This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 09:52:57 (UTC).

CHANEL PETTERSON VS SONIA GARCIA

Case Summary

On 09/15/2017 CHANEL PETTERSON filed a Personal Injury - Motor Vehicle lawsuit against SONIA GARCIA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2040

  • Filing Date:

    09/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

ELAINE LU

 

Party Details

Plaintiff

PETTERSON CHANEL

Defendant

GARCIA SONIA

Attorney/Law Firm Details

Plaintiff Attorney

GLADKOV SERGEI

Defendant Attorney

ALBAN ARNOLD J

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

5/15/2019: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF CHANEL PATTERSON TO RESPOND TO INSPECTION DEMAND; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $

7/18/2019: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF CHANEL PATTERSON TO RESPOND TO INSPECTION DEMAND; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $

Motion to Compel (name extension) - Motion to Compel DEFENDANT SONIA GARCIA'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF CHANEL PATTERSON TO RESPOND TO FORM INTERROGATORIES; REQUEST FOR MONETARY

7/18/2019: Motion to Compel (name extension) - Motion to Compel DEFENDANT SONIA GARCIA'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF CHANEL PATTERSON TO RESPOND TO FORM INTERROGATORIES; REQUEST FOR MONETARY

Notice of Related Case - Notice of Related Case

8/6/2019: Notice of Related Case - Notice of Related Case

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/14/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Minute Order - Minute Order (Non-Jury Trial)

3/15/2019: Minute Order - Minute Order (Non-Jury Trial)

Answer - Answer

4/9/2019: Answer - Answer

Summons - on Complaint

9/15/2017: Summons - on Complaint

Civil Case Cover Sheet

9/15/2017: Civil Case Cover Sheet

Complaint

9/15/2017: Complaint

Notice of Case Assignment - Limited Civil Case

9/15/2017: Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court)

9/15/2017: Order on Court Fee Waiver (Superior Court)

 

Docket Entries

  • 09/18/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/10/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/10/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 09/10/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 08/06/2019
  • DocketNotice of Related Case; Filed by: Sonia Garcia (Defendant)

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  • 07/23/2019
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/23/2019
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/18/2019
  • DocketMotion to Compel DEFENDANT SONIA GARCIA'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF CHANEL PATTERSON TO RESPOND TO FORM INTERROGATORIES; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,640.00 AGAINST PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION O; Filed by: Sonia Garcia (Defendant); As to: Chanel Petterson (Plaintiff)

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  • 07/18/2019
  • DocketMotion to Compel NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF CHANEL PATTERSON TO RESPOND TO INSPECTION DEMAND; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,640.00 AGAINST PLAINTIFF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF ARNOLD J. ALBAN; Filed by: Sonia Garcia (Defendant); As to: Chanel Petterson (Plaintiff)

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  • 07/16/2019
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 09/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Party was rescheduled to 09/10/2019 08:30 AM

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9 More Docket Entries
  • 02/20/2018
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 77

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  • 09/15/2017
  • DocketComplaint; Filed by: Chanel Petterson (Plaintiff); As to: Sonia Garcia (Defendant)

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  • 09/15/2017
  • DocketRequest to Waive Court Fees; Filed by: Chanel Petterson (Plaintiff)

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  • 09/15/2017
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Chanel Petterson (Plaintiff)

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  • 09/15/2017
  • DocketCivil Case Cover Sheet; Filed by: Chanel Petterson (Plaintiff)

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  • 09/15/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/15/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/15/2017
  • DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse

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  • 09/15/2017
  • DocketNon-Jury Trial scheduled for 03/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/15/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/18/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 17STLC02040    Hearing Date: December 09, 2019    Dept: 94

Petterson v. Garcia, et al.

MOTION TO CONTINUE TRIAL

(CRC RULE 3.1322)

TENTATIVE RULING:

Defendant Sonia Garcia’s Motion to Continue Trial is GRANTED. TRIAL IS CONTINUED TO APRIL 13, 2020 AT 8:30 AM IN DEPARTMENT 94. MOTION AND DISCOVERY CUT OFF DATES TO FOLLOW THE NEW TRIAL DATE.

ANALYSIS:

Plaintiff Chanel Petterson (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Sonia Garcia (“Defendant”) on September 15, 2017. The matter came for trial on March 15, 2019, at which time Plaintiff indicated she would pursue default and default judgment. Defendant, however, filed her Answer on April 9, 2019. Thereafter, Defendant filed motions compelling discovery responses that were granted on September 10, 2019. Defendant now brings the instant Motion to Continue Trial. To date, no opposition has been filed.

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (CRC Rule 3.1332(c).) The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (CRC Rule 3.1332(c).) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial. (See generally, CRC Rule 3.1332(d)(1)-(11).) Additionally, factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; the proximity of the trial date; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application. (CRC Rule 3.1332(c), (d).)

Defendant has demonstrated good cause for a trial continuance. Defendant has only been participating in this action since April 2019, and Plaintiff has made no effort to advance the case since filing the Complaint. (Answer, filed 4/9/19.) Defendant has required the Court’s intervention to obtain basic discovery and is in the process of trying to schedule depositions. (Motion, Alban Decl., ¶¶4-5.) The currently scheduled trial date of December 10, 2019 does not leave Defendant sufficient time to complete discovery and prepare for trial. Although the trial date was reset once before, it was done so prior to Defendant’s appearance in this action. Nor does Plaintiff oppose the requested continuance.

Based on the foregoing, Defendant Sonia Garcia’s Motion to Continue Trial Date is GRANTED. TRIAL IS CONTINUED TO APRIL 13, 2020 AT 8:30 AM IN DEPARTMENT 94. MOTION AND DISCOVERY CUT OFF DATES ARE TO FOLLOW THE NEW TRIAL DATE.

Moving party to give notice.