This case was last updated from Los Angeles County Superior Courts on 06/21/2020 at 19:56:01 (UTC).

XCEED FINANCIAL CREDIT UNION VS MARCO ANTONIO VILLATORO

Case Summary

On 05/04/2018 XCEED FINANCIAL CREDIT UNION filed a Contract - Other Contract lawsuit against MARCO ANTONIO VILLATORO. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is PETER A. HERNANDEZ. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0348

  • Filing Date:

    05/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

PETER A. HERNANDEZ

 

Party Details

Plaintiff

XCEED FINANCIAL CREDIT UNION

Defendants

VILLATORO MARCO ANTONIO

La Puente, CA 91746

VILLATORO DIANA

VILLATORO ANDREA

MALDONADO ERNESTO

Attorney/Law Firm Details

Plaintiff Attorneys

ANAYA ALANA B. LAW OFFICES OF

ANAYA ALANA BILLA

Defendant Attorney

IBISI ERIC O

 

Court Documents

Notice of Ruling

12/5/2019: Notice of Ruling

Notice of Ruling

9/26/2019: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER;) OF 07/29/2019, COURT'S MODIFIED TENTATIVE RULING

7/29/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER;) OF 07/29/2019, COURT'S MODIFIED TENTATIVE RULING

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

7/26/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL DISCOVERY (NOT "FURTHER DISCOVERY...)

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW FOR PAYMENT OF SANCTIONS;)

7/19/2019: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW FOR PAYMENT OF SANCTIONS;)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW FOR PAYMENT OF SANCTIONS;) OF 07/19/2019

7/19/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW FOR PAYMENT OF SANCTIONS;) OF 07/19/2019

Case Management Statement

3/18/2019: Case Management Statement

Summons - SUMMONS ON COMPLAINT (2ND)

6/4/2018: Summons - SUMMONS ON COMPLAINT (2ND)

Complaint

6/4/2018: Complaint

Request for Entry of Default / Judgment

2/19/2019: Request for Entry of Default / Judgment

Certificate of Mailing for - Certificate of Mailing for [Amended Complaint (1st)] and Clerk of Court Notice of Clerical Error and Correction

2/4/2019: Certificate of Mailing for - Certificate of Mailing for [Amended Complaint (1st)] and Clerk of Court Notice of Clerical Error and Correction

Proof of Personal Service

1/17/2019: Proof of Personal Service

Request for Entry of Default / Judgment

1/29/2019: Request for Entry of Default / Judgment

Notice of Case Reassignment and Order for Plaintiff to Give Notice -

10/2/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice -

Proof of Service by Mail

12/18/2018: Proof of Service by Mail

Case Management Statement

10/11/2018: Case Management Statement

Motion for Leave - Motion for Leave Motion and Motion for leave to file an Amended Complaint

10/26/2018: Motion for Leave - Motion for Leave Motion and Motion for leave to file an Amended Complaint

Order on Court Fee Waiver (Superior Court) -

7/11/2018: Order on Court Fee Waiver (Superior Court) -

49 More Documents Available

 

Docket Entries

  • 02/11/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: (Default Status for Marco Antonio) - Not Held - Vacated by Court

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  • 02/11/2020
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: (Default as to all Defendants) - Not Held - Vacated by Court

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  • 01/13/2020
  • DocketRequest for Dismissal; Filed by Xceed Financial Credit Union (Plaintiff)

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  • 12/11/2019
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: (Sanctions and/or Striking the Defendants Answers) - Held

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  • 12/11/2019
  • DocketMinute Order ( (Order to Show Cause Re: Sanctions and/or Striking the Defenda...)); Filed by Clerk

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  • 12/05/2019
  • DocketNotice of Ruling; Filed by Xceed Financial Credit Union (Plaintiff)

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  • 12/04/2019
  • Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion for Terminating Sanctions - Held - Motion Granted

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  • 12/04/2019
  • DocketMinute Order ( (Hearing on Motion for Terminating Sanctions)); Filed by Clerk

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  • 12/04/2019
  • DocketOrder (Court's Tentative Ruling); Filed by Clerk

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  • 10/07/2019
  • DocketMotion for Terminating Sanctions; Filed by Xceed Financial Credit Union (Plaintiff)

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78 More Docket Entries
  • 07/09/2018
  • DocketAnswer; Filed by Defendant

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  • 07/09/2018
  • DocketAnswer

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  • 07/09/2018
  • DocketAnswer to Complaint Filed; Filed by Defendant, & Defendant in Pro Per

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  • 06/07/2018
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 06/07/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/04/2018
  • DocketComplaint; Filed by Xceed Financial Credit Union (Plaintiff)

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  • 06/04/2018
  • DocketCivil Case Cover Sheet; Filed by Xceed Financial Credit Union (Plaintiff)

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  • 06/04/2018
  • DocketSummons (on Complaint (2nd))

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  • 06/04/2018
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 05/04/2018
  • DocketComplaint Filed

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Tentative Rulings

Case Number: KC070348    Hearing Date: December 04, 2019    Dept: O

Plaintiff XCeed Financial Credit Union’s motion for terminating sanctions against Defendant Marco Villatoro is GRANTED. Sanctions in the sum of $2,272.00 are imposed against Defendant, payable within 30 days.

Plaintiff XCeed Financial Credit Union (“Plaintiff”) moves for terminating sanctions pursuant to Code of Civil Procedure section 2023.030 against Defendant Marco Villatoro (“Defendant”).

If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the court may not impose sanctions which are designed not to accomplish the objects of discovery but to impose punishment. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487.) A prerequisite to the imposition of the dismissal sanction is that the party has willfully failed to comply with a court order. (Ibid.) Terminating sanctions should only be ordered when there has been previous noncompliance with a rule or order and it appears a less severe sanction would not be effective. (Link v. Cater (1998) 60 Cal.App.4th 1315, 1326.) A terminating sanction issued solely because of a failure to pay a monetary sanction is never justified. (Newland v. Sup.Ct. (1995) 40 Cal.App.4th 608, 615.)

On July 26, 2019, this Court ordered Defendant to respond to Plaintiffs’ discovery requests within 30 days. As of the date of the motion, Defendant has still failed to respond to discovery.

Terminating sanctions are warranted because less severe sanctions will not accomplish the objective of discovery, and Defendant appears to have abandoned the action.

Accordingly, the motion is GRANTED. Defendant’s January 24, 2019 answer will be stricken. Monetary sanctions are imposed against Defendant in the requested sum of $2,272.00, payable within 30 days.