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This case was last updated from Los Angeles County Superior Courts on 04/18/2021 at 13:40:51 (UTC).

SANORA ALEMAN VS WALMART INC.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6885

  • Filing Date:

    08/14/2020

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

ALEMAN SANORA

Defendant

WALMART INC.

Attorney/Law Firm Details

Defendant Attorney

COLBERT MICHAEL

 

Court Documents

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/14/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration of Michael F. Colbert ISO Defendant Walmart Inc.'s Motion to Compel Plaintiff's Further Responses to Form Interrogatories

4/14/2021: Declaration (name extension) - Declaration of Michael F. Colbert ISO Defendant Walmart Inc.'s Motion to Compel Plaintiff's Further Responses to Form Interrogatories

Separate Statement - Separate Statement

4/14/2021: Separate Statement - Separate Statement

Proof of Service by Mail - Proof of Service by Mail

2/26/2021: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer to defendants interrogatories

2/26/2021: Answer - Answer to defendants interrogatories

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/30/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Response (name extension) - Response to defendant's opposition

1/11/2021: Response (name extension) - Response to defendant's opposition

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: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473)) of 01/13/2021

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

1/13/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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: Declaration (name extension) - Declaration DECLARATION OF MICHAEL F. COLBERT IN SUPPORT OF DEFENDANT WALMART INC.S MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS COMPLAINT

Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

11/20/2020: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

11/20/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

11/23/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

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

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

8/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

8/14/2020: Complaint - Complaint

17 More Documents Available

 

Docket Entries

  • 08/18/2023
  • 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

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  • 02/14/2022
  • Hearing02/14/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/17/2021
  • Hearing06/17/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 06/01/2021
  • 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

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  • 04/15/2021
  • DocketHearing on Motion to Compel Further Discovery Responses scheduled for 06/17/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 04/14/2021
  • DocketMotion to Compel Further Discovery Responses; Filed by: Walmart Inc. (Defendant); As to: Sanora Aleman (Plaintiff)

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  • 04/14/2021
  • DocketSeparate Statement; Filed by: Walmart Inc. (Defendant)

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  • 04/14/2021
  • DocketDeclaration of Michael F. Colbert ISO Defendant Walmart Inc.'s Motion to Compel Plaintiff's Further Responses to Form Interrogatories; Filed by: Walmart Inc. (Defendant)

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  • 04/14/2021
  • DocketMemorandum of Points & Authorities; Filed by: Walmart Inc. (Defendant)

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  • 02/26/2021
  • DocketAnswer to defendants interrogatories; Filed by: Sanora Aleman (Plaintiff)

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25 More Docket Entries
  • 08/14/2020
  • DocketComplaint; Filed by: Sanora Aleman (Plaintiff); As to: Walmart Inc. (Defendant)

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  • 08/14/2020
  • 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

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  • 08/14/2020
  • DocketRequest to Waive Court Fees; Filed by: Sanora Aleman (Plaintiff)

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  • 08/14/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Sanora Aleman (Plaintiff)

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  • 08/14/2020
  • DocketCivil Case Cover Sheet; Filed by: Sanora Aleman (Plaintiff)

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  • 08/14/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/14/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/14/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/14/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 08/14/2020
  • DocketNon-Jury Trial scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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Tentative Rulings

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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