This case was last updated from Los Angeles County Superior Courts on 07/02/2020 at 03:48:14 (UTC).

MONIQUE JOHNSON VS MOSS MANAGEMENT SERVICES INC, ET AL.

Case Summary

On 04/22/2019 MONIQUE JOHNSON filed a Personal Injury - Motor Vehicle lawsuit against MOSS MANAGEMENT SERVICES INC. 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:

    *******3902

  • Filing Date:

    04/22/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

JOHNSON MONIQUE

Van Nuys, CA 91405

Defendants and Cross Plaintiffs

LA APARTMENTS BIZ

MOSS MANAGEMENT SERVICES INC

DIONNA

NARANJO DIONNA

Defendant and Cross Defendant

NARANJO DIONNA

Attorney/Law Firm Details

Plaintiff Attorney

HANASSAB FRED

Defendant Attorneys

FEINBERG LAURENCE

PARTICK TORSNEY

MARCUCCI GERMAN

 

Court Documents

Opposition (name extension) - Opposition to Defendant's Motion for Summary Judgment

6/29/2020: Opposition (name extension) - Opposition to Defendant's Motion for Summary Judgment

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Summary Judgment) of 06/30/2020

6/30/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Summary Judgment) of 06/30/2020

Reply (name extension) - Reply REPLY MSJ

4/13/2020: Reply (name extension) - Reply REPLY MSJ

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 01/14/2020

1/14/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Deem Request for Admissions Admitted) of 01/14/2020

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

1/14/2020: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice of Motion - Notice of Motion

1/16/2020: Notice of Motion - Notice of Motion

Notice of Entry of Dismissal and Proof of Service - Notice of Entry of Dismissal and Proof of Service

1/7/2020: Notice of Entry of Dismissal and Proof of Service - Notice of Entry of Dismissal and Proof of Service

Notice (name extension) - Notice of Ruling

12/2/2019: Notice (name extension) - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

12/2/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

12/4/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

9/26/2019: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Answer - Answer

9/11/2019: Answer - Answer

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

7/29/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Request for Dismissal - Request for Dismissal

8/12/2019: Request for Dismissal - Request for Dismissal

Summons - Summons Cross-Complaint

6/17/2019: Summons - Summons Cross-Complaint

Summons - Summons on Complaint

4/22/2019: Summons - Summons on Complaint

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

4/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

25 More Documents Available

 

Docket Entries

  • 04/25/2022
  • Hearing04/25/2022 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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  • 10/19/2020
  • Hearing10/19/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/30/2020
  • DocketMinute Order (Hearing on Motion for Summary Judgment)

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  • 06/30/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Summary Judgment) of 06/30/2020; Filed by: Clerk

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  • 06/30/2020
  • DocketHearing on Motion for Summary Judgment scheduled for 06/30/2020 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/30/2020; Result Type to Held - Motion Granted

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  • 06/29/2020
  • DocketEx Parte Application To continue Motion for Summary Judgment; Filed by: Monique Johnson (Plaintiff); As to: Moss Management Services, Inc. Erroneously Sued As Moss Management Services Inc (Defendant)

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  • 06/29/2020
  • DocketOpposition to Defendant's Motion for Summary Judgment; Filed by: Monique Johnson (Plaintiff)

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  • 06/29/2020
  • DocketUpdated -- Ex Parte Application To continue Motion for Summary Judgment: Filed By: Monique Johnson (Plaintiff); Result: Denied; Result Date: 06/29/2020

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  • 06/29/2020
  • DocketNotice OF RULING; Filed by: Moss Management Services, Inc. Erroneously Sued As Moss Management Services Inc (Defendant); As to: Monique Johnson (Plaintiff)

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  • 06/29/2020
  • DocketMinute Order (Hearing on Ex Parte Application To continue Motion for Summar...)

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48 More Docket Entries
  • 04/22/2019
  • DocketRequest to Waive Court Fees; Filed by: Monique Johnson (Plaintiff)

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  • 04/22/2019
  • DocketComplaint; Filed by: Monique Johnson (Plaintiff); As to: Moss Management Services Inc (Defendant); LA Apartments Biz (Defendant); Dionna (Defendant)

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  • 04/22/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk

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  • 04/22/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/22/2019
  • DocketNon-Jury Trial scheduled for 10/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/22/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 04/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Monique Johnson (Plaintiff)

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Tentative Rulings

Case Number: 19STLC03902    Hearing Date: June 30, 2020    Dept: 26

Johnson v. Moss Management Services, Inc., et al.

MOTION FOR SUMMARY JUDGMENT

(CCP § 437c)

TENTATIVE RULING:

Defendant Moss Management Services, Inc.’s Motion for Summary Judgment on the Complaint is GRANTED. PROPOSED JUDGMENT TO BE FILED WITHIN 10 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Monique Johnson (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Moss Management Services, Inc. (“Defendant Moss Management”), LA Apartments Biz and Dionna Naranjo on April 22, 2019. Defendant Moss Management filed a Cross-Complaint against LA Apartments Biz and Dionna Naranjo on June 17, 2019.

On December 2, 2020, the Court granted Defendant Moss Management’s Motion to Deem Requests for Admission Admitted Against Plaintiff. Defendant Moss Management filed the instant Motion for Summary Judgment against Plaintiff on January 16, 2020. On April 9, 2020, Plaintiff’s counsel filed a declaration seeking a continuance of the Motion for Summary Judgment on the grounds that he was going to file a motion for relief from the deemed admissions by April 9, 2020. To date, however, no motion for relief from the deemed admissions has been filed on Plaintiff’s behalf. Nor has any opposition to the Motion for Summary Judgment been filed.

Discussion

Plaintiff alleges her vehicle was damaged when a property management trash bag fell off a third-floor balcony. (Compl., ¶15.) The Complaint alleges a single cause of action for negligence. The elements of a negligence cause of action are duty, breach, causation and damages. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal. App. 4th 292, 318.)

Defendant Moss Management moves for summary judgment on the grounds that Plaintiff has now admitted, through the deemed admissions, that Defendant Moss Management was not the cause of any of the damages sustained in the incident. (Motion, Separate Statement of Facts No. 2; Exh. B, p. 2:11-18.) On its own motion, the Court takes judicial notice of the fact that “the incident” is defined as “the circumstance and events surrounding the alleged accident, injury, or other occurrence giving rise to this action or proceeding.” (Motion to Deem Requests for Admission Admitted, Exh. B, ¶1; Cal. Evid. Code, § 452, subd. (h).)

Based on the foregoing admission, the Court finds that Defendant Moss Management has demonstrated Plaintiff cannot prove that she suffered damages as a result of any conduct by Defendant Moss Management. Accordingly, Defendant Moss Management has carried its burden of proof to show that no triable issues of material fact exist as to its liability to Plaintiff for negligence. The burden now shifts to Plaintiff to demonstrate the existence of a triable issue of material fact. However, as Plaintiff has not filed any opposition, she has not carried her burden of proof.

Defendant Moss Management Services, Inc.’s Motion for Summary Judgment on the Complaint is GRANTED.

Moving party to give notice.

Case Number: 19STLC03902    Hearing Date: January 14, 2020    Dept: 94

MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED

(CCP § )

TENTATIVE RULING:

Defendant LA Apartments Biz’s Motion for Order Establishing Admissions and for Monetary Sanctions is PLACED OFF CALENDAR.

I. Background & Discussion

On April 22, 2019, Plaintiff Monique Johnson (“Plaintiff”) filed an action for property damage against Defendants Moss Management Services, Inc. (“Moss Management”), LA Apartments Biz (“LA Apartments”), and Dionna Naranjo (“Naranjo”) (collectively, “Defendants”). On June 17, 2019, Moss Management filed a cross-complaint against Naranjo for declaratory relief and indemnity. On August 12, 2019, Plaintiff filed a Request for Dismissal of Naranjo, which was granted on August 14, 2019.

On December 4, 2019, LA Apartments filed the instant Motion for Order Establishing Admissions and for Monetary Sanctions (the “Motion”).

On January 2, 2020, Plaintiff filed a Request for Dismissal as to LA Apartments and dismissal was granted on January 3, 2020. Because LA Apartments has been dismissed from the instant action, its Motion is PLACED OFF CALENDAR.

II. Conclusion & Order  

Based on the foregoing, Defendant LA Apartments Biz’s Motion for Order Establishing Admissions and For Monetary Sanctions is PLACED OFF CALENDAR.

Court clerk to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Case Number: 19STLC03902    Hearing Date: December 02, 2019    Dept: 94

Johnson v. Moss Management Services, Inc., et al

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Defendant Moss Management Services, Inc.’s Motion to Deem Requests for Admission Served on Plaintiff Monique Johnson Deemed Admitted and Request for Sanctions, is GRANTED. PLAINTIFF IS TO PAY SANCTIONS OF $360.00 TO MOVING DEFENDANT’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Monique Johnson (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendants Moss Management Services, Inc. (“Defendant Moss Management”), LA Apartments Biz and Dionna Naranjo on April 22, 2019. Defendant Moss Management filed a Cross-Complaint against LA Apartments Biz and Dionna Naranjo on June 17, 2019. Defendant Moss Management filed the instant Motion to Deem Requests for Admission Served on Plaintiff Admitted and Request for Sanctions on September 26, 2019. To date, no opposition has been filed.

Plaintiff has not provided verified responses to the discovery propounded by Defendant Moss Management, nor filed an opposition explaining her failure to do so. (Motion, Torsney Decl., ¶¶3-4 and Exhs. A-B.) There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. Further, the motion can be brought any time after the responding party fails to provide the responses. Based on the foregoing, the court deems the Requests for Admission, Set One, served on Plaintiff on August 13, 2019, admitted. The Court also finds that sanctions are appropriate under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive given the simplicity of this motion. Sanctions are granted against Plaintiff in the amount of $360.00, based on two (2) hours of attorney time billed at $150.00 per hour, plus the $60.00 filing fee. (Motion, Torsney Decl., ¶5.)

Defendant Moss Management Services, Inc.’s Motion to Deem Requests for Admission Served on Plaintiff Monique Johnson Admitted and Request for Sanctions, is GRANTED. PLAINTIFF IS TO PAY SANCTIONS OF $360.00 TO MOVING DEFENDANT’S COUNSEL WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.