On 08/29/2016 DARNELL EASLEY filed a Personal Injury - Uninsured Motor Vehicle lawsuit against WENDY SHUSTER. 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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08/29/2016
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
STEPHEN I. GOORVITCH
EASLEY DARNELL
WALKER SHELITA
SHUSTER WENDY
DOES 1 TO 100
LAW OFFICE OF BENJAMIN P. WASSERMAN
WASSERMAN BENJAMIN P.
BARRESI JASON A.
2/13/2018: Minute Order
5/2/2018: NOTICE OF REJECTION APPLICATION AND ORDER FOR PUBLICATION
5/15/2018: Minute Order
8/1/2018: DECLARATION OF ATTORNEY BENJAMIN P. WASSERMAN IN SUPPORT OF REQUEST FOR PUBLICATION OF SUMMONS AND COMPLAINT
8/1/2018: APPLICATION FOR PUBLICATION
8/1/2018: DECLARATION OF ATTORNEY BENJAMIN P. WASSERMAN RE: ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO SERVE AND SANCTIONS
9/11/2018: Minute Order
9/20/2018: Unknown
10/12/2018: Unknown
10/30/2018: Minute Order
2/7/2019: Declaration
3/25/2019: Order for Publication
3/28/2019: Minute Order
4/26/2019: Demand for Jury Trial
4/26/2019: Answer
5/22/2019: Notice of Change of Address or Other Contact Information
8/29/2016: SUMMONS
8/29/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Notice of Change of Address or Other Contact Information; Filed by Wendy Shuster (Defendant)
Proof of Publication; Filed by Darnell Easley (Plaintiff)
Answer; Filed by Wendy Shuster (Defendant)
Demand for Jury Trial; Filed by Wendy Shuster (Defendant)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal for failure to enter default / alternatively Trial Setting Conference) - Not Held - Continued - Party's Motion
Minute Order ( (Legacy Event Type : OSC RE Dismissal for failure to enter def...)); Filed by Clerk
Order for Publication (re: Wendy); Filed by Darnell Easley (Plaintiff); Shelita Walker (Plaintiff)
Application for Order to Publish (re: Wendy); Filed by Darnell Easley (Plaintiff); Shelita Walker (Plaintiff)
Declaration (Declaration in Support of Request to Publish); Filed by Darnell Easley (Plaintiff); Shelita Walker (Plaintiff)
at 08:30 AM in Department 5, Stephen I. Goorvitch, Presiding; (OSC RE Dismissal for failure to enter default / alternatively Trial Setting Conference) - Not Held - Continued - Court's Motion
Defendant's Claim and Order to Go to Small Claims Court (Small Claims) First
Summons; Filed by Darnell Easley (Plaintiff)
at 08:30 AM in Department 97; Unknown Event Type - Not Held - Advanced and Vacated
Minute order entered: 2018-02-23 00:00:00; Filed by Clerk
at 10:00 AM in Department 97; Final Status Conference (Final Status Conference; Off Calendar) -
Minute Order
Minute order entered: 2018-02-13 00:00:00; Filed by Clerk
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
SUMMONS
Complaint; Filed by Darnell Easley (Plaintiff); Shelita Walker (Plaintiff)
Case Number: BC632043 Hearing Date: January 24, 2020 Dept: 32
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darnell easley, et al., Plaintiffs, v.
wendy shuster,
Defendant. |
Case No.: BC632043
Hearing Date: January 24, 2020
[TENTATIVE] order RE: motions for terminating sanctions
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Defendant Wendy Shuster (“Defendant”) moves to dismiss the complaint of Plaintiffs Shelita Walker and Darnell Easley (“Plaintiffs”) as a terminating sanction. 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 striking a party’s pleading. (Code Civ. Proc., § 2023.030, subd. (d)(1).)
In its order of October 23, 2019, the Court ordered Plaintiffs to serve verified responses to form interrogatories, special interrogatories, and requests for production of documents within 30 days of notice of the order. Defendant served Plaintiffs with notice of the ruling by mail on October 24, 2019. Plaintiffs thus had until December 2, 2019 to serve responses in compliance with this Court’s order. As of the filing date of these motions, Plaintiffs have not served responses to the discovery. Plaintiffs have not opposed the motions, and there is nothing in the record to suggest that they have complied with their discovery obligations. The Court finds the violation to be willful. The Court has considered imposing lesser sanctions but none would compel compliance with the Court’s prior orders. Therefore, the Court grants the motions for terminating sanctions. The Court declines to impose additional monetary sanctions, as they would be fruitless.
CONCLUSION AND ORDER
Defendant’s motions for terminating sanctions are granted. Plaintiffs’ complaint against Defendant is dismissed with prejudice. Defendant shall provide notice and file proof of such with the Court.
DATED: January 24, 2020 ___________________________
Stephen I. Goorvitch
Judge of the Superior Court