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24CHCV00092·la·Civil·Motor vehicle negligence
Hearing todayDENIED

Gabriel Marroquin vs. Flixbus, Inc., John Doe, and Does 1-50

Motion to Compel Responses to Special Interrogatories; Request for Sanctions

Hearing date
Aug 20, 2026
Department
F49
Judge
Prevailing
Opposing Party

Motion type

Browse all Motion to Compel Further Responses rulings statewide →

Causes of action

Monetary amounts referenced

$880.00

Parties

PlaintiffGabriel Marroquin
DefendantFlixbus, Inc.
DefendantClassic Charter, Inc.
DefendantPorter Fox

Ruling

Case No. 24CHCV00092 | LOS ANGELES SUPERIOR COURT NORTH VALLEY DISTRICT DEPARTMENT F49 AUGUST 20, 2026

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS Los Angeles Superior Court Case No. 24CHCV00092 Motion filed: 5/8/26 MOVING PARTY: Defendants Flixbus, Inc. and Classic Charter, Inc. RESPONDING PARTY: None NOTICE: Defective RELIEF REQUESTED: An order from this Court compelling Plaintiff to serve verified responses, without objection, to Defendants' Special Interrogatories, Set Two; and awarding monetary sanctions in the amount of $880.00. TENTATIVE RULING: The motion is DENIED. The request for sanctions is DENIED.

BACKGROUND On January 9, 2024, Plaintiff Gabriel Marroquin ("Plaintiff") initiated this action against Defendants Flixbus, Inc. ("Flixbus"), John Doe ("Doe"), and Does 1 through 50 (collectively, "Defendants") for motor vehicle negligence. The Complaint alleges that Plaintiff sustained injuries in a motor vehicle accident that occurred August 8, 2023.

On January 15 and January 17, 2025, Plaintiff filed amendments to the Complaint, naming Classic Charter, Inc. ("CC") and Porter Fox ("Fox") as Doe 1 and John Doe, respectively. On February 13, 2024, Flixbus filed an Answer. On January 30, 2025, CC filed an Answer. On May 8, 2026, Flixbus and CC (collectively, "Moving Defendants") filed the instant motion to compel Plaintiff to respond to their Special Interrogatories, Set Two (the "Motion"). No opposition or reply papers have been filed.

ANALYSIS A. Notice As a preliminary matter, the Court notes that on November 6, 2025, Plaintiff's counsel moved to be relieved. On December 16, 2025, the Court granted the Motion. The order granting relief indicates that it is effective upon the filing of the proof of service of the signed order upon the Plaintiff. (Order, Dec. 18, 2025.) Plaintiff's counsel filed proof of service of the order on June 8, 2026. Relief was accordingly not effective until June 8, 2026, and until that date, Plaintiff was represented by counsel. Where a party is represented by counsel, service of any papers, when required, must be made upon the attorney instead of the party. (Code Civ. Proc., Sec. 1015.)

Here, Moving Defendants' counsel attests that Moving Defendants served Plaintiff with their Special Interrogatories, Set Two on March 12, 2026. (Angle Decl., P. 3.) Proof of service of the interrogatories indicates that they were served via email and mail to Plaintiff's personal email and address. The proof of service attached to the Motion, filed on May 8, 2026, also indicates service by email and mail to Plaintiff himself. In March and May 2026, however, Plaintiff was still represented by counsel, whose relief had not yet become effective. Service was therefore required to be made on Counsel instead of Plaintiff. Service of the interrogatories and the Motion are accordingly defective. Based on the foregoing, the Court DENIES the Motion.

CONCLUSION The Court DENIES Defendants Flixbus, Inc. and Classic Charter, Inc.'s motion to compel Plaintiff to respond to Defendants' interrogatories. Defendants' request for sanctions is DENIED. Moving party to give notice.

Case Number: 25CHCV02190 Hearing Date: August 20, 2026 Dept: F49 Dept. F49 | Date: 8/20/26 | Case Name: Michelle West v. Hyundai Motor America, and Does 1-50 |

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