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
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Case Number:
*******6885
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Filing Date:
08/14/2020
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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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
4/14/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities
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
4/14/2021: Separate Statement - Separate Statement
2/26/2021: Proof of Service by Mail - Proof of Service by Mail
2/26/2021: Answer - Answer to defendants interrogatories
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
11/4/2020: Request for Entry of Default / Judgment - Request for Entry of Default / 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: Complaint - Complaint
Docket Entries
- 08/18/2023
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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
- 02/14/2022
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Hearing02/14/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 06/17/2021
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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
- 06/01/2021
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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
- 04/15/2021
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DocketHearing on Motion to Compel Further Discovery Responses scheduled for 06/17/2021 at 10:00 AM in Spring Street Courthouse at Department 26
- 04/14/2021
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DocketMotion to Compel Further Discovery Responses; Filed by: Walmart Inc. (Defendant); As to: Sanora Aleman (Plaintiff)
- 04/14/2021
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DocketSeparate Statement; Filed by: Walmart Inc. (Defendant)
- 04/14/2021
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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)
- 04/14/2021
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DocketMemorandum of Points & Authorities; Filed by: Walmart Inc. (Defendant)
- 02/26/2021
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DocketAnswer to defendants interrogatories; Filed by: Sanora Aleman (Plaintiff)
- 08/14/2020
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DocketComplaint; Filed by: Sanora Aleman (Plaintiff); As to: Walmart Inc. (Defendant)
- 08/14/2020
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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
- 08/14/2020
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DocketRequest to Waive Court Fees; Filed by: Sanora Aleman (Plaintiff)
- 08/14/2020
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DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Sanora Aleman (Plaintiff)
- 08/14/2020
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DocketCivil Case Cover Sheet; Filed by: Sanora Aleman (Plaintiff)
- 08/14/2020
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DocketSummons on Complaint; Issued and Filed by: Clerk
- 08/14/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 08/14/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
- 08/14/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
- 08/14/2020
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DocketNon-Jury Trial scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26
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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