This case was last updated from Los Angeles County Superior Courts on 10/13/2020 at 05:04:23 (UTC).

SADDLETREE RANCH HOMEOWNERS ASSN VS FRANCISCO DORADO ET AL

Case Summary

On 03/06/2018 SADDLETREE RANCH HOMEOWNERS ASSN filed a Contract - Other Contract lawsuit against FRANCISCO DORADO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DAVID SOTELO and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6367

  • Filing Date:

    03/06/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DAVID SOTELO

EDWARD B. MORETON

 

Party Details

Plaintiff, Petitioner and Cross Defendant

SADDLETREE RANCH HOMEOWNERS ASSOCIATION

Defendants, Respondents and Cross Plaintiffs

DEL VILLAR MANUEL

DOES 1 TO 10

DORADO FRANCISCO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ROSENBAUM MARK J. ESQ.

MEDIONI DANIEL M

Defendant and Cross Plaintiff Attorneys

FLORES LAW APLC

FLORES ALDO ARTURO

FLORES ALDO A.

Cross Defendant Attorney

DEAM AYA J.

 

Court Documents

Reply - REPLY TO NON-OPPOSITION TO MOTIONS TO COMPEL

9/16/2020: Reply - REPLY TO NON-OPPOSITION TO MOTIONS TO COMPEL

Minute Order - MINUTE ORDER (COURT ORDER RE CLOSURE OF DEPARTMENT 44)

6/11/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CLOSURE OF DEPARTMENT 44)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 05/15/2020

5/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 05/15/2020

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

4/15/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

4/1/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: CONTINUATION OF THE FSC DATE;)

4/3/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: CONTINUATION OF THE FSC DATE;)

Notice Re: Continuance of Hearing and Order

3/18/2020: Notice Re: Continuance of Hearing and Order

Notice - NOTICE OF TAKING OFF CALENDAR

11/8/2019: Notice - NOTICE OF TAKING OFF CALENDAR

Notice - NOTICE OF WITHDRAWAL OF MOTIONS TO COMPEL SET FOR OCTOBER 23, 2019

10/22/2019: Notice - NOTICE OF WITHDRAWAL OF MOTIONS TO COMPEL SET FOR OCTOBER 23, 2019

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DORADO'S RESPONSE TO REQUEST FOR ...)

10/23/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DORADO'S RESPONSE TO REQUEST FOR ...)

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

10/24/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DORADO'S RESPONSE TO SPECIAL INTE...)

10/16/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DORADO'S RESPONSE TO SPECIAL INTE...)

Motion to Deem RFA's Admitted

8/13/2019: Motion to Deem RFA's Admitted

Declaration - DECLARATION OF AJD

8/19/2019: Declaration - DECLARATION OF AJD

Declaration - DECLARATION OF DM

8/19/2019: Declaration - DECLARATION OF DM

Motion to Compel - MOTION TO COMPEL CROSS-COMPLAINANT MANUEL DEL VILLAR TO PROVIDE RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

8/20/2019: Motion to Compel - MOTION TO COMPEL CROSS-COMPLAINANT MANUEL DEL VILLAR TO PROVIDE RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

Case Management Statement -

10/9/2018: Case Management Statement -

Answer

10/31/2018: Answer

73 More Documents Available

 

Docket Entries

  • 06/29/2021
  • Hearing06/29/2021 at 09:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 06/10/2021
  • Hearing06/10/2021 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/05/2021
  • Hearing04/05/2021 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 01/11/2021
  • Hearing01/11/2021 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination

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  • 11/10/2020
  • Hearing11/10/2020 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: status of the cross-complaint

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  • 11/10/2020
  • Hearing11/10/2020 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: entry of default judgment

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  • 09/24/2020
  • DocketRequest for Entry of Default / Judgment; Filed by Saddletree Ranch Homeowners Association (Plaintiff)

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  • 09/22/2020
  • Docketat 08:30 AM in Department 40; Hearing on Motion to Compel Production ((Francisco Dorado)) - Held - Motion Granted

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  • 09/22/2020
  • Docketat 08:30 AM in Department 40; Hearing on Motion to Compel Production ((Manuel Del Villar)) - Held - Motion Granted

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  • 09/22/2020
  • Docketat 08:30 AM in Department 40; Hearing on Motion to Compel Interrogatories ((Francisco Dorado)) - Held - Motion Granted

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134 More Docket Entries
  • 03/21/2018
  • DocketFIRST AMENDED COMPLAINT FOR: 1. BREACH OF WRITTEN LEASE; ETC

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  • 03/21/2018
  • DocketFirst Amended Complaint for: 1. Breach of Written Lease; 2. Account Stated; and 3. Money Had and Received; Filed by Saddletree Ranch Homeowners Association (Plaintiff)

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  • 03/21/2018
  • DocketFirst Amended Complaint; Filed by Saddletree Ranch Homeowners Association (Plaintiff)

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  • 03/15/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 03/15/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/15/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/15/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 03/06/2018
  • DocketCOMPLAINT FOR: 1. BREACH OF WRITTEN LEASE; ETC

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  • 03/06/2018
  • DocketSUMMONS

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  • 03/06/2018
  • DocketComplaint; Filed by Saddletree Ranch Homeowners Association (Plaintiff)

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Tentative Rulings

Case Number: BC696367    Hearing Date: March 11, 2020    Dept: 40

MOVING PARTY: Saddletree Ranch Homeowners Association

OPPOSITION: None

Defendants/Cross-Complainants Francisco Dorado (“Dorado”) and Manuel del Villar (“Villar”) (collectively “Defendants”), leased a property in Sylmar, California, which was owned and managed by Plaintiff/Cross-Complainants Saddletree Ranch Homeowners Association (“Saddletree”), out of where they owned and managed a business renting horse stables and hosting equestrian shows.

Saddletree alleges that Defendants stopped paying their monthly rent in April 2016.

On November 7, 2018, Saddletree served a Demand for Production of Documents, Set No. 1, on Dorado and Villar. Saddletree has not received a response from either Dorado or Villar. No opposition has been filed. Saddletree requests that Dorado and Villar be ordered to respond to Saddletree’s Demand for Production, Set No. 1, without objections, within 15 days.

On November 7, 2018, Saddletree served Form Interrogatories, Set No. 1, on Dorado and Villar. Saddletree has not received a response from either Dorado or Villar. No opposition has been filed. Saddletree requests that Dorado and Villar be ordered to respond to Form Interrogatories, Set No. 1, without objections, within 15 days.

Saddletree also requests monetary sanctions in aggregate of $3,097.50 against Dorado and Villar and their counsel, Aldo Flores (“Flores”).

Standard: Where there has been no timely response to a demand for the production of documents, the demanding party may seek an order compelling a response. (Code Civ. Proc. § 2031.300, subd. (b).) Failure to timely respond waives all objections, including privilege and work product. (Code Civ. Proc. § 2031.300, subd. (a).) Thus, unless the party to whom the demand was directed obtains relief from waiver, he or she cannot raise objections to the documents demanded. There is no deadline for a motion to compel responses. Likewise, for failure to respond, the moving party need not attempt to resolve the matter outside court before filing the motion.

If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. §§ 2030.290, subd. (b), 2031. 300, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court (1980) 111 Cal.App.3d 902, 905-906.)

Under California Code of Civil Procedure section 2023.030, subd. (a), “[t]he court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. . . . If a monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Failing to respond or to submit to an authorized method of discovery is a misuse of the discovery process. (Code of Civ. Proc. § 2023.010.)

On November 7, 2018, Saddletree served a Demand for Production of Documents, Set No. 1, on Dorado and Villar.

On November 7, 2018, Saddletree served Form Interrogatories, Set No. 1, on Dorado and Villar. Saddletree has not received a response from either Dorado or Villar.

The statutory deadlines for Dorado and Villar to respond have long since passed.

Accordingly, Saddletree’s motions are each GRANTED.

Sanctions: Saddletree requests $3,097.50 in sanctions from Dorado for both motions to compel production and response to the interrogatories. Counsel’s hourly rate is $395. Saddletree incurred a $60 filing fee for each motion. Counsel states that they spent 4 hours drafting the motions and that they will require 3 hours to attend the hearing. Saddletree also had another attorney review the motions for 0.5 hours at an hourly rate of $425.

Saddletree requests $3,097.50 in sanctions from Villar for both motions to compel production and response to the interrogatories. Counsel’s hourly rate is $395. Saddletree incurred a $60 filing fee for each motion. Saddletree states that they spent 4 hours drafting the motions and that they will require 3 hours to attend the hearing. Saddletree also had another attorney review the motions for 0.5 hours at an hourly rate of $425.

The Court will award Saddletree $3,097.50 in sanctions against Villar and his counsel and

$3,097.50 in sanctions against Dorado and his counsel.

Conclusion: The Court orders Dorado and Villar to respond, without objections, to Saddletree’s Demand for Production of Documents (Sets No. 1) within 15 days of this order.

The Court orders Dorado and Villar to respond, without objections, to Saddletree’s Form Interrogatories (Sets No. 1) within 15 days of this order

The Court also orders Dorado and Flores, jointly and severally, to pay Saddletree $3,097.50, within 30 days of this order.

The Court also orders Villar and Flores, jointly and severally, to pay Saddletree $3,097.50, within 30 days of this order.

Moving Party to provide notice.