This case was last updated from Los Angeles County Superior Courts on 07/13/2021 at 09:53:35 (UTC).

EDWIN DALLY VS ALONDRA HOT WINGS, ET AL.

Case Summary

On 01/22/2019 EDWIN DALLY filed a Civil Right - Other Civil Right lawsuit against ALONDRA HOT WINGS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0679

  • Filing Date:

    01/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs and Cross Defendants

DALLY EDWIN

SHIN TED S. DBA THE LAW OFFICES OF TED S. SHIN

Defendants and Cross Plaintiffs

ALONDRA HOT WINGS

MY WORLD ENTERPRISES INC

EGORY VOUDOURIS TRUST

VOUDOURIS GREGORY

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

SHIN TED

888 Prospect Street, Suite 200

La Jolla, CA 92037

Defendant and Cross Plaintiff Attorney

SKELLY GARRETT EUGENE

 

Court Documents

Complaint - Complaint

1/22/2019: Complaint - Complaint

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

5/14/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion to Continue Trial Date - Motion to Continue Trial Date

6/30/2021: Motion to Continue Trial Date - Motion to Continue Trial Date

Request for Dismissal - Request for Dismissal

6/13/2019: Request for Dismissal - Request for Dismissal

Answer - Answer

5/3/2019: Answer - Answer

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

5/3/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service by Mail - Proof of Service by Mail

4/4/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Cross Complaint

3/26/2019: Summons - Summons on Cross Complaint

Answer - Answer

3/6/2019: Answer - Answer

Request (name extension) - Request for exemption from mandatory electronic filing and service

3/6/2019: Request (name extension) - Request for exemption from mandatory electronic filing and service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3/6/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

3/6/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Personal Service - Proof of Personal Service

2/11/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

2/19/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

1/22/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

1/22/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/23/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10 More Documents Available

 

Docket Entries

  • 01/25/2022
  • Hearing01/25/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 08/11/2021
  • Hearing08/11/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/26/2021
  • Hearing07/26/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Continue Trial

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  • 06/30/2021
  • DocketMotion to Continue Trial Date; Filed by: EGORY VOUDOURIS TRUST (Defendant); GREGORY VOUDOURIS (Defendant)

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  • 06/30/2021
  • DocketHearing on Motion to Continue Trial scheduled for 07/26/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 05/14/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/14/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 07/21/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 08/11/2021 08:30 AM

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  • 06/13/2019
  • DocketOn the Complaint filed by EDWIN DALLY on 01/22/2019, entered Request for Dismissal with prejudice filed by EDWIN DALLY as to MY WORLD ENTERPRISES INC

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  • 06/13/2019
  • DocketRequest for Dismissal; Filed by: EDWIN DALLY (Plaintiff); As to: MY WORLD ENTERPRISES INC (Defendant)

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  • 05/03/2019
  • DocketAnswer; Filed by: EDWIN DALLY (Cross-Defendant); Ted S. Shin (Cross-Defendant)

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16 More Docket Entries
  • 01/23/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/23/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk

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  • 01/23/2019
  • DocketNon-Jury Trial scheduled for 07/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/23/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/22/2019
  • DocketComplaint; Filed by: EDWIN DALLY (Plaintiff); As to: ALONDRA HOT WINGS (Defendant); MY WORLD ENTERPRISES INC (Defendant); EGORY VOUDOURIS TRUST (Defendant) et al.

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  • 01/22/2019
  • DocketCivil Case Cover Sheet; Filed by: EDWIN DALLY (Plaintiff); As to: ALONDRA HOT WINGS (Defendant); MY WORLD ENTERPRISES INC (Defendant); EGORY VOUDOURIS TRUST (Defendant) et al.

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  • 01/22/2019
  • DocketSummons on Complaint; Issued and Filed by: EDWIN DALLY (Plaintiff); As to: ALONDRA HOT WINGS (Defendant); MY WORLD ENTERPRISES INC (Defendant); EGORY VOUDOURIS TRUST (Defendant) et al.

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  • 01/22/2019
  • DocketRequest to Waive Court Fees; Filed by: EDWIN DALLY (Plaintiff)

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  • 01/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 19STLC00679 Hearing Date: July 26, 2021 Dept: 26

Dally v. Alondra Hot Wings, et al. 19STLC00679

CONTINUE\r\nTRIAL DATE

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(CRC\r\nRULE 3.1332)

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TENTATIVE RULING:

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Defendants Egory\r\nVoudouris Trust and Gregory Voudouris’ Motion to Continue the Trial Date is GRANTED.\r\nTRIAL IS CONTINUED TO NOVEMBER 12, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE\r\nSPRING STREET COURTHOUSE.

ANALYSIS:

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Plaintiff Edwin Dally (“Plaintiff”) filed the instant action\r\nfor discrimination on the basis of disability against Defendants Alondra Hot\r\nWings, My World Enterprises, Inc., Egory Voudouris Trust and Gregory Voudouris on\r\nJanuary 22, 2019. Trial in this action was initially scheduled for July 21,\r\n2020 and continued on the Court’s own motion to August 11, 2021. Defendants Egory\r\nVoudouris Trust and Gregory Voudouris (“Moving Defendants”) filed the instant\r\nMotion to Continue Trial Date (“the Motion”) on June 30, 2021. No opposition is\r\nfiled to date.

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Discussion

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“Although\r\ncontinuances of trials are disfavored, each request for a continuance must be\r\nconsidered on its own merits. The Court may grant a continuance only on an\r\naffirmative showing of good cause requiring the continuance.” (Cal. Rules of\r\nCourt, Rule 3.1332, subd. (c).) The Court may look to the following factors in\r\ndetermining whether a trial continuance is warranted: (1) proximity of the\r\ntrial date; (2) whether there was any previous continuance of trial due to any\r\nparty; (3) the length of the continuance requested; (4) the availability of\r\nalternative means to address the problem that gave rise to the motion; (5) the\r\nprejudice that parties or witnesses will suffer as a result of the continuance;\r\nand (6) whether trial counsel is engaged in another trial. (See generally, Cal. Rules of Court, Rule\r\n3.1332, subd. (d)(1)-(11).) Additionally, factors for the Court to consider\r\ninclude: a party’s excused inability to obtain essential testimony, documents,\r\nor other material evidence despite diligent efforts; whether all parties have\r\nstipulated to a continuance; and any other fact or circumstance relevant to the\r\nfair determination of the motion or application. (Cal. Rules of Court, Rule\r\n3.1332, subds. (c), (d).)

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Moving Defendants argue\r\nthat good cause exists for a continuance of the trial date, which is currently\r\nset for August 11, 2021, because Defendant Gregory Voudouris will be in Greece\r\nuntil August 17, 2021. (Motion, Skelly Decl., ¶3.) As a result, Defendant\r\nGregory Voudouris cannot be at trial. (Ibid.) Prior to filing the\r\ninstant Motion, Moving Defendants sought Plaintiff’s stipulation to continue\r\nthe trial date. (Id. at ¶4 and Exh. 2.) Plaintiff’s counsel made no\r\nresponse to the proposed stipulation and Plaintiff has filed no opposition to\r\nthe instant Motion. (Id. at ¶4.)

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While the instant\r\nMotion was brought in close proximity to the trial date, there has only been\r\none prior continuance on the Court’s own motion due to the impact of the\r\nCOVID-19 pandemic last year. The Motion does not indicate the length of the\r\ncontinuance sought, but the reason for the request indicates that only a short\r\ncontinuance is needed. Nor is there any apparent prejudice to other parties\r\nfrom a short continuance; indeed, Plaintiff has not bothered to oppose the\r\nMotion. Given that Defendant Gregory Voudouris’ appearance at trial is crucial\r\nand no objection has been made, the factors of Rule 3.1332 weigh in favor of a\r\ncontinuance.

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Conclusion

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Defendants Egory Voudouris Trust\r\nand Gregory Voudouris’ Motion to Continue the Trial Date is GRANTED. TRIAL IS\r\nCONTINUED TO NOVEMBER 12, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET\r\nCOURTHOUSE.

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Moving party to give notice.

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