This case was last updated from Los Angeles County Superior Courts on 11/09/2020 at 07:31:16 (UTC).

MICHAEL JAMES BOGHDAN ET AL VS JACQUELINE PACE ET AL

Case Summary

On 12/08/2017 MICHAEL JAMES BOGHDAN filed a Personal Injury - Other Personal Injury lawsuit against JACQUELINE PACE. This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL P. VICENCIA, MARK C. KIM and ELAINE LU. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6150

  • Filing Date:

    12/08/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Governor George Deukmejian Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL P. VICENCIA

MARK C. KIM

ELAINE LU

 

Party Details

Plaintiffs and Minors

BOGDAN TATE

BOGDAN KRISTEN NOELLE AND INDIVIDUALLY

BOGHDAN MICHAEL JAMES AND INDIVIDUALLY

BOGDAN ANABELLE

KRISTEN NOELLE BOGDAN AN INDIVIDUAL

MICHAEL JAMES BOGDAN AN INDIVIDUAL

ANABELLE BOGDAN

TATE BOGDAN

MICHAEL JAMES BOGDAN AN

KRISTEN NOELLE BOGDAN AN

BOGDAN MICHAEL JAMES

BOGDAN KRISTEN NOELLE

KRISTEN BOGDAN

Plaintiff and Appellant

BOGDAN MICHAEL JAMES

Defendants and Respondents

CFJ EMPROVEMENT

DOES 1 TO 50

PACE JACQUELINE

DOES 1-50 INCLUSIVE

JACQUELINE PACE AN INDIVIDUAL

JACQUELINE PACE AN

EMPROVEMENT CFJ

Plaintiffs and Guardian Ad Litems

BOGDAN KRISTEN NOELLE AND INDIVIDUALLY

BOGHDAN MICHAEL JAMES AND INDIVIDUALLY

Attorney/Law Firm Details

Plaintiff and Minor Attorneys

WINTERS JONATHAN D. ESQ.

LAW OFFICES OF JONATHAN D. WINTERS

WINTERS JONATHAN DANIEL ESQ.

WINTERS JONATHAN DANIEL

Defendant and Respondent Attorneys

FELDMAN MARC S. ESQ.

KOLETSKY MANCINI FELDMAN & MORROW

FELDMAN MARC STEPHAN

 

Court Documents

Motion for Attorney Fees

8/18/2020: Motion for Attorney Fees

Motion for Order - MOTION FOR ORDER MOTION FOR RELIEF PURSUANT TO CAL. CIV. PRO. CODE SECTION 473(B)

8/18/2020: Motion for Order - MOTION FOR ORDER MOTION FOR RELIEF PURSUANT TO CAL. CIV. PRO. CODE SECTION 473(B)

Opposition - OPPOSITION DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR ORDER REQUIRING DEFENDANT TO PAY COST OF PROOF SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ROBERT S. KAHN

8/18/2020: Opposition - OPPOSITION DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTION FOR ORDER REQUIRING DEFENDANT TO PAY COST OF PROOF SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ROBERT S. KAHN

Proof of Service (not Summons and Complaint)

8/18/2020: Proof of Service (not Summons and Complaint)

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (JEANETTE BAKER, CSR: 6576)

9/2/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (JEANETTE BAKER, CSR: 6576)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO TAX COSTS; HEARING ON MOTION FOR SANCTIONS)

9/2/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO TAX COSTS; HEARING ON MOTION FOR SANCTIONS)

Motion re: - MOTION RE: DEFENDANT JAQUELINE PACE'S NOTICE AND MOTION FOR RELIEF PURSUANT TO CAL. CIV. PRO. CODE 473(B)

9/14/2020: Motion re: - MOTION RE: DEFENDANT JAQUELINE PACE'S NOTICE AND MOTION FOR RELIEF PURSUANT TO CAL. CIV. PRO. CODE 473(B)

Motion for Judgment Notwithstanding the Verdict

3/6/2020: Motion for Judgment Notwithstanding the Verdict

Request for Judicial Notice

1/21/2020: Request for Judicial Notice

Request for Judicial Notice

1/21/2020: Request for Judicial Notice

Minute Order - MINUTE ORDER (JURY TRIAL)

1/24/2020: Minute Order - MINUTE ORDER (JURY TRIAL)

Brief - BRIEF RE MEDICAL RECORDS

1/31/2020: Brief - BRIEF RE MEDICAL RECORDS

Stipulation and Order - STIPULATION AND ORDER STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE

6/24/2019: Stipulation and Order - STIPULATION AND ORDER STIPULATION AND PROPOSED ORDER CONTINUING TRIAL DATE

Brief - BRIEF PLAINTIFF MSC BRIEF

4/3/2019: Brief - BRIEF PLAINTIFF MSC BRIEF

Objection - OBJECTION PLAINTIFF OBJECTION TO DEFENDANT MIL#4

4/4/2019: Objection - OBJECTION PLAINTIFF OBJECTION TO DEFENDANT MIL#4

Case Management Statement

6/20/2018: Case Management Statement

Memorandum of Points & Authorities

2/27/2019: Memorandum of Points & Authorities

154 More Documents Available

 

Docket Entries

  • 12/01/2020
  • Hearing12/01/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Hearing on Motion for Attorney Fees

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  • 12/01/2020
  • Hearing12/01/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Hearing on Motion for Sanctions

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  • 12/01/2020
  • Hearing12/01/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Hearing on Motion to Tax Costs

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  • 12/01/2020
  • Hearing12/01/2020 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Hearing on Motion - Other Motion for Relief Pursuant to CCP 473

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  • 11/03/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion to Tax Costs - Held - Continued

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  • 11/03/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion for Sanctions - Held - Continued

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  • 11/03/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion - Other (Motion for Relief Pursuant to CCP 473) - Held - Continued

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  • 11/03/2020
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Hearing on Motion for Attorney Fees - Held - Continued

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  • 11/02/2020
  • DocketOpposition (to MOTION FOR RELIEF); Filed by BOGHDAN, MICHAEL JAMES, AND INDIVIDUALLY (Plaintiff)

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  • 10/19/2020
  • DocketMotion re: (DEFENDANT JACQUELINE PACE'S NOTICE AND MOTION FOR RELIEF PURSUANT TO CAL. CIV. PRO. CODE 473(b); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF ROBERTS. KAHN; [PROPOSED] ORDER); Filed by Jacqueline Pace (Defendant)

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234 More Docket Entries
  • 01/24/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/24/2018
  • DocketRtn of Service of Summons & Compl; Filed by Michael James Bogdan (Plaintiff); Kristen Noelle Bogdan (Plaintiff); ANABELLE BOGDAN (Plaintiff) et al.

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  • 01/24/2018
  • DocketProof-Service/Summons; Filed by BOGHDAN, MICHAEL JAMES, AND INDIVIDUALLY (Plaintiff)

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  • 01/24/2018
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff/Petitioner

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  • 12/08/2017
  • DocketComplaint

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  • 12/08/2017
  • DocketComplaint; Filed by Michael James Bogdan (Plaintiff); Kristen Noelle Bogdan (Plaintiff); ANABELLE BOGDAN (Plaintiff) et al.

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  • 12/08/2017
  • DocketSUMMONS

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  • 12/08/2017
  • DocketSummons; Filed by Michael James Bogdan (Plaintiff); Kristen Noelle Bogdan (Plaintiff); ANABELLE BOGDAN (Plaintiff) et al.

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  • 12/08/2017
  • DocketCOMPLAINT FOR DAMAGES: 1) BREACH OF IMPLIED WARRANTY OF HABITABILITY 2) RETALIATORY EVICTION; ETC

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  • 12/08/2017
  • DocketComplaint; Filed by Michael James Bogdan (Plaintiff); Kristen Noelle Bogdan (Plaintiff); ANABELLE BOGDAN (Plaintiff) et al.

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Tentative Rulings

Case Number: BC686150    Hearing Date: September 02, 2020    Dept: S27

  1. Background Facts

Plaintiffs, Michael James Bogdan, Kristin Noelle Bogdan, Anabelle Bogdan, and Michael Tate Bogdan (“Plaintiffs”), filed their action against Defendant Jacqueline Pace (“Defendant”) on December 8, 2017. Plaintiffs alleged breach of the implied warranty of habitability, breach of the implied covenant of quiet enjoyment, private nuisance, premises liability, and negligence, among other causes of action.

On January 23, 2020, a trial was held on the five causes of action detailed above. On February 26, 2020, the jury returned a verdict in favor of Defendant on all causes of action. On March 6, 2020, the court disposed of the action due to the jury verdict.

On March 13, 2020, Plaintiffs filed a motion for cost of proof sanctions against Defendant for her alleged failure to admit facts in her responses to Plaintiffs’ requests for admissions.

  1. Cost of Proof Sanctions
  1. Legal Standard

    “If a party fails to admit the genuineness of any document or the truth of any matter when requested to do so under this chapter, and if the party requesting that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney’s fees.” (Code Civ. Proc. § 2033.420(a).) The court must award reasonable expenses unless: “(1) An objection to the request was sustained or a response to it was waived under Section 2033.290. (2) The admission sought was of no substantial importance. (3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter. (4) There was other good reason for the failure to admit.” (Id. § 2033.420(b).)

  2. Analysis

    On April 2, 2018, Plaintiffs served Defendant with a First Set of Requests for Admission. (Winters Decl., ¶ 2, Exh. A.) On May 7, 2018, Defendant served her Response to the First Set of Requests for Admission. (Winters Decl., ¶ 3, Exh. B.)

    In their motion, Plaintiffs bring the court’s attention to Requests for Admission Nos. 5, 7, 8, 9, 10, 15, 16, 20, 22, 23, 27, 29, and 30. (Mot., pp. 5-6.) Plaintiffs assert that Defendant improperly denied Plaintiffs’ requests. At trial, Plaintiffs proved that Defendant wrongfully denied them. Thus, Plaintiffs request that the court award Plaintiffs with reasonable expenses in the amount of $23,625.

    In opposition, Defendant argues that Plaintiffs have waived their right to seek reasonable expenses. The court agrees.

    The court must award reasonable expenses unless “[a]n objection to the request was sustained or a response to it was waived under Section 2033.290.” (Code Civ. Proc. § 2033.420(b)(1).) Section 2033.290 permits a propounding party to file a motion to compel further responses where the responding party’s responses are evasive or incomplete, or where the responding party’s objections are without merit or too general. (Id. § 2033.290(a).) The propounding party must file the motion to compel within 45 days of the service of the verified responses or pursuant to a date stipulated to by the parties. If the motion is not timely filed, the propounding party waives any right to compel further responses to the requests for admission. (Id. § 2033.290(b).)

    Here, Plaintiffs waived their right to compel further responses. The parties did not stipulate to a date by which Plaintiffs had to file their motion to compel, meaning that Plaintiffs had 45 days from when Defendant served them with her responses to file their motion. Plaintiffs were served with Defendants’ responses on May 7, 2018, so Plaintiffs had until June 21, 2018 to file their motion. Plaintiffs never filed a motion to compel further answers, thereby waiving Defendant’s responses under section 2033.290.

    Based on the foregoing, the court denies Plaintiffs’ request for reasonable expenses under Code of Civil Procedure section 2033.420.

    Defendant is ordered to give notice.

    Parties who intend to submit on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.orgIf 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.