This case was last updated from Los Angeles County Superior Courts on 06/17/2019 at 13:17:27 (UTC).

DEBORAH PALMER VS KENNETH EASON ET AL

Case Summary

On 08/24/2016 DEBORAH PALMER filed a Personal Injury - Motor Vehicle lawsuit against KENNETH EASON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE and AMY D. HOGUE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1545

  • Filing Date:

    08/24/2016

  • 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

LAURA A. SEIGLE

AMY D. HOGUE

 

Party Details

Plaintiff and Petitioner

PALMER DEBORAH

Defendants and Respondents

DOES 1 TO 20

EASON KENNETH

PARKWAY MOTORCARS VALENCIA INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

LAW OFFICES OF BRENT A. DUQUE

Defendant Attorney

ELLROD ANTHONY JAMES ESQ.

 

Court Documents

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

1/11/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91, 92, 93, 97 )

1/11/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91, 92, 93, 97 )

DECLARATION OF PROOF OF SERVICE

6/12/2018: DECLARATION OF PROOF OF SERVICE

ORDER REGARDING PLAINTIFFS EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

8/13/2018: ORDER REGARDING PLAINTIFFS EX PARTE APPLICATION TO CONTINUE TRIAL AND ALL RELATED DATES

Motion to Be Relieved as Counsel

9/25/2018: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

9/25/2018: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Order

10/23/2018: Order

Ex Parte Application

10/23/2018: Ex Parte Application

Ex Parte Application

2/4/2019: Ex Parte Application

Notice of Ruling

2/11/2019: Notice of Ruling

Motion to Compel Discovery

3/11/2019: Motion to Compel Discovery

Motion to Compel Discovery

3/11/2019: Motion to Compel Discovery

Minute Order

4/5/2019: Minute Order

Minute Order

6/11/2019: Minute Order

Notice of Ruling

6/12/2019: Notice of Ruling

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

8/24/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

8/24/2016: SUMMONS

ANSWER OF DEFENDANTS KENNETH EASON AND PARKWAY MOTORCARS VALENCIA, INC. TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

9/20/2016: ANSWER OF DEFENDANTS KENNETH EASON AND PARKWAY MOTORCARS VALENCIA, INC. TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

18 More Documents Available

 

Docket Entries

  • 06/12/2019
  • at 10:00 AM in Department 4B, Laura A. Seigle, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 06/12/2019
  • Notice of Ruling; Filed by Kenneth Eason (Defendant); Parkway Motorcars Valencia, Inc. (Defendant)

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  • 06/11/2019
  • at 08:30 AM in Department 4B, Laura A. Seigle, Presiding; Hearing on Ex Parte Application (to Continue Trial;) - Held - Motion Granted

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  • 06/11/2019
  • Minute Order ( (Hearing on Ex Parte Application to Continue Trial;)); Filed by Clerk

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  • 06/11/2019
  • Ex Parte Application (to Continue Trial;); Filed by Kenneth Eason (Defendant); Parkway Motorcars Valencia, Inc. (Defendant)

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  • 04/05/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Deem Request for Admissions Admitted - Held - Motion Granted

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  • 04/05/2019
  • at 1:30 PM in Department 4B, Laura A. Seigle, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") (Response (Without Objection) to Special Interrogatories, Set Two) - Held - Motion Granted

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  • 04/05/2019
  • Minute Order ( (Hearing on Motion to Compel Discovery (not "Further Discovery...)); Filed by Clerk

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  • 04/05/2019
  • Order Appointing Court Approved Reporter as Official Reporter Pro Tempore ((Gail Peeples, CSR 11458)); Filed by Deborah Palmer (Plaintiff)

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  • 03/11/2019
  • Motion to Compel Responses, Without Objections, to Special Interrogatories, Set Two, Propounded on Plaintiff and Request for monetary Sanctions in the Amount of $1,260.00; Filed by Kenneth Eason (Defendant); Parkway Motorcars Valencia, Inc. (Defendant)

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41 More Docket Entries
  • 02/26/2018
  • at 08:30 AM in Department 98; Jury Trial (Jury Trial; Continued by Stipulation) -

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  • 02/07/2018
  • at 10:00 AM in Department 98; Final Status Conference (Final Status Conference; Continued by Stipulation) -

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  • 01/11/2018
  • ORDER AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (DEPARTMENT 91, 92, 93, 97 )

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  • 01/11/2018
  • ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

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  • 01/11/2018
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Deborah Palmer (Plaintiff)

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  • 09/20/2016
  • Answer; Filed by Kenneth Eason (Defendant); Parkway Motorcars Valencia, Inc. (Defendant)

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  • 09/20/2016
  • ANSWER OF DEFENDANTS KENNETH EASON AND PARKWAY MOTORCARS VALENCIA, INC. TO PLAINTIFF'S COMPLAINT; DEMAND FOR JURY TRIAL

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  • 08/24/2016
  • SUMMONS

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  • 08/24/2016
  • Complaint; Filed by Deborah Palmer (Plaintiff)

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  • 08/24/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC631545    Hearing Date: February 25, 2020    Dept: 27

[TENTATIVE] ORDER RE: MOTION FOR TERMINATING SANCTIONS

On August 24, 2016, plaintiff Deborah Palmer filed this action against defendants Kenneth Eason (“Eason”) and Parkway Motorcars Valencia, Inc. (“Parkway”) (collectively, “Defendants”) for injuries sustained in a motor vehicle accident. Parkway is a car dealership and Plaintiff was on a test drive as Eason’s passenger when Eason lost control rounding a curve.

On April 5, 2019, the Court granted Defendants’ motions to compel discovery responses and deem RFAs admitted. The Court ordered Plaintiff to provide discovery responses. Plaintiff subsequently served responses but did not include verifications. Defendants brought a second round of motions to compel and a motion for terminating sanctions. On July 19, 2019, the Court denied the motion for terminating sanctions and ordered Plaintiff to serve signed verifications by August 16, 2019. The Court stated the denial was without prejudice to Defendant filing another motion for terminating sanctions if Plaintiff failed to comply with the order. Defendants served a notice of ruling on Plaintiff on July 22, 2019, along with the verification forms for Plaintiff’s signature.

Defendants state Plaintiff has not served the verifications. Defendants move for terminating sanctions and request $1,060.00 in sanctions. Plaintiff did not file an opposition.

Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” (Code Civ. Proc., §§ 2030.290, subd. (c), 2023.010, subd. (c); R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495.) The Court may impose a terminating sanction against anyone engaging in conduct that is a misuse of the discovery process. (Code Civ. Proc., § 2023.030, subd. (d).) Misuse of the discovery process includes failure to respond to an authorized method of discovery or disobeying a court order to provide discovery. (Code Civ. Proc., § 2023.010, subds. (d), (g).) A terminating sanction may be imposed by an order dismissing part or all of the action. (Code Civ. Proc., § 2023.030, subd. (d)(3).)

The court should consider the totality of the circumstances, including conduct of the party to determine if the actions were willful, the determent to the propounding party, and the number of formal and informal attempts to obtain discovery. (Lang v. Hochman (2000) 77 Cal.App.4th 1225, 1246.) If a lesser sanction fails to curb abuse, a greater sanction is warranted. (Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) However, “the unsuccessful imposition of a lesser sanction is not an absolute prerequisite to the utilization of the ultimate sanction.” (Deyo v. Killbourne (1978) 84 Cal.App.3d 771, 787.) Terminating sanctions should not be ordered lightly, but are justified where a violation is willful, preceded by a history of abuse, and there is evidence that less severe sanctions would not produce compliance with the discovery rules. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992.)

Before any sanctions may be imposed the court must make an express finding that there has been a willful failure of the party to serve the required answers. (Fairfield v. Superior Court for Los Angeles County (1966) 246 Cal.App.2d 113, 118.) Lack of diligence may be deemed willful where the party understood its obligation, had the ability to comply, and failed to comply. (Deyo, supra, 84 Cal.App.3d at p. 787; Fred Howland Co. v. Superior Court of Los Angeles County (1966) 244 Cal.App.2d 605, 610-611.) The party who failed to comply with discovery obligations has the burden of showing that the failure was not willful. (Deyo, supra, 84 Cal.App.3d at p. 788; Cornwall v. Santa Monica Dairy Co. (1977) 66 Cal.App.3d 250; Evid. Code, §§ 500, 605.)

Plaintiff filed no opposition to this motion, failed to serve verifications, and disobeyed two court order to do so. Based on the record summarized above, the Court concludes Plaintiff knew of her discovery obligations and knew of the court order compelling her compliance. Given Plaintiff’s prior failures to comply with discovery obligations and orders and apparent disinterest in prosecuting this action, the Court finds lesser sanctions would not curb the abuse.

Accordingly, Defendants’ Motion for terminating sanctions is GRANTED and Plaintiff’s action is hereby dismissed. As the Court is granting terminating sanctions it declines to also impose monetary sanctions.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative.