On 11/18/2016 CHRISTINE OLIVIA WARE filed a Personal Injury - Motor Vehicle lawsuit against SUNTREK INDUSTRIES INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN I. GOORVITCH. The case status is Pending - Other Pending.
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11/18/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
WARE CHRISTINE OLIVIA
SUNTREK INDUSTRIES INC.
DOES 1 TO 50
HEINE ETHAN GARRETT
GOLDSZER RONALD I. ESQ.
FENG IRVING ESQ.
4/26/2018: PROOF OF SERVICE SUMMONS
5/2/2018: DECLARATION OF RONALD I. GOLDSZER REGARDING STATUS OF SERVICE ON DEFENDANT; REQUEST TO VACATE FSC AND TRIAL DATE; REQUEST FOR OSC RE ANSWER/DEFAULT AND/OR CMC
5/24/2018: ANSWER TO COMPLAINT AND DEMAND FOR TRIAL BY JURY
5/24/2018: Unknown
7/26/2018: Minute Order
1/8/2019: Unknown
1/8/2019: Minute Order
2/1/2019: Motion to Compel
2/1/2019: Motion to Compel
2/1/2019: Motion to Compel
3/1/2019: Motion re:
3/1/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
4/3/2019: Minute Order
4/3/2019: Minute Order
4/4/2019: Minute Order
4/12/2019: Notice of Ruling
5/23/2019: Minute Order
5/24/2019: Notice of Ruling
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; Trial - Not Held - Advanced and Continued - by Court
at 10:00 AM in Department 5, Stephen I. Goorvitch, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court
Notice of Ruling; Filed by Suntrek Industries, Inc. (Defendant); Ethan Garrett Heine (Defendant)
at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses of Plaintiff Christine Olivia Ware to Requests for Production of Documents) - Held - Motion Granted
at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses of Plaintiff Christine Olivia Ware to Form Interrogatories) - Held - Motion Granted
at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses of Plaintiff Christine Olivia Ware to Special Interrogatories) - Held - Motion Granted
Minute Order ( (Hearing on Motion to Compel Responses of Plaintiff Christine ...)); Filed by Clerk
Notice of Ruling; Filed by Christine Olivia Ware (Plaintiff)
at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses of Plaintiff Christine Olivia Ware to Special Interrogatories) - Not Held - Advanced and Continued - by Court
at 1:30 PM in Department 5, Stephen I. Goorvitch, Presiding; Hearing on Motion to Compel (Responses of Plaintiff Christine Olivia Ware to Requests for Production of Documents) - Not Held - Advanced and Continued - by Court
at 10:00 AM in Department 5; Final Status Conference (Final Status Conference; Court makes order) -
Minute Order
Minute order entered: 2018-05-04 00:00:00; Filed by Clerk
DECLARATION OF RONALD I. GOLDSZER REGARDING STATUS OF SERVICE ON DEFENDANT; REQUEST TO VACATE FSC AND TRIAL DATE; REQUEST FOR OSC RE ANSWER/DEFAULT AND/OR CMC
Declaration; Filed by Christine Olivia Ware (Plaintiff)
Proof-Service/Summons; Filed by Christine Olivia Ware (Plaintiff)
PROOF OF SERVICE SUMMONS
SUMMONS
Complaint; Filed by Christine Olivia Ware (Plaintiff)
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC641368 Hearing Date: December 06, 2019 Dept: 5
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christine olivia Ware,
Plaintiff, v.
Suntrek Industries, inc., et al.,
Defendants.
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Case No.: BC641368
Hearing Date: October 23, 2019
[TENTATIVE] order RE: defendantS’ motion for terminating sanctions
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Defendants Ethan Garrett Heinke and Suntrek Industries (“Defendants”) move for terminating sanctions against Plaintiff Christine Olivia Ware (“Plaintiff”). The Court has discretion to impose terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2030.290, subd. (c).) The Court may impose a terminating sanction by dismissing the party’s action. (Code Civ. Proc., § 2023.030, subd. (d).)
In its order of May 23, 2019, the Court ordered Plaintiff to respond to Defendants’ form interrogatories, special interrogatories, and request for production of documents within 30 days of notice of the order. Defendants served Plaintiffs with notice via regular mail on May 24, 2019, but the notice was sent to Ronald I. Goldszer, Esq. This notice was not sufficient as the Court granted Mr. Goldszer’s motion to be relieved on April 3, 2019, and he was relieved when he provided notice of the Court’s order on April 10, 2019.
The Court continues this motion to December 6, 2019, at 1:30 p.m. Assuming Defendants serve the Court’s order of May 23, 2019 upon Plaintiff and file proof of service with the Court, if Plaintiff does not oppose the motion or otherwise demonstrate compliance with the Court’s order of May 23, 2019, the Court’s tentative order is to grant this motion. Any party who does not appear at the hearing shall waive their right to be heard and shall submit to any decision of the Court on this motion.
Conclusion and Order
Defendants’ motion for terminating sanctions is continued to December 6, 2019, at 1:30 p.m. The Court’s tentative decision is to grant the motion and dismiss this case. Defendants shall provide notice and file proof of such with the Court.
DATED: December 6, 2019 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court