oe RX N S N nn A W N El ec tr on ic al ly Re ce iv ed 03 M 1/ 20 19 10 :0 5 H R B RR R E B E R 5 5 5 R 8 6 D5 s Do [= 27 28 COLLINS COLLINS MUIR + STEWART. 1100 Ef Centro Street So, Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT ARCADIO MENDEZ, CASE NO. BC690848 [Assigned to Judge Marc Gross, Dept. 3] Plaintiff, [PROPOSED] ORDER GRANTING DEFENDANT THE CALIFORNIAN PARTNERS, L.P.’S MOTION TO COMPEL FURTHER RESPONSES BY PLAINTIFF ARCADIO MENDEZ TO FORM INTERROGATORIES (SET ONE) AND REQUEST FOR SANCTIONS VS. CALIFORNIA PARTNERS LP; and DOES 1 Through 10, inclusive Defendants. [Filed concurrently with Notice of Motion and Motion to Compel Further Responses by Plaintiff to Form Interrogatories (Set One); and Declaration of Erica B. Row] DATE: May 7, 2019 TIME: 10:00 a.m. DEPT: 3 RES ID: 956166139810 Complaint Filed: 1/19/2018 N a r ” N r ? N a r ’ N a e ’ N a r ’ N a e ’ N n N a N a N a N a N a N a N a a N w N a a N t wt N e w t a ’ wn au n Trial Date: 7/19/2019 21128 1 [PROPOSED] ORDER RE MTN TO COMPEL FURTHER RSPS TO FORM ROGS, SET ONE no ee RX 9 S N n t A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COLLINS COLLINS MUIR 4 STEWART. 1100 El Centro Street So. Pasadena, CA 91030 Phone (626) 243-1100 Fax (626) 243-1111 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that the Court, having read the moving, opposing, and reply papers, argument of counsel and all of the matter presented, regarding Defendant THE CALIFORNIAN PARTNERS, L.P.’s (“Californian”) Motion to Compel Further Responses to Form Interrogatories, Set One, Nos. 8.7 and 8.8 from Plaintiff ARCADIO MENDEZ (“Plaintiff’), the Court hereby orders as follows: 1. Plaintiff and his counsel have demonstrated a pattern of willfully misusing the discovery process and monetary sanctions have not prevented Plaintiff and his counsel from continuing to misuse the discovery process. The Court hereby GRANTS Californian’s motion for terminating sanctions and orders its operative pleadings in this matter stricken and default entered. 2. Plaintiff and/or his attorney, Samuel P. Plunkett, Esq. of Law Offices of Samuel P. Plunkett, shall pay sanctions in the amount of $4,950.00 within twenty (20) days, owed both jointly and severally. 3. In the alternative, the Court hereby GRANTS Californian’s Motion to Compel Further Responses to Form Interrogatories, Set One, Nos. 8.7 and 8.8. Plaintiff shall provide complete, verified responses, without objections, to Californian’s Form Interrogatories, Set One, Nos. 8.7 and 8.8 within twenty (20) days. 4. The Court hereby GRANTS Californian’s motion for issue sanctions prohibiting Plaintiff’s loss of earnings claims and evidentiary sanctions precluding Plaintiff from introducing any evidence at trial of his earnings. Plaintiff is prohibited from pursuing any claims related to lost earnings and from introducing any evidence at trial of his past and future lost earnings. DATED: THE HONORABLE MARC GROSS JUDGE OF THE SUPERIOR COURT 21128 2 [PROPOSED] ORDER RE MTN TO COMPEL FURTHER RSPS TO FORM ROGS, SET ONE PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss. County of Los Angeles. ) I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address is 1100 El Centro Street, South Pasadena, California 91030. On this date, I served the foregoing document described as [PROPOSED] ORDER GRANTING DEFENDANT THE CALIFORNIAN PARTNERS, L.P.’S MOTION TO COMPEL FURTHER RESPONSES BY PLAINTIFF ARCADIO MENDEZ TO FORM INTERROGATORIES (SET ONE) AND REQUEST FOR SANCTIONS on the interested parties in this action by placing same in a sealed envelope, addressed as follows: Samuel P. Plunkett, Esq. 3435 Wilshire Blvd., Suite 2925 Los Angeles, CA 90010 (213) 232-3168 - Fax: (213) 251-5517 spplawofficemail @ gmail.com ATTORNEYS FOR PLAINTIFF(S) ARCADIO MENDEZ x a Od a (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in South Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at South Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. (BY CERTIFIED MAIL) - I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in South Pasadena, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY (BY ELECTRONIC FILING AND/OR SERVICE) - I served a true copy, with all exhibits, electronically on designated recipients listed on the attached Service List on: (Date) at (Time) FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimile number(s) indicated on the attached Service List and the activity report(s) generated by facsimile number (626) 243-1111 indicated all pages were transmitted. (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressees). Executed on March 11, 2019 at South Pasadena, California. (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. nL "egg NELLY-VERDUGO N eee Make a Reservation | Journal Technologies Court Portal ct” https://portal-lasc.journaltech.com/public-portal/?q=calendar/reserve [_.=] Journal Technologies Court Portal Make a Reservation ARCADIO MENDEZ VS CALIFORNIA PARTNERS LP Case Number: BC690848 Case Type: Civil Unlimited Category: Premises Liability (e.g.slip & fall) Date Filed: 2018-01-19 Location: Spring Street Courthouse - Department 3 Reservation Case Name: ARCADIO MENDEZ VS CALIFORNIA PARTNERS LP Type: Motion to Compel Further Discovery Responses Filing Party: California Partners, LP (Defendant) Date/Time: 05/07/2019 10:00 AM Reservation ID: 956166139810 Fees Description Motion to Compel Further Discovery Responses Credit Card Percentage Fee (2.75%) TOTAL Payment Amount: $61.65 Account Number: XXXX3169 = Print Receipt = Reserve Another Hearin Copyright © Journal Technologies, USA. All rights reserved. Case Number: BC690848 Status: RESERVED Location: Spring Street Courthouse - Department 3 Number of Motions: 1 Confirmation Code: CR-DWUAODJJAPCA8BVGWY Fee Qty Amount 60.00 1 60.00 1.65 1 1.65 $61.65 Type: MasterCard Authorization: 01250) 3/4/2019, 2:55 PM
