This case was last updated from Los Angeles County Superior Courts on 12/05/2021 at 15:02:31 (UTC).

SIDNEY CRUZ, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM, ET AL. VS EFRAIN SANDOVAL, JR., ET AL.

Case Summary

On 01/14/2019 SIDNEY CRUZ, A MINOR BY AND THROUGH HER GUARDIAN AD LITEM filed a Personal Injury - Motor Vehicle lawsuit against EFRAIN SANDOVAL, JR . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are JON R. TAKASUGI, HOLLY E. KENDIG, THOMAS D. LONG and AUDRA MORI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0397

  • Filing Date:

    01/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JON R. TAKASUGI

HOLLY E. KENDIG

THOMAS D. LONG

AUDRA MORI

 

Party Details

Plaintiffs

SIDNEY CRUZ A MINOR BY AND THROUGH HER GUARDIAN AD LITEM

CULAJAY EVELYN

Cross Defendants, Cross Plaintiffs and Defendants

CULAJAY JANE

SANDOVAL JR. EFRAIN

GENERAL BINDING CORPORATION LSE

ACCO BRAND

Attorney/Law Firm Details

Plaintiff Attorneys

ARDALAN P. CHRISTOPHER

ARDALAN PEZHMAN CHRISTOPHER

Cross Defendant and Defendant Attorneys

CALVAGNA JOHN JOSEPH

DUFFY JOHN

WOODS CHRISTIAN LLOYD

Cross Defendant, Cross Plaintiff and Defendant Attorney

DUFFY JOHN

 

Court Documents

Answer

8/23/2021: Answer

Answer

7/26/2021: Answer

Demand for Jury Trial

7/26/2021: Demand for Jury Trial

Summons - SUMMONS CROSS-COMPLAINT

7/30/2021: Summons - SUMMONS CROSS-COMPLAINT

Cross-Complaint

7/30/2021: Cross-Complaint

Notice of Posting of Jury Fees

2/25/2021: Notice of Posting of Jury Fees

Opposition - OPPOSITION DEFENDANT SANDOVAL'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE

1/27/2021: Opposition - OPPOSITION DEFENDANT SANDOVAL'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE

Opposition - OPPOSITION DEFENDANT SANDOVALS OPPOSITION TO REQUEST FOR ADMISSIONS

1/28/2021: Opposition - OPPOSITION DEFENDANT SANDOVALS OPPOSITION TO REQUEST FOR ADMISSIONS

Opposition - OPPOSITION DEFENDANT SANDOVAL'S OPPOSITION TO REQUEST FOR PRODUCTION OF DOCUMENTS

1/28/2021: Opposition - OPPOSITION DEFENDANT SANDOVAL'S OPPOSITION TO REQUEST FOR PRODUCTION OF DOCUMENTS

Opposition - OPPOSITION DEFENDANT SANDOVAL'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

1/28/2021: Opposition - OPPOSITION DEFENDANT SANDOVAL'S OPPOSITION TO MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONE

Opposition - OPPOSITION DEFENDANT ACCO BRAND OPPOSITION TO MOTION TO COMPEL FORM INTERROGATORIES

2/3/2021: Opposition - OPPOSITION DEFENDANT ACCO BRAND OPPOSITION TO MOTION TO COMPEL FORM INTERROGATORIES

Opposition - OPPOSITION ACCOS OPPOSITION TO MOTION TO COMPEL REQUEST FOR ADMISSIONS

2/4/2021: Opposition - OPPOSITION ACCOS OPPOSITION TO MOTION TO COMPEL REQUEST FOR ADMISSIONS

Opposition - OPPOSITION ACCOS OPPOSITION TO MOTION TO COMPEL SPECIAL INTERROGATORIES

2/4/2021: Opposition - OPPOSITION ACCOS OPPOSITION TO MOTION TO COMPEL SPECIAL INTERROGATORIES

Opposition - OPPOSITION ACCOS OPPOSITION TO MOTION TO COMPEL REQUEST FOR PRODUCTION OF DOCUMENTS

2/4/2021: Opposition - OPPOSITION ACCOS OPPOSITION TO MOTION TO COMPEL REQUEST FOR PRODUCTION OF DOCUMENTS

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...)

2/16/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...) OF 02/16/2021

2/16/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...) OF 02/16/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...)

2/17/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...) OF 02/17/2021

2/17/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO COMPEL PLAINTIFF'S MOTION TO COMPEL DEFE...) OF 02/17/2021

36 More Documents Available

 

Docket Entries

  • 07/25/2022
  • Hearing07/25/2022 at 08:30 AM in Department 30 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 07/11/2022
  • Hearing07/11/2022 at 10:00 AM in Department 30 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/10/2022
  • Hearing01/10/2022 at 08:30 AM in Department 30 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 08/23/2021
  • DocketAnswer; Filed by JANE CULAJAY (Cross-Defendant)

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  • 07/30/2021
  • DocketSummons (Cross-Complaint); Filed by EFRAIN SANDOVAL, JR. (Defendant); ACCO BRAND (Defendant)

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  • 07/30/2021
  • DocketCross-Complaint; Filed by EFRAIN SANDOVAL, JR. (Defendant); ACCO BRAND (Defendant)

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  • 07/26/2021
  • DocketAnswer; Filed by EFRAIN SANDOVAL, JR. (Cross-Defendant); ACCO BRAND (Cross-Defendant)

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  • 07/26/2021
  • DocketDemand for Jury Trial; Filed by EFRAIN SANDOVAL, JR. (Cross-Defendant); ACCO BRAND (Cross-Defendant)

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  • 02/25/2021
  • DocketNotice of Posting of Jury Fees; Filed by SIDNEY CRUZ, a minor by and through her Guardian Ad Litem (Plaintiff); EVELYN CULAJAY (Plaintiff)

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  • 02/17/2021
  • Docketat 1:30 PM in Department 31, Audra Mori, Presiding; Hearing on Motion to Compel (Plaintiff's Motion to Compel Defendant ACCO Brand's Responses to Request for Admissions, Set One) - Held

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45 More Docket Entries
  • 08/09/2019
  • Docketat 1:30 PM in Department 3, Holly E. Kendig, Presiding; Hearing on Motion to Consolidate - Not Held - Taken Off Calendar by Party

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  • 08/05/2019
  • DocketProof of Personal Service; Filed by SIDNEY CRUZ, a minor by and through her Guardian Ad Litem (Plaintiff); EVELYN CULAJAY (Plaintiff)

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  • 08/02/2019
  • DocketProof of Personal Service; Filed by SIDNEY CRUZ, a minor by and through her Guardian Ad Litem (Plaintiff)

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  • 05/09/2019
  • DocketNotice of Change of Address or Other Contact Information; Filed by Pezhman Christopher Ardalan (Attorney)

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  • 01/25/2019
  • DocketCertificate of Mailing for ([Standing Order re PI Procedures and Hearing Dates] and Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 01/25/2019
  • DocketStanding Order re PI Procedures and Hearing Dates; Filed by Clerk

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  • 01/14/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/14/2019
  • DocketCivil Case Cover Sheet; Filed by SIDNEY CRUZ, a minor by and through her Guardian Ad Litem (Plaintiff); EVELYN CULAJAY (Plaintiff)

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  • 01/14/2019
  • DocketComplaint; Filed by SIDNEY CRUZ, a minor by and through her Guardian Ad Litem (Plaintiff); EVELYN CULAJAY (Plaintiff)

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  • 01/14/2019
  • DocketNotice (of Related Cases); Filed by SIDNEY CRUZ, a minor by and through her Guardian Ad Litem (Plaintiff); EVELYN CULAJAY (Plaintiff)

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Tentative Rulings

Case Number: 19STCV00397    Hearing Date: February 17, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SIDNEY CRUZ,

Plaintiff(s),

vs.

EFRAIN SANDOVAL, JR., ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: 19STCV00397

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL AND MOTION TO DEEM ADMISSIONS ADMITTED

Dept. 31

8:30 a.m.

February 17, 2021

Plaintiff, Sydney Cruz (“Plaintiff”), a minor by and through her guardian ad litem, Evelyn Culajay, propounded special interrogatories, request for admissions (“RFAs”), and request for production of documents (“RPDs”), set one, Defendant, Acco Brand (“Defendant”) on 6/22/20. To date, despite an extension of time to respond and attempts to meet and confer, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery, deeming the RFAs admitted and to pay sanctions.

On 2/4/21, Defendant filed identical oppositions providing Defendant has met and conferred with Plaintiff concerning the subject discovery and Defendant will provide responses.

However, because there is no evidence that Defendant has served the subject responses on Plaintiff, Plaintiff’s motion to compel responses to special interrogatories and RPDs are granted. Defendant is ordered to serve verified responses to form interrogatories, set one, without objections, within ten days. (CCP §§ 2030.290(a),(b), 2031.300(a),(b).)

Defendant’s motion to deem RFAs admitted is also granted. (CCP §2033.280(b).)

If Defendant can establish it served verified responses on Plaintiff prior to the hearing on this matter, the court will be inclined to find the motions moot as to compelling the responses and deeming the RFAs admitted.

Sanctions are mandatory. (CCP §§ 2030.290(c), 2031.300(c), 2033.280(c).) Plaintiff seeks sanctions in the amount of $6,492.20 for each motion. The request is unreasonable. The court awards Plaintiff one hour for preparing each form motion to compel [3 hours total] and one hour to appear at the hearing- but awards this time only once- all at the reasonable rate of $150 per hour, for a total of $600 in attorney’s fees. Further, the court awards Plaintiff three $61.65 motion filing fee, or $184.95, in costs.

Plaintiff seeks sanctions against Defendant and Defendant’s attorney of record. Plaintiff does not describe any conduct warranting sanctions against Defendant personally. Sanctions are imposed against Defendant’s attorney of record only. Defendant’s counsel is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $784.95, within twenty days.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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 remotely.

 

Dated this 17th day of February, 2021

Hon. Thomas D. Long

Judge of the Superior Court

Case Number: 19STCV00397    Hearing Date: February 16, 2021    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

SIDNEY CRUZ,

Plaintiff(s),

vs.

EFRAIN SANDOVAL, JR., ET AL.,

Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

CASE NO: 19STCV00397

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTIONS TO COMPEL

Dept. 31

8:30 a.m.

February 16, 2021

Plaintiff, Sydney Cruz (“Plaintiff”), a minor by and through her guardian ad litem, Evelyn Culajay, propounded form interrogatories, set one, Defendant, Acco Brand (“Defendant”) on 6/22/20. To date, despite an extension of time to respond and attempts to meet and confer, Defendant has not served responses. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery and to pay sanctions.

On 2/3/21, Defendant filed an opposition providing Defendant has met and conferred with Plaintiff concerning the subject discovery and Defendant will provide responses.

However, because there is no evidence that Defendant has served the subject responses on Plaintiff, Plaintiff’s motion is granted. Defendant is ordered to serve verified responses to form interrogatories, set one, without objections, within ten days. (CCP § 2030.290(a),(b).) If Defendant can establish it verified served responses on Plaintiff prior to the hearing on this matter, the court will be inclined to find the motion moot as to compelling the responses.

Sanctions are mandatory. (CCP § 2030.290(c).) Plaintiff seeks sanctions in the amount of $6,492.20 for the motion. The request is unreasonable. The court awards Plaintiff one hour for preparing the form motion to compel and one hour to appear at the hearing all at the reasonable rate of $150 per hour, for a total of $300 in attorney’s fees. Further, the court awards Plaintiff $61.65 as a motion filing fee.

Plaintiff seeks sanctions against Defendant and Defendant’s attorney of record. Plaintiff does not describe any conduct warranting sanctions against Defendant personally. Sanctions are imposed against Defendant’s attorney of record only. Defendant’s counsel is ordered to pay sanctions to Plaintiff, by and through counsel of record, in the total amount of $361.65, within twenty days.

Plaintiff is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the court at sscdept31@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 remotely.

 

Dated this 16th day of February, 2021

Hon. Thomas D. Long

Judge of the Superior Court

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