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Civil · Tentative Rulings

DEPARTMENT 77 LAW AND MOTION RULINGS

Case Number: 09K22549 Hearing Date: August 09, 2011 Dept: 77

STATE FARM MUTUAL AUTOMOBILE V. WINANS, STEVEN

P’s Motion to Vacate Court’s Dismissal of 11/9/2010 is GRANTED. CCP 473(B).

The dismissal is vacated.

The court sets an OSC re Entry of Default Judgment in Department 77 on 9/30/11 at 8:30 am.

P should proceed by the way of CCP 585(d) declaration through Legal Process.

P’s attorney is to pay $250 in monetary sanctions pursuant to CCP 473©(1)(A) to the court no later than 8/23/11.

Case Number: 10K17728 Hearing Date: August 09, 2011 Dept: 77

EQUABLE ASCENT FINANCIAL V. CHAVEZ, LYDIA

P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are CONDITIONALLY GRANTED. CCP 2030.290, 2031.300, 2033.280.

P filed three discovery motions, but paid only one filing fee.

P must pay an additional $80 in filing fees before the Motions will be heard.

D filed no opposition.

Once the filing fees are fully paid, the Motion should be granted.

D Lydia Chavez is ordered to respond without objection to P’s Special Interrogatories (Set One) and to P’s Demand for Production of Documents without objection within 20 days.

Requests for Admissions (Set One) Admissions 1-9 served on 3/3/11 are deemed admitted against D.

D is ordered to pay monetary sanctions of $350, plus filing fees within 20 days.

Case Number: 10K18785 Hearing Date: August 09, 2011 Dept: 77

EQUABLE ASCENT FINANCIAL V. DAVIS, BYRON

P’s Motions to Compel Responses to Special Interrogatories, Requests for Production of Documents and To Deem Requests for Admissions Admitted are DENIED. CCP 2024.020

The Motions are made beyond the date for completion of discovery, as the trial date is 8/16/11, 7 days after the Motion hearing date.

In addition, the court finds that plaintiff has paid only one $40 motion fee.

Yet P has filed 3 motions. P should have paid an additional $80 in motion fees.

No monetary sanctions are ordered.

P is to give notice.

Case Number: 10K19015 Hearing Date: August 09, 2011 Dept: 77

10k19015 8/9/11

EQUABLE ASCENT FINANCIAL V. BENJAMIN, FLOWER

P’s Motion to Compel Responses to Interrogatories, First Request for Production of Documents, and to Deem Requested Admissions Admitted is GRANTED.

D is to respond with verified responses without objections to the first set of special interrogatories and the first set of request for production no later than 8/23/11; responses are to be sent to plaintiff’s attorney’s law offices;

Also, the Requests for Admissions [set one] are deemed admitted

D is ordered to pay sanctions in the amount of $350.

P to give notice.

Case Number: 10K19290 Hearing Date: August 09, 2011 Dept: 77

Case Number: 10K19398-1 Hearing Date: August 09, 2011 Dept: 77

RUDDOCK, PHILLIP SPENCER V. GUZY, PAMELA RAE

D’s Motion to Dismiss is GRANTED. CCP 2023.030 (d) (3).

P failed to respond to D’s Interrogatories after they were served 1/21/11, and then again after the Court ordered D to provide responses on 6/9/11.

P has failed also to comply with the court’s 6/9/11 order to pay sanctions of $540 to D.

The complaint filed by plaintiff Phillip Spencer Ruddock, an individual and dba Phillip Spencer Design is dismissed pursuant to CCP 2023.030 (d) (3).

P is ordered to pay an additional $450 in sanctions within 20 days.

D to give notice.

Case Number: 10K19464 Hearing Date: August 09, 2011 Dept: 77

PORTFOLIO RECOVERY ASSOC. V. PETERSON, MICHAEL J.

P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are CONDITIONALLY GRANTED. CCP 2030.290, 2031.300, 2033.280.

P filed three discovery motions, but paid only one filing fee.

P must pay an additional $80 in filing fees before the Motions will be heard.

D filed no opposition.

Once the filing fees are fully paid, the Motion should be granted.

D Michael J. Peterson is ordered to respond without objection to P’s Special Interrogatories (Set One) and to P’s Demand for Production of Documents without objection within 20 days.

Requests for Admissions (Set One) Admissions 1-9 served on 1/27/11 are deemed admitted against D.

D is ordered to pay monetary sanctions of $350, plus filing fees within 20 days.

P is to give notice.

Case Number: 10K19497 Hearing Date: August 09, 2011 Dept: 77

SATO, SHARI V. FIRST TRANSIT COMPANY

D’s Motion to Continue the Trial Date is GRANTED.

Jury trial date of 11/2/11 is continued to Department 77 at 8:30 A.M. on 2/6/12; all trial related dates are also continued as if the new jury trial date is the original date set for trial.

Mediation completion date remains 10/13/11.

D to give notice

Case Number: 11K00932 Hearing Date: August 09, 2011 Dept: 77

ROBINSON, NAILA V. LOS ANGELES COUNTY MTA

D’s Motion to Compel Responses to Interrogatories is DENIED.

Defendant propounded the interrogatories on Nalia Robinson, not Nalia Robinson, a Minor by and through her Guardian Ad Litem Mikki Robinson.

D’s Motion to Compel Responses to Demand for Production of Documents is GRANTED.

Plaintiff Nalia Robinson by and through her Guardian Ad Litem Mikki Robinson is ordered to respond to Demand for Production of Documents (Set One) served on 3/25/11 within 20 days without objection and pay Defendants sanctions of $450.00

P to give notice.

Case Number: 11K01616-1 Hearing Date: August 09, 2011 Dept: 77

MIDLAND FUNDING V. ADAIR, MARK

P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are CONDITIONALLY GRANTED. CCP 2030.290, 2031.300, 2033.280.

P filed three discovery motions, but paid only one filing fee.

P must pay an additional $80 in filing fees before the Motions will be heard.

D filed no opposition.

Once the filing fees are fully paid, the Motion should be granted.

D Mark Adair is ordered to respond without objection to P’s Special Interrogatories (Set One) and to P’s Demand for Production of Documents without objection within 20 days.

Requests for Admissions (Set One) Admissions 1-9 served on 3/03/11 are deemed admitted against D.

D is ordered to pay monetary sanctions of $350, plus filing fees within 20 days.

P is to give notice.

Case Number: 11K01650 Hearing Date: August 09, 2011 Dept: 77

EQUABLE ASCENT FINANCIAL V. MIDDLETON, ERICA

P’s Motions for Compelling Responses to Special Interrogatories; Responses to Demand for Production of Documents; and to Deem Requested Admissions Admitted are DENIED. CCP 1005(B).

P’s Motions were untimely filed. CCP 1005(B).

P filed the motions on 7/27/11 for an 8/9/11 hearing date, which is only 9 court days notice; 16 court days, plus five days for mailing are required by the statute.

Note also: If P seeks to re-file and serve the motions, P must pay filing fees for 3 motions.

P is to give notice.

Case Number: 11K03777 Hearing Date: August 09, 2011 Dept: 77

FORTIS CAPITAL II V. KOENIG, TATYANA

P’s Motion for Requests for Admission to be Deemed Admitted is GRANTED. CCP 2033.280(B).

P’s Requests for Admissions (Set One) are deemed admitted against the defendant.

D is ordered to pay $240 in monetary sanctions.

P is to give notice.

Case Number: 11K05508 Hearing Date: August 09, 2011 Dept: 77

VION HOLDINGS LLC V. BOHANAN, DARRYLDANE

P’s Motion to Deem Requests for Admissions Admitted is GRANTED. CCP 2033.280

D failed to respond to P’s Requests for Admissions served 4/26/11.

Admissions are deemed admitted against D Darryldane Bohanan.

D is ordered to pay $240 in monetary sanctions within 20 days. CCP 2023.010-030.

P to give notice.

Case Number: 11K07474 Hearing Date: August 09, 2011 Dept: 77

CACH LLC V. COVARRUBIAS, MANUEL

P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 ©(1)(a).

P’s complaint establishes the existence of a contract between the original creditor and D; that D breached the contract and owes money to P as successor in interest to the Original Creditor; and that D failed to pay the amounts owed.

D’s Answer failed to state any affirmative defenses.

Judgment may be entered as follows:

Principal balance due:$8,869.95

Costs: $325.00

Total Judgment: $9194.95

P to give notice.

Case Number: 11K08096 Hearing Date: August 09, 2011 Dept: 77

GCFS V. BENDAVID, GILA

P’s Motion for Judgment on the Pleadings is GRANTED. CCP 438 ©(1)(a).

D failed to state any affirmative defenses in her Answer or file any opposition to the Motion.

Judgment may be granted as follows:

Principal balance due: $8,925.56

Interest: 0. No signed contract regarding compound or 24% interest was submitted. CC 1916--2

Attorney fees: $500.00

Costs $330.00

Total Judgment: $9755.56.

Case Number: 11K09360 Hearing Date: August 09, 2011 Dept: 77

GREENE, CEDRIC V. LOS ANGELES COUNTY SHERIFF

D’s Demurrer to Plaintiff Cedric Greene’s First Amended Complaint is SUSTAINED with 20 days leave to file a Second Amended Complaint. CCP 430.10.

P failed to state sufficient facts to constitute any cause of action against D County of Los Angeles pursuant to Government Code 815 et seq.

Plaintiff failed to state any facts to show that D’s conduct was extreme and outrageous or that P suffered any emotional distress as a result of D’s conduct.

D to give notice

Your affirmative defenses better be tight and answer the discovery or They will sink your battleship.

Just to show what happens to us even if we fight. The JDB and CA's are stepping up their game so should we.

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"P filed three discovery motions, but paid only one filing fee.

P must pay an additional $80 in filing fees before the Motions will be heard.

"

One point I forgot to make in my post about motions to compel. If you serve rogs, RFPs, and RFAs all at the same time, and need to file a motion to compel, most courts will rquire 3 separate motions. That means 3 notices of motion, 3, declarations, 3 memo of Ps and As and 3 separate statements. Some Courts will let you file one motion as long as you pay filing fees. But the rules say you should file separate motions and many court will reject a single motion for 3 sets of discovery.

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