JOSEPH PEREZ VS SOBA OUTPATIENT AND RECOVERY LLC
Case Summary
On 12/08/2016 JOSEPH PEREZ filed a Personal Injury - Other Personal Injury lawsuit against SOBA OUTPATIENT AND RECOVERY LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.
Case Details
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Case Number:
****3112
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Filing Date:
12/08/2016
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judge
JON R. TAKASUGI
Party Details
Plaintiff and Petitioner
PEREZ JOSEPH
Defendants and Respondents
SOBA OUTPATIENT AND RECOVERY LLC
DOES 1 TO 10
PACIFIC PARTNERS GROUP
Attorney/Law Firm Details
Plaintiff and Petitioner Attorneys
SCHWARCZ DAVID R. ESQ.
GEOULLA DANIEL D. ESQ.
SCHWARZ RIMBERG BOYD & RADER LLP
Defendant Attorney
CRUZ EDGAR
Court Documents
1/10/2018: DEFENDANT, SOBALIVING, LLC'S NOTICE OF CONTINUANCE OF HEARING ON ITS MOTIONS TO COMPEL PLAINTIFF, JOSEPH PEREZ'S RESPONSES TO FORM INTERROGATORIES, SET ONE, SPECIAL INTERROGATORIES, SET ONE, REQUEST F
6/26/2018: STIPULATION ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES
7/12/2018: Amended Complaint
10/12/2018: Minute Order
10/12/2018: Ex Parte Application
3/13/2019: Amendment to Complaint (Fictitious/Incorrect Name)
3/21/2019: Declaration
3/27/2019: Ex Parte Application
4/5/2019: Response
12/8/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
1/9/2017: DEFENDANT, SOBA LIVING, LLC DBA SOBA RECOVERY CENTER ERRONEOUSLY NAMED AS DEFENDANT, SOBA OUTPATIENT AND RECOVERY, LLC'S ANSWER TO PLAINTIFF, JOSEPH PEREZ'S COMPLAINT
3/24/2017: NOTICE OF ERRATA TO PLAINTIFF'S COMPLAINT FOR GENERAL NEGLIGENCE AND PREMISES LIABILITY
5/10/2017: DEFENDANT, SOBA LIVING, LLC DBA SOBA RECOVERY CENTER'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, JOSEPH PEREZ'S SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION, SET ONE (1) REQUEST FOR SANCTI
5/10/2017: DEFENDANT, SOBA LIVING, LLC DBA SOBA RECOVERY CENTER'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, JOSEPH PEREZ'S SUPPLEMENTAL RESPONSES TO FORM INTERROGATORIES, SET ONE (1) SPECIAL INTERROGATORI
6/21/2017: Substitution of Attorney
6/26/2017: NOTICE OF RULING
8/3/2017: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS
11/6/2017: DECLARATION OF EDGAR CRUZ, ESQ. IN SUPPORT OF DEFENDANT, SOBA OUTPATIENT AND RECOVERY, LLC DBA SOBA RECOVERY CENTER'S MOTION TO COMPEL PLAINTIFF, JOSEPH PEREZ'S FURTHER RESPONSES TO DISCOVERY
Docket Entries
- 05/30/2019
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at 10:00 AM in Department 3, Jon R. Takasugi, Presiding; Final Status Conference - Not Held - Continued - Party's Motion
- 04/18/2019
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at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Continued - Court's Motion
- 04/18/2019
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at 1:30 PM in Department 3, Jon R. Takasugi, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Continued - Court's Motion
- 04/18/2019
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Minute Order ( (Hearing on Motion to Compel Discovery (not "Further Discovery"))); Filed by Clerk
- 04/11/2019
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Reply (Defendant Soba Living Llc Dba Soba Recovery Centers Notice Of Reply To Plaintiff Joseph Perezs Opposition To Its Motion To Compel Further Responses); Filed by Soba Outpatient and Recovery, LLC (Defendant)
- 04/05/2019
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Opposition (Plaintiff's Opposition to Defendant's Motion to Compel Further Responses to Supplemental Interrogatories); Filed by Joseph Perez (Plaintiff)
- 04/05/2019
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Response (Plaintiff's Response to Defendant's Separate Statement of Discovery Items); Filed by Joseph Perez (Plaintiff)
- 03/27/2019
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at 08:30 AM in Department 3, Jon R. Takasugi, Presiding; Hearing on Ex Parte Application (to continue trial and all trial related dates) - Held - Motion Granted
- 03/27/2019
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Ex Parte Application (Defendant, Sobaliving, Llc Dba Soba Recovery Centers Ex Parte Application To Continue Trial And All Trial Related Dates); Filed by Soba Outpatient and Recovery, LLC (Defendant)
- 03/27/2019
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Order ([Proposed] Order Concerning Defendant, Sobaliving, Llc Dba Soba Recovery Centers Ex Parte Application To Continue Trial); Filed by Soba Outpatient and Recovery, LLC (Defendant)
- 03/24/2017
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NOTICE OF ERRATA TO PLAINTIFF'S COMPLAINT FOR GENERAL NEGLIGENCE AND PREMISES LIABILITY
- 01/09/2017
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Answer; Filed by Soba Outpatient and Recovery, LLC (Defendant)
- 01/09/2017
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DEFENDANT, SOBA LIVING, LLC DBA SOBA RECOVERY CENTER ERRONEOUSLY NAMED AS DEFENDANT, SOBA OUTPATIENT AND RECOVERY, LLC'S ANSWER TO PLAINTIFF, JOSEPH PEREZ'S COMPLAINT
- 01/09/2017
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DEFENDANT, SODA LIVING, LLC DBA SOBA RECOVERY CENTER ERRONEOUSLY NAMED AS DEFENDANT, SOBA OUTPATIENT AND RECOVERY, LLC'S DEMAND FOR JURY TRIAL
- 01/09/2017
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Demand for Jury Trial; Filed by Soba Outpatient and Recovery, LLC (Defendant)
- 12/21/2016
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Proof of Service (not Summons and Complaint); Filed by Joseph Perez (Plaintiff)
- 12/21/2016
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PROOF OF SERVICE SUMMONS
- 12/08/2016
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COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
- 12/08/2016
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SUMMONS
- 12/08/2016
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Complaint; Filed by Joseph Perez (Plaintiff)
Tentative Rulings
Case Number: BC643112 Hearing Date: January 10, 2020 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
JOSEPH PEREZ, Plaintiff(s), vs. SOBA OUTPATIENT AND RECOVERY, LLC, ET AL., Defendant(s). | ) ) ) ) ) ) ) ) ) ) ) | Case No.: BC643112 [TENTATIVE] ORDER CONTINUING HEARING ON MOTION TO DEEM RFAS ADMITTED Dept. 3 1:30 p.m. January 10, 2020 |
Plaintiff propounded RFAs, Set Two on Defendant on 6/20/19. On 11/12/19, after several meet and confer attempts, Defendant served unverified responses to the RFAs. Plaintiff’s attorney declares, “On November 12, 2019, Plaintiff received Defendant’s responses to the discovery, albeit Defendant’s Responses to Requests for Admissions were missing. Moreover, the responses provided thus far remain unverified.”
The Court is not clear on what Plaintiff’s attorney’s declaration means. RFAs, Set Two are the only discovery mentioned in his declaration. The Court does not know how Plaintiff could have been received responses and also had responses be missing. Additionally, any responses that were served are not attached. The Court, therefore, cannot determine whether the responses consisted merely of objections or were substantive in nature. To the extent the responses consisted merely of objections, no verifications were necessary. See Blue Ridge Ins. Co. v. Superior Court (1988) 202 Cal.App.3d 339, 344-345.
The hearing on the motion to deem RFAs admitted is continued two weeks, to January 28, 2020 at 10:00 a.m. to be heard concurrently with the Final Status Conference. The Court notes that trial is scheduled for 2/11/20, and Defendant has filed motions in limine in connection with the trial date.
The parties are ordered to file supplemental briefs concerning the status of the RFAs and any request for sanctions on or before Tuesday, 1/21/20, with courtesy copies delivered directly to the department. Plaintiff must provide a copy of any responses received and/or a more detailed description of what was received. If Defendant wishes to avoid an order deeming the admissions admitted, Defendant must file and serve a brief and/or evidence concerning responses served.
Plaintiff is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the court at sscdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.
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