This case was last updated from Los Angeles County Superior Courts on 09/25/2020 at 03:29:25 (UTC).

SHUKRY MESSIH VS RALPHS GROCERY COMPANY

Case Summary

On 08/05/2019 SHUKRY MESSIH filed a Personal Injury - Other Personal Injury lawsuit against RALPHS GROCERY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******7177

  • Filing Date:

    08/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MESSIH SHUKRY

Defendant

RALPHS GROCERY COMPANY

Attorney/Law Firm Details

Defendant Attorney

STONE GREGORY E.

 

Court Documents

Other - (name extension) - Authorization to Appear

8/13/2020: Other - (name extension) - Authorization to Appear

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 09/23/2020

9/23/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 09/23/2020

Certificate of Mailing for - Certificate of Mailing for [Notice of Remote Appearances and Exchange and Submission of Evidence Protocol]

8/3/2020: Certificate of Mailing for - Certificate of Mailing for [Notice of Remote Appearances and Exchange and Submission of Evidence Protocol]

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/13/2020

8/13/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 08/13/2020

Order on Request for Court Order - Order on Request for Court Order

4/27/2020: Order on Request for Court Order - Order on Request for Court Order

Minute Order - Minute Order (Court Order)

4/27/2020: Minute Order - Minute Order (Court Order)

Request (name extension) - Request for judicial notice in connection with notice of vexatious litigant

4/1/2020: Request (name extension) - Request for judicial notice in connection with notice of vexatious litigant

Notice (name extension) - Notice of Vexatious Litigant

4/1/2020: Notice (name extension) - Notice of Vexatious Litigant

Notice of Trial - Notice of Trial (Small Claims Trail/Hearing)

2/28/2020: Notice of Trial - Notice of Trial (Small Claims Trail/Hearing)

Certificate of Mailing for - Certificate of Mailing for [Other - Request for Court Order and Answer]

3/12/2020: Certificate of Mailing for - Certificate of Mailing for [Other - Request for Court Order and Answer]

Ex Parte Application (name extension) - Ex Parte Application for an order to transfer this case to small claims court

2/19/2020: Ex Parte Application (name extension) - Ex Parte Application for an order to transfer this case to small claims court

Minute Order - Minute Order (Hearing on Ex Parte Application for an order to transfer this...)

2/20/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for an order to transfer this...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/24/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Complaint - Complaint

8/5/2019: Complaint - Complaint

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

8/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

25 More Documents Available

 

Docket Entries

  • 11/06/2020
  • Hearing11/06/2020 at 03:00 PM in Department 90 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/23/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 09/23/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 09/23/2020; Filed by: Clerk

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  • 09/23/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 09/23/2020 at 03:00 PM in Stanley Mosk Courthouse at Department 90 Not Held - Continued - Court's Motion was rescheduled to 11/06/2020 03:00 PM

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  • 08/13/2020
  • DocketAuthorization to Appear; Filed by: Alpha Beta Company dba Ralphs Erroneously Sued As Ralphs Grocery Company (Defendant)

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  • 08/13/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 08/13/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 08/13/2020; Filed by: Clerk

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  • 08/13/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/13/2020 at 04:30 PM in Stanley Mosk Courthouse at Department 90 Not Held - Continued - Court's Motion was rescheduled to 09/23/2020 03:00 PM

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  • 08/03/2020
  • DocketCertificate of Mailing for [Notice of Remote Appearances and Exchange and Submission of Evidence Protocol]; Filed by: Clerk

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  • 08/03/2020
  • DocketNotice of Remote Appearances and Exchange and Submission of Evidence Protocol; Issued by: Clerk; As to: Shukry Messih (Plaintiff); Alpha Beta Company dba Ralphs Erroneously Sued As Ralphs Grocery Company (Defendant)

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45 More Docket Entries
  • 08/05/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Shukry Messih (Plaintiff)

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  • 08/05/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Shukry Messih (Plaintiff); Result: Granted; Result Date: 08/05/2019; As To Parties: removed

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  • 08/05/2019
  • DocketRequest to Waive Court Fees; Filed by: Shukry Messih (Plaintiff)

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  • 08/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Shukry Messih (Plaintiff)

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  • 08/05/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/05/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 08/05/2019
  • DocketNon-Jury Trial scheduled for 02/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC07177    Hearing Date: February 24, 2020    Dept: 26

Messih v. Ralphs Grocery Company

MOTIONS TO COMPEL RESPONSES TO DISCOVERY AND REQUEST FOR MONETARY SANCTIONS

(CCP §§ 2030.290, 2031.300)

TENTATIVE RULING:

Defendant Ralphs’s Motion to Compel Responses to Discovery and Request for Monetary Sanctions is GRANTED.

ANALYSIS:

I. Background

On September 20, 2019, Defendant Ralphs served Form Interrogatories, Specially Prepared Interrogatories, and Demand for Identification and Inspection of Documents on Plaintiff Messih (“Plaintiff”). (Macksoud Decl., Form Interrogatories, ¶ 2, Exh. A; Macksoud Decl., Specially Prepared Interrogatories, ¶ 2, Exh. A; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 2, Exh. A.) As of January 23, 2020, Plaintiff has not responded to Defendant’s discovery requests. (Macksoud Decl., Form Interrogatories, ¶ 5 Macksoud Decl., Specially Prepared Interrogatories, ¶ 5; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 5.) As a result, Defendant filed three Motions to Compel Responses to Discovery and Request for Sanctions (the “Motions”) on January 24, 2020.

Plaintiff filed a General Opposition to Defendant’s Discovery motions, belatedly, on February 19, 2020. Plaintiff alleges that the motions were not properly noticed, the reservation for the motions was improper, and that the defnedant’s failed to met andconfer before filing the discovery motions. Plaintiff alleges that there was a delay due to medical issues.

III. Legal Standard

A court is permitted to intervene if a party fails to timely serve responses to discovery requests. (Code of Civ. Proc., §§ 2030.290, subd. (b), 2031.300, subd. (b).) A requirement to meet and confer is only required prior to a Motion for an order compelling further responses pursuant to Code of Civil Procedure section 2030.300, subdivision (b)(1). As this motion is to compel reponsesk, not further responses, there is no requirement for a meet and confer declaration.

IV. Discussion & Order

Due to Plaintiff’s failure to respond to the propounded discovery requests, Defendant’s Motions are GRANTED. (Code Civ. Proc., §§ 2030.290, 2031.300.) Plaintiff is ordered to serve verified responses without objections to the Form Interrogatories, Specially Prepared Interrogatories, and Requests for Identification and Inspection of Documents within twenty (20) days.

The Court also finds Plaintiff’s failure to respond a misuse of the discovery process, warranting sanctions. (Code Civ. Proc., § 2023.010, subd. (d).) In addition, because Defendant’s Motions have been granted, monetary sanctions are mandatory under Code of Civil Procedure, sections 2030.290, subd. (c) and 2031.300, subd. (c).

Defendant’s counsel requests in each motion $3,105 in sanctions which includes a $60.00 filing fee for each motion and a total of fifteen hours of attorney time billed at $195.00 per hour. (Macksoud Decl., Form Interrogatories, ¶ 6; Macksoud Decl., Specially Prepared Interrogatories, ¶ 6; Macksoud Decl., Demand for Identification and Inspection of Documents, ¶ 6.) However, the amount sought is excessive given the simplicity of these nearly identical motions. The Request for Sanctions is GRANTED against Plaintiff in the amount of $195.00 based on one hour of attorney time billed at $195.00 per hour, plus three filing fees of $60.00, to be paid within thirty (30) days of service of notice of this order.

Moving party is ordered 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.