/26/2020: Summons - SUMMONS ON COMPLAINT

Notice of Case Assignment - Unlimited Civil Case

6/26/2020: Notice of Case Assignment - Unlimited Civil Case

Complaint

6/26/2020: Complaint

Civil Case Cover Sheet

6/26/2020: Civil Case Cover Sheet

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURE AND HEARING DATES

6/29/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [PI GENERAL ORDER], STANDING ORDER RE PI PROCEDURE AND HEARING DATES

PI General Order

6/29/2020: PI General Order

8 More Documents Available

 

Docket Entries

  • 06/23/2023
  • Hearing06/23/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 12/27/2021
  • Hearing12/27/2021 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/10/2021
  • Hearing12/10/2021 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/20/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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  • 04/20/2021
  • Docketat 08:30 AM in Department 32, Michael E. Whitaker, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Held - Motion Granted

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  • 04/20/2021
  • DocketMinute Order ( (Hearing on Motion to Compel Discovery (not "Further Discovery...)); Filed by Clerk

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  • 04/15/2021
  • DocketDeclaration (DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT?S MOTION TO COMPEL PLAINTIFF TO SERVE RESPONSES TO FORM INTERROGATORIES, SET ONE AND PRODUCTION OF DOCUMENT?S, SET ONE AND SPECIAL INTERROGATORIES, SET ONE.); Filed by Melody Obedian (Plaintiff)

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  • 04/13/2021
  • DocketReply (re Non-Opposition to Defendant Bonnie McKee c/o MSI Management Services, Inc.'s Motion for Order Compelling Plaintiff's Response to Interrogatories); Filed by Bonnie McKee c/o MSi Management Services, Inc. (Defendant)

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  • 04/13/2021
  • DocketReply (re Non-Opposition to Defendant Bonnie McKee c/o MSI Management Services, Inc.'s Motion for Order Compelling Plaintiff's Response to Document Demands); Filed by Bonnie McKee c/o MSi Management Services, Inc. (Defendant)

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  • 01/04/2021
  • DocketAnswer; Filed by Mario Saravia Cisneros (Cross-Defendant)

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5 More Docket Entries
  • 07/30/2020
  • DocketCross-Complaint; Filed by Bonnie McKee c/o MSi Management Services, Inc. (Defendant)

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  • 07/30/2020
  • DocketAnswer; Filed by Bonnie McKee c/o MSi Management Services, Inc. (Defendant)

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  • 07/30/2020
  • DocketNotice of Posting of Jury Fees; Filed by Bonnie McKee c/o MSi Management Services, Inc. (Defendant)

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  • 07/15/2020
  • DocketProof of Service by Substituted Service; Filed by Melody Obedian (Plaintiff)

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  • 06/29/2020
  • DocketCertificate of Mailing for ([PI General Order], Standing Order re PI Procedure and Hearing Dates); Filed by Clerk

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  • 06/29/2020
  • DocketPI General Order; Filed by Clerk

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  • 06/26/2020
  • DocketComplaint; Filed by Melody Obedian (Plaintiff)

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  • 06/26/2020
  • DocketCivil Case Cover Sheet; Filed by Melody Obedian (Plaintiff)

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  • 06/26/2020
  • DocketSummons (on Complaint); Filed by Melody Obedian (Plaintiff)

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  • 06/26/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20STCV24139    Hearing Date: April 20, 2021    Dept: 32

PLEASE NOTE: Parties who intend to submit on this tentative must send an email to the court at sscdept32@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. If the parties do not submit on the tentative, they should arrange to appear in-person or remotely.

TENTATIVE RULING

DEPARTMENT

32

HEARING DATE

April 20, 2021

CASE NUMBER

20STCV24139

MOTIONS

Motions to Compel Responses to Form Interrogatories; Special Interrogatories; Demand for Production of Documents, Sets 1; Request for Monetary Sanctions

MOVING PARTIES:

Defendant Bonnie McKee

OPPOSING PARTY:

None

MOTIONS

Defendant Bonnie McKee (“Defendant”) moves to compel responses from Plaintiff Melody Obedian (“Plaintiff”) to: (1) Demand for Production of Documents, set one (“RPD”); (2) Form Interrogatories, set one (“FROG”); and (3) Special Interrogatories, set one (“SROG”). Plaintiff has not filed oppositions to the motions.

ANALYSIS

Defendant served the written discovery requests on Plaintiff on July 30, 2020 by mail. Defendant granted Plaintiff an extension of time to respond to October 6, 2020. As of the filing date of these motions, Defendant has not received responses from Plaintiff. Accordingly, the motions to compel responses to the RPD, FROG, and SROG are granted per Code of Civil Procedure sections 2030.290 and 2031.300. Plaintiff is ordered to serve responses to Defendant’s RPD, FROG, and SROG, without objections, within 30 days of notice of this order.

Defendant requests monetary sanctions in connections with the motions. The Court concludes that Plaintiff’s failure to respond to the discovery requests is an abuse of the discovery process. (Code Civ. Proc., §§ 2023.010, subd. (d); 2030.290, subd. (c); 2031.300, subd. (c).)

Defendant has not, however, advanced sufficient evidence to show that the amount Defendant seeks in monetary sanctions represents the reasonable expenses Defendant incurred in connection with these motions. (See Ghanooni v. Super Shuttle (1993) 20 Cal.App.4th 256.) In Ghanonni v. Super Shuttle, the Court of Appeal approved of the specificity in the moving party’s declaration in support of the monetary sanctions award: “In support of the request for sanctions, defendants' counsel submitted a declaration stating his office had expended 11 hours of attorney time in research and preparation of the motion to compel, at a billing rate of $150 per hour, and would spend at least 3 additional hours in travel and court time in connection with the motion. This results in total attorney fees and costs of $2,100.” (Id. at p. 262; see also Parker v. Wolters Kluwer United States, Inc. (2007) 149 Cal.App.4th 285, 294.)

Here, Defendant submitted the Declarations of Christina P. Michael, in which Counsel states “Our office is requesting a total of $500.00 for the preparation of and attending the hearing on the motion. In addition, the cost of filing this motion is $60.00.” (Declarations of Christina P. Michael , ¶¶ 7-8.) The Declarations lack the specificity required for this Court to determine that the amount sought in monetary sanctions is reasonable. In particular, Counsel fails to state the number of hours that were expended to prepare the motions and the hourly fee that is charged for to prepare the motions. Therefore, the Court will deny the requests for monetary sanctions.

CONCLUSION AND ORDER

Therefore, the Court will grant, in part. Defendant’s motions to compel responses to the RPD, FROG, and SROG per Code of Civil Procedure sections 2030.290 and 2031.300, and order Plaintiff to serve verified responses, without objections, within 30 days of notice of this order. The Court denies Defendant’s requests for monetary sanctions for the reasons stated above.

In addition, the Court notes that Defendant filed one motion to compel responses to both the FROG and SROG.  Defendant should have filed two separate motions. The Court therefore orders Defendant to pay an additional $60 in filing fees within 10 days of the hearing on the motions to the Clerk of the Court.  (Gov. Code, § 70617, subd. (a).) 

Defendant is ordered to provide notice of this order and file a proof of service of such.