This case was last updated from Los Angeles County Superior Courts on 12/24/2019 at 00:16:34 (UTC).

CARIN MEMMER VS MIDTOWN CARPET COMPANY ET AL

Case Summary

On 10/06/2016 CARIN MEMMER filed a Personal Injury - Motor Vehicle lawsuit against MIDTOWN CARPET COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GEORGINA T. RIZK and KRISTIN S. ESCALANTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6026

  • Filing Date:

    10/06/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GEORGINA T. RIZK

KRISTIN S. ESCALANTE

 

Party Details

Plaintiff and Petitioner

MEMMER CARIN

Defendants and Respondents

GAFOURI QAYUM

DOES 1 TO 25

GAFOURI MASSOUD

MIDTOWN CARPET COMPANY

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

VAZIRI LAW GROUP APC.

Defendant Attorneys

SHAVER KORFF & CASTRONOVO LAW O/O

HANGER STEINBERG SHAPIRO & ASH

SHAPIRO MARC STEVEN ESQ.

VO ALEX SILVA ESQ.

KORFF EVE HELENE ESQ.

 

Court Documents

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

8/1/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Opposition - OPPOSITION DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION

8/29/2019: Opposition - OPPOSITION DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION

Minute Order - MINUTE ORDER (1- HEARING ON SELF-REPRESENTED PLAINTIFF'S EX PARTE APPLICATI...)

8/30/2019: Minute Order - MINUTE ORDER (1- HEARING ON SELF-REPRESENTED PLAINTIFF'S EX PARTE APPLICATI...)

Minute Order - MINUTE ORDER (- HEARING ON DEFENDANT MASSOUD GAFOURI'S MOTION TO COMPEL DIS...)

9/3/2019: Minute Order - MINUTE ORDER (- HEARING ON DEFENDANT MASSOUD GAFOURI'S MOTION TO COMPEL DIS...)

Minute Order - MINUTE ORDER (HEARING ON SELF-REPRESENTED PLAINTIFF'S EX PARTE APPLICATION ...)

9/4/2019: Minute Order - MINUTE ORDER (HEARING ON SELF-REPRESENTED PLAINTIFF'S EX PARTE APPLICATION ...)

Notice of Ruling

9/6/2019: Notice of Ruling

Notice of Ruling

9/11/2019: Notice of Ruling

Opposition - OPPOSITION OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION

9/26/2019: Opposition - OPPOSITION OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION

Notice of Ruling

10/16/2019: Notice of Ruling

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

11/27/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR TERMINATING SANCTIONS)

SUMMONS -

10/6/2016: SUMMONS -

ANSWER TO COMPLAINT FOR DAMAGES

3/6/2017: ANSWER TO COMPLAINT FOR DAMAGES

CIVIL DEPOSIT -

3/6/2017: CIVIL DEPOSIT -

ORDER AND STIPULATION TO CONTINUE TRIAL

6/18/2018: ORDER AND STIPULATION TO CONTINUE TRIAL

Opposition - Opposition PLAINTIFFS RESPONSE AND OPPOSITON TO MOTION TO COMPEL DEPOSITON OF PLAINTIFF; DECLARATION OF STEFANO G. FORMICA

1/22/2019: Opposition - Opposition PLAINTIFFS RESPONSE AND OPPOSITON TO MOTION TO COMPEL DEPOSITON OF PLAINTIFF; DECLARATION OF STEFANO G. FORMICA

Notice - Notice Notice of Change of Time for Motion to Compel Deposition

1/23/2019: Notice - Notice Notice of Change of Time for Motion to Compel Deposition

Reply - Reply TO PLAINTIFF'S LATE SERVED OPPOSITION

1/24/2019: Reply - Reply TO PLAINTIFF'S LATE SERVED OPPOSITION

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

1/25/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

38 More Documents Available

 

Docket Entries

  • 01/22/2020
  • Hearing01/22/2020 at 08:30 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 01/06/2020
  • Hearing01/06/2020 at 10:00 AM in Department 2 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/27/2019
  • Docketat 1:30 PM in Department 2, Kristin S. Escalante, Presiding; Hearing on Motion for Terminating Sanctions - Held

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  • 11/27/2019
  • DocketMinute Order ( (Hearing on Motion for Terminating Sanctions)); Filed by Clerk

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  • 10/31/2019
  • DocketNotice of Motion for Terminating Sanctions for Plaintiff's Violation of a Court order for Failure to Provide Further Responses to Interrogatories and Demands for Production of Documents and for Costs; Filed by Massoud Gafouri (Defendant)

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  • 10/16/2019
  • DocketNotice of Ruling; Filed by Massoud Gafouri (Defendant)

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  • 10/07/2019
  • Docketat 08:30 AM in Department 2, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal - Not Held - Vacated by Court

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  • 09/26/2019
  • Docketat 08:30 AM in Department 2, Kristin S. Escalante, Presiding; Hearing on Ex Parte Application (Take Judicial Notice Requests For Reasonable Accomodations Are Confidential For Ex-Parte Relief Notice Of Motion) - Held

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  • 09/26/2019
  • DocketMinute Order ( (Hearing on Self-Represented Plaintiff's Ex Parte Application:...)); Filed by Clerk

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  • 09/26/2019
  • DocketOpposition (Opposition to Plaintiff's Ex Parte Application); Filed by Massoud Gafouri (Defendant)

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70 More Docket Entries
  • 03/06/2017
  • DocketAnswer; Filed by Massoud Gafouri (Defendant); Qayum Gafouri (Defendant)

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  • 01/19/2017
  • DocketProof-Service/Summons; Filed by Carin Memmer (Plaintiff)

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  • 01/19/2017
  • DocketProof-Service/Summons; Filed by Carin Memmer (Plaintiff)

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  • 01/19/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/19/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/19/2017
  • DocketProof-Service/Summons; Filed by Carin Memmer (Plaintiff)

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  • 01/19/2017
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 10/06/2016
  • DocketSUMMONS

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  • 10/06/2016
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 10/06/2016
  • DocketComplaint; Filed by Carin Memmer (Plaintiff)

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Tentative Rulings

Case Number: BC636026    Hearing Date: November 27, 2019    Dept: 2

MEMMER v. MIDTOWN CARPET COMPANY, et al.

Defendant Massoud Gafouri’s Motion for Terminating Sanctions, filed on 10/31/2019, is DENIED without prejudice. The Court imposes monetary sanctions on Plaintiff in the amount of $560. Plaintiff is admonished that ongoing failure to comply with Court orders will result in further sanctions, up to and including evidentiary, issue or terminating sanctions.

On August 1, 2019, Defendant filed two motions to compel responses to Defendant’s supplemental interrogatories and supplemental demand for production of documents, set one and defendant’s special interrogatories and demand for production, set two. The motions were heard and granted. Plaintiff was ordered to serve her verified responses, without objection, within 30 days. The due date was October 3, 2019.

The Court subsequently granted Plaintiff an additional extension to October 17, 2019 to respond to the Supplemental Demand for Production of Documents for Inspection and Copying, Set Number One. The deadline for plaintiff’s response to defendant’s Special Interrogatories, Set Number Two and Supplemental Interrogatories, Set Number One, remained October 3, 2019.

On October 3, 2019, Plaintiff emailed an unsigned and unverified set of responses to Defendant’s Special Interrogatories, Set Number Two. The responses did not contain a response to special interrogatory number six. No responses to defendant’s supplemental interrogatories, set number one, were provided. Defendant was subsequently provided with documentation that Plaintiff was excused from work due to a medical issue until October 19, 2019.

On October 31, 2019, Defendant filed this motion for terminating sanctions. No opposition has been filed.

The Court is troubled by Plaintiff’s failure to comply with the Court’s orders in a timely fashion. However, “terminating sanctions are to be used sparingly because of the drastic effect of their application.” Department of Forestry & Fire Protection v. Howell (2017) 18 Cal. App. 5th 154, 191-92. Sanctions are generally imposed in an incremental approach, with terminating sanctions being the last resort.

Here, although Plaintiff has not complied with the Court’s order, she has made some progress toward compliance. Further, the documentation that Plaintiff provided to defense counsel supports the conclusion that compliance was interrupted for medical reasons. Thus, although Plaintiff’s behavior is unacceptable, the Court does not conclude that terminating sanctions are justified at this juncture.

The Court does find that monetary sanctions are justified and imposes further monetary sanctions in the amount of $560. Issue and evidentiary sanctions have not been sought, so the Court does not impose any such sanctions.

Plaintiff is admonished that she must comply with the Court’s previous orders, including providing signed verifications. If Plaintiff fails to comply within the next 30 days, Defendant may renew the motion for sanctions.

Moving party is ordered to give notice.