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.
****6367
03/06/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DAVID SOTELO
EDWARD B. MORETON
SADDLETREE RANCH HOMEOWNERS ASSOCIATION
DEL VILLAR MANUEL
DOES 1 TO 10
DORADO FRANCISCO
ROSENBAUM MARK J. ESQ.
MEDIONI DANIEL M
FLORES LAW APLC
FLORES ALDO ARTURO
FLORES ALDO A.
DEAM AYA J.
9/16/2020: Reply - REPLY TO NON-OPPOSITION TO MOTIONS TO COMPEL
6/11/2020: Minute Order - MINUTE ORDER (COURT ORDER RE CLOSURE OF DEPARTMENT 44)
5/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 05/15/2020
4/15/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)
4/1/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
4/3/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: CONTINUATION OF THE FSC DATE;)
3/18/2020: Notice Re: Continuance of Hearing and Order
11/8/2019: Notice - NOTICE OF TAKING OFF CALENDAR
10/22/2019: Notice - NOTICE OF WITHDRAWAL OF MOTIONS TO COMPEL SET FOR OCTOBER 23, 2019
10/23/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DORADO'S RESPONSE TO REQUEST FOR ...)
10/24/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
10/16/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DORADO'S RESPONSE TO SPECIAL INTE...)
8/13/2019: Motion to Deem RFA's Admitted
8/19/2019: Declaration - DECLARATION OF AJD
8/19/2019: Declaration - DECLARATION OF DM
8/20/2019: Motion to Compel - MOTION TO COMPEL CROSS-COMPLAINANT MANUEL DEL VILLAR TO PROVIDE RESPONSES TO SPECIAL INTERROGATORIES, SET ONE
10/9/2018: Case Management Statement -
10/31/2018: Answer
Hearing06/29/2021 at 09:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial
Hearing06/10/2021 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference
Hearing04/05/2021 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference
Hearing03/22/2021 at 13:30 PM in Department STL-A at 312 North Spring Street, Los Angeles, CA 90012; MSC Timeslot
Hearing02/19/2021 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
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
Docketat 08:30 AM in Department 40; Order to Show Cause Re: (entry of default judgment) - Not Held - Continued - Court's Motion
Docketat 08:30 AM in Department 40; Order to Show Cause Re: (status of the cross-complaint) - Held
DocketMinute Order ( (Order to Show Cause Re: entry of default judgment; Order to S...)); Filed by Clerk
DocketRequest for Entry of Default / Judgment; Filed by Saddletree Ranch Homeowners Association (Plaintiff)
DocketFirst Amended Complaint; Filed by Saddletree Ranch Homeowners Association (Plaintiff)
DocketFIRST AMENDED COMPLAINT FOR: 1. BREACH OF WRITTEN LEASE; ETC
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)
DocketORDER TO SHOW CAUSE HEARING
DocketOSC-Failure to File Proof of Serv; Filed by Clerk
DocketNotice of Case Management Conference; Filed by Clerk
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketSUMMONS
DocketComplaint; Filed by Saddletree Ranch Homeowners Association (Plaintiff)
DocketCOMPLAINT FOR: 1. BREACH OF WRITTEN LEASE; ETC
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.