This case was last updated from Los Angeles County Superior Courts on 10/12/2020 at 21:21:41 (UTC).

CHAIM DERRY VS 99 CENTS ONLY STORES LLC

Case Summary

On 09/28/2017 CHAIM DERRY filed a Personal Injury - Other Personal Injury lawsuit against 99 CENTS ONLY STORES LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2676

  • Filing Date:

    09/28/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiffs

KLAVER MARY LEAH

DERRY CHAIM

Defendant

99 CENTS ONLY STORES LLC DBA 99 CENTS ONLY STORES

Attorney/Law Firm Details

Plaintiff Attorney

KINGSTON PAUL ALEXANDER

Defendant Attorney

WAINFELD GABRIEL HORACE

 

Court Documents

Motion to Compel (name extension) - Motion to Compel Response to Demand for Inspection of Documents

1/28/2020: Motion to Compel (name extension) - Motion to Compel Response to Demand for Inspection of Documents

Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Trial)

2/28/2020: Minute Order - Minute Order (Hearing on Ex Parte Application to Continue Trial)

Ex Parte Application (name extension) - Ex Parte Application to Continue Trial

2/28/2020: Ex Parte Application (name extension) - Ex Parte Application to Continue Trial

Opposition (name extension) - Opposition to Motion to Compel production of documents

3/11/2020: Opposition (name extension) - Opposition to Motion to Compel production of documents

Minute Order - Minute Order (Hearing on Motion to Compel Response to Request for Productio...)

3/16/2020: Minute Order - Minute Order (Hearing on Motion to Compel Response to Request for Productio...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Response to Request for Productio...) of 03/16/2020

3/16/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Response to Request for Productio...) of 03/16/2020

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Order (name extension) - Order .

7/31/2020: Order (name extension) - Order .

Stipulation and Order (name extension) - Stipulation and Order STIPULATION

7/31/2020: Stipulation and Order (name extension) - Stipulation and Order STIPULATION

Notice (name extension) - Notice of Continuance of Trial

8/10/2020: Notice (name extension) - Notice of Continuance of Trial

Proof of Personal Service - Proof of Personal Service

3/26/2019: Proof of Personal Service - Proof of Personal Service

Minute Order - Minute Order (Non-Jury Trial)

3/28/2019: Minute Order - Minute Order (Non-Jury Trial)

Answer - Answer

4/16/2019: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

5/16/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Complaint

9/28/2017: Complaint

Summons - on Complaint

9/28/2017: Summons - on Complaint

Civil Case Cover Sheet

9/28/2017: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

9/28/2017: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 07/14/2021
  • Hearing07/14/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/10/2020
  • DocketNotice of Continuance of Trial; Filed by: 99 Cents Only Stores LLC (Defendant); As to: Chaim Derry (Plaintiff); Mary Leah Klaver (Plaintiff)

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  • 08/03/2020
  • DocketUpdated -- Stipulation and Order STIPULATION: Status Date changed from 07/31/2020 to 08/03/2020; As To Parties changed from Chaim Derry (Plaintiff) to Chaim Derry (Plaintiff)

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  • 08/03/2020
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 10/21/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Stipulation was rescheduled to 07/14/2021 08:30 AM

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  • 07/31/2020
  • DocketUpdated -- Stipulation and Order STIPULATION: Status Date changed from 08/03/2020 to 07/31/2020; As To Parties changed from Chaim Derry (Plaintiff) to Chaim Derry (Plaintiff)

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  • 07/31/2020
  • DocketOrder . Filed by: 99 Cents Only Stores LLC (Defendant); As to: Chaim Derry (Plaintiff)

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  • 07/31/2020
  • DocketUpdated -- Order .: Status changed from Filed to Signed and Filed

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  • 04/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/01/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/01/2020

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  • 04/01/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 05/08/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 10/21/2020 08:30 AM

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24 More Docket Entries
  • 03/28/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 03/26/2019
  • DocketProof of Personal Service; Filed by: Chaim Derry (Plaintiff); As to: 99 Cents Only Stores LLC (Defendant); Service Date: 03/26/2019; Service Cost: 80.00; Service Cost Waived: No

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  • 09/29/2017
  • DocketUpdated -- Summons on Complaint: Name Extension changed from on Complaint to on Complaint

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  • 09/28/2017
  • DocketComplaint; Filed by: Chaim Derry (Plaintiff); As to: 99 Cents Only Stores LLC (Defendant)

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  • 09/28/2017
  • DocketCivil Case Cover Sheet; Filed by: Chaim Derry (Plaintiff)

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  • 09/28/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/28/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/28/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 09/28/2017
  • DocketNon-Jury Trial scheduled for 03/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/28/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 10/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC02676    Hearing Date: March 16, 2020    Dept: 26

Derry v. 99 Cents Only Stores, LLC, et al.

MOTION TO COMPEL PRODUCTION OF DOCUMENTS IN DEPOSITION NOTICE; REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

EFFECTIVE TODAY, BY ORDER OF THE PRESIDNG JUDGE, ALL NON-EMERGENCY MOTIONS ON CALENDAR WILL BE CONTINUED FOR IN-PERSON ARGUMENT FOR AT LEAST 30 DAYS UNLESS PARTIES WISH TO SUBMIT ON THE TENTATIVE RULING VIA PHONE ((213)310-7026) or EMAIL (SSCDept26@lacourt.org) by 10:00 A.M. OR; (B) APPEAR VIA COURT-CALL.

Defendant 99 Cents Only Stores, LLC’s Motion to Compel Production of Documents in Deposition Notice and Request for Sanctions is PLACED OFF CALENDAR.

ANALYSIS:

Plaintiffs Chaim Derry and Mary Leah Klaver (“Plaintiffs”) filed the instant action for premises liability against Defendant 99 Cents Only Stores, LLC (“Defendant”) on September 28, 2017. The action was initially set for trial on March 28, 2019. As Defendant was only served with the Summons and Complaint on March 26, 2019, the Court continued the trial date pursuant to the parties’ oral stipulation to April 9, 2020. Defendant filed its Answer on April 16, 2019.

Defendant filed the instant motion to compel Plaintiff’s production of documents in his deposition notice on January 28, 2020. To date, no opposition has been filed.

Discussion

Pursuant to Code of Civil Procedure section 2024.020, subdivision (a), a party has a “right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (Code Civ. Proc., § 2024.020, subd. (a) (emphasis added).)

Moreover, the continuances of the trial date to April 9, 2020 and May 8, 2020 did not change the discovery and motion cut-off dates here. Pursuant to Code of Civil Procedure section 2024.020, subdivision (b), “a continuance or postponement of the trial date does not operate to reopen discovery proceedings” unless a motion to reopen discovery is filed and granted pursuant to Code of Civil Procedure section 2024.050. (Code Civ. Proc., § 2024.020, subd. (b); Pelton-Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1588 [“By simply hearing the motion to

compel without first deciding whether discovery should be reopened for that purpose under all of the relevant circumstances, the trial court ‘transgresse[d] the confines of the applicable principles of law’ . . . and thereby abused its discretion.”] (citation omitted).)

No motion to reopen discovery has been filed in this action and neither order continuing the trial date reflects that discovery has been reopened based on the new trial dates. Based on the foregoing, the Court finds the last day to complete discovery proceedings was February 26, 2019 and the last date to hear discovery motions was March 13, 2019.

Defendant 99 Cents Only Stores, LLC’s Motion to Compel Production of Documents in Deposition Notice and Request for Sanctions is PLACED OFF CALENDAR.