On 08/14/2020 SANORA ALEMAN filed a Personal Injury - Other Personal Injury lawsuit against WALMART 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 SERENA R. MURILLO. The case status is Pending - Other Pending.
*******6885
08/14/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
ALEMAN SANORA
WALMART INC.
COLBERT MICHAEL
12/4/2020: Statement of Damages (Personal Injury or Wrongful Death) - Statement of Damages (Personal Injury or Wrongful Death)
12/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
12/30/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
1/11/2021: Response (name extension) - Response to defendant's opposition
1/13/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 01/13/2021
1/13/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
1/13/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))
11/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
11/9/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
11/20/2020: Declaration (name extension) - Declaration DECLARATION OF MICHAEL F. COLBERT IN SUPPORT OF DEFENDANT WALMART INC.S MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS COMPLAINT
11/20/2020: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)
11/20/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
11/23/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
12/4/2020: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal Plaintiff's Motion to Dismiss or Vacate Defendants' Motion to Strike Punitive Damages
8/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
8/14/2020: Summons - Summons on Complaint
8/14/2020: Complaint - Complaint
8/14/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
Hearing08/18/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing02/14/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing06/01/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer
DocketUpdated -- Motion to Set Aside/Vacate Dismissal Plaintiff's Motion to Dismiss or Vacate Defendants' Motion to Strike Punitive Damages: Filed By: Sanora Aleman (Plaintiff); Result: Denied; Result Date: 01/13/2021
DocketUpdated -- Notice of Rejection Default/Clerk's Judgment: Status Date changed from 01/13/2021 to 01/13/2021; As To Parties: removed
DocketMinute Order (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))
DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 01/13/2021; Filed by: Clerk
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
DocketHearing on Motion to Set Aside/Vacate Dismissal (CCP 473) scheduled for 01/13/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/13/2021; Result Type to Held - Motion Denied
DocketResponse to defendant's opposition; Filed by: Sanora Aleman (Plaintiff)
DocketComplaint; Filed by: Sanora Aleman (Plaintiff); As to: Walmart Inc. (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/18/2023 at 08:30 AM in Spring Street Courthouse at Department 26
DocketRequest to Waive Court Fees; Filed by: Sanora Aleman (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Sanora Aleman (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Sanora Aleman (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketNon-Jury Trial scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26
Case Number: 20STLC06885 Hearing Date: January 13, 2021 Dept: 26
Aleman v. Walmart, Inc., et al.
MOTION TO STRIKE
TENTATIVE RULING:
Plaintiff Sanora Aleman’s Motion to Dismiss or Vacate Defendant’s Motion to Strike the Request for Punitive Damages is DENIED.
ANALYSIS:
On August 14, 2020, Plaintiff Sanora Aleman (“Plaintiff”) filed the instant action for premises liability against Defendant Walmart, Inc. (“Defendant”). On November 20, 2020, Defendant filed a Motion to Strike the Request for Punitive Damages.
Plaintiff filed the instant “Motion to Dismiss or Vacate Defendant’s Motion to Strike Punitive Damages” on December 4, 2020. Defendant filed an opposition on December 30, 2020.
Discussion
The Motion is not accompanied by a proof of service demonstrating service of either the Motion or Notice of Hearing on Defendant. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) It does appear that Defendant has notice of the Motion, however, since it filed an opposition.
Additionally, the Motion is not brought pursuant to any legal authority to strike Defendant’s Motion to Strike the Request for Punitive Damages. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).) Plaintiff, therefore, has not shown that the Court has any grounds to strike Defendant’s Motion to Strike the Request for Punitive Damages.
Based on the foregoing defects, Plaintiff Sanora Aleman’s Motion to Dismiss or Vacate Defendant’s Motion to Strike the Request for Punitive Damages is DENIED.
Court clerk to give notice.
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