This case was last updated from Los Angeles County Superior Courts on 11/10/2021 at 07:03:22 (UTC).

LORENA BELMAN VS. GARCIA AND GALLARZO PROPERTY H0LDINGS, LLC

Case Summary

On 10/21/2016 LORENA BELMAN filed a Labor - Wrongful Termination lawsuit against GARCIA AND GALLARZO PROPERTY H0LDINGS, LLC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARGARET M. BERNAL, RAUL A. SAHAGUN, LORI ANN FOURNIER, MARGARET MILLER BERNAL and PATRICK T. MEYERS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5875

  • Filing Date:

    10/21/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Wrongful Termination

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARGARET M. BERNAL

RAUL A. SAHAGUN

LORI ANN FOURNIER

MARGARET MILLER BERNAL

PATRICK T. MEYERS

 

Party Details

Cross Defendants, Plaintiffs and Cross Plaintiffs

BELMAN LORENA

GARCIA MARIELA

A MI HACIENDA RESTAURANT

GARCIA JUAN ERAZMO

CABRERA GIZZELLE

CABRERA. GIZZELLE

GARCIA JESUS ERASMO

GARCIA AND GALLARZO PROPERTY

Defendants and Cross Defendants

KAISER FOUNDATION HEALTH PLAN INC. DOE 1

KAISER FOUNDATION HOSPITAL INC. (DOE 1)

SOUTHERN CALIFORNIA PERMANENTE MEDICAL

LOS BAGRES CORPORATION (DOE 4)

GARCIA MARIELA

GIZZELLE CABRERA.

GARCIA JUAN ERAZMO

CABRERA GIZZELLE

CABRERA. GIZZELLE

KAISER FOUNDATION HOSPITAL INC. DOE 1

GALLARZO ARMANDO

LOS BAGRES CORPORATION DOE 4

GARCIA MARIELA ISELA

LOS BAGRES CORPORATION DBA A MI HACIENDA

GARCIA ANDRES

GARCIA JESUS ERASMO

GARCIA AND GALLARZO PROPERTY

GARCIA JUAN ERASMO

15 More Parties Available

Attorney/Law Firm Details

Cross Defendant, Plaintiff and Cross Plaintiff Attorneys

DONAHUE TIMOTHY JOSEPH

DONAHUE TIMOTHY LAW OFFICES OF

WHITE CLIFFORD LOUIS

LOPEZ DIANA LAW OFFICES OF

MYERS NICHOLAS

THE MYERS LAW GROUP

VEGA MARIO DAVID

Cross Plaintiff and Defendant Attorneys

WHITE CLIFFORD LOUIS

LOPEZ DIANA LAW OFFICES OF

MYERS NICHOLAS

THE MYERS LAW GROUP

CISNEROS IVAN U

FLORES ALDO ARTURO

RUIZ LOUIE ANTHONY

VEGA & RIVERA LLP

YANG PROFESSIONAL LAW CORPORATION

YANG REY SHUNG

FLORES LAW APLC

 

Court Documents

Notice - NOTICE NOTICE OF RULING

10/13/2021: Notice - NOTICE NOTICE OF RULING

Notice of Change of Address or Other Contact Information

10/21/2021: Notice of Change of Address or Other Contact Information

Declaration - DECLARATION OF LOUIE A RUIZ IN SUPPORT OF THE MORION IN LIMINE NO. 3

9/7/2021: Declaration - DECLARATION OF LOUIE A RUIZ IN SUPPORT OF THE MORION IN LIMINE NO. 3

Motion in Limine - MOTION IN LIMINE DEFENDANTS' NOTICE AND MOTION IN LIMINE NO. 3 EXCLUDE EVIDENCE OF SETTLEMENT COMMUNICATIONS

9/7/2021: Motion in Limine - MOTION IN LIMINE DEFENDANTS' NOTICE AND MOTION IN LIMINE NO. 3 EXCLUDE EVIDENCE OF SETTLEMENT COMMUNICATIONS

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

9/8/2021: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Proof of Service (not Summons and Complaint)

6/21/2021: Proof of Service (not Summons and Complaint)

Declaration - DECLARATION [AMENDED] DECLARATION OF MICHAEL M. KOWSARI IN SUPPORT OF MOTION TO CORRECT COURTS ORDER OF APRIL 15, 2019

6/21/2021: Declaration - DECLARATION [AMENDED] DECLARATION OF MICHAEL M. KOWSARI IN SUPPORT OF MOTION TO CORRECT COURTS ORDER OF APRIL 15, 2019

Notice of Motion - NOTICE OF MOTION AMENDED NOTICE OF MOTION AND MOTION OF MARIELA I. GARCIA FOR TO CORRECT COURT'S ORDER OF APRIL 15, 2019

6/21/2021: Notice of Motion - NOTICE OF MOTION AMENDED NOTICE OF MOTION AND MOTION OF MARIELA I. GARCIA FOR TO CORRECT COURT'S ORDER OF APRIL 15, 2019

Opposition - OPPOSITION OF PLAINTIFF TO MOTION TO VACATE DEFAULT; P&A; DECLARATION OF TIMOTHY DONAHUE;

7/8/2021: Opposition - OPPOSITION OF PLAINTIFF TO MOTION TO VACATE DEFAULT; P&A; DECLARATION OF TIMOTHY DONAHUE;

Reply - REPLY OF MARIELA I GARCIA ISO MOTION TO CORRECT COURT'S ORDER OF 4/15/2019

7/14/2021: Reply - REPLY OF MARIELA I GARCIA ISO MOTION TO CORRECT COURT'S ORDER OF 4/15/2019

Declaration - DECLARATION OF ATTORNEY TIMOTHY DONAHUE CCP 473

7/20/2021: Declaration - DECLARATION OF ATTORNEY TIMOTHY DONAHUE CCP 473

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (HEARING HELD 7-21-21)

7/21/2021: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE (HEARING HELD 7-21-21)

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER 473(D) MOTION TO CORRECT)

7/21/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER 473(D) MOTION TO CORRECT)

Order - COURT RULING ON SUBMITTED MATTER (HEARING HELD 7-21-21)

7/22/2021: Order - COURT RULING ON SUBMITTED MATTER (HEARING HELD 7-21-21)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER FROM HEARING HELD JULY 21, 2021) OF 07/22/2021

7/22/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER FROM HEARING HELD JULY 21, 2021) OF 07/22/2021

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER FROM HEARING HELD JULY 21, 2021)

7/22/2021: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER FROM HEARING HELD JULY 21, 2021)

RETURNED MAIL

7/28/2021: RETURNED MAIL

Opposition - OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 1

8/30/2021: Opposition - OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 1

367 More Documents Available

 

Docket Entries

  • 02/14/2022
  • Hearing02/14/2022 at 09:30 AM in Department F at 12720 Norwalk Blvd., Norwalk, CA 90650; Jury Trial

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  • 10/21/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by GARCIA AND GALLARZO PROPERTY HOLDINGS, LLC (Defendant)

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  • 10/13/2021
  • DocketNotice (Notice of Ruling); Filed by LORENA BELMAN (Cross-Complainant)

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  • 09/22/2021
  • Docketat 09:30 AM in Department F; Jury Trial ((time estimate for trial is 10 days)) - Not Held - Continued - Stipulation

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  • 09/08/2021
  • Docketat 09:30 AM in Department F; Final Status Conference - Held

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  • 09/08/2021
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 09/07/2021
  • DocketDeclaration (of Louie A Ruiz in support of the morion in Limine No. 3); Filed by JUAN ERAZMO GARCIA (Defendant)

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  • 09/07/2021
  • DocketMotion in Limine (Defendants' Notice and Motion in Limine No. 3 Exclude Evidence of Settlement Communications); Filed by JUAN ERAZMO GARCIA (Defendant)

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  • 09/01/2021
  • DocketWitness List (- Amended); Filed by GARCIA AND GALLARZO PROPERTY HOLDINGS, LLC (Defendant); JUAN ERAZMO GARCIA (Defendant); LOS BAGRES CORPORATION (Defendant)

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  • 08/31/2021
  • DocketOpposition (to Plaintiff's Motion in Limine No. 7); Filed by JUAN ERAZMO GARCIA (Defendant)

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763 More Docket Entries
  • 10/28/2016
  • DocketAmendment to Complaint

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  • 10/28/2016
  • DocketAmendment to Complaint; Filed by Attorney for Plaintiff

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  • 10/28/2016
  • DocketAmendment to Complaint

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  • 10/28/2016
  • DocketAmendment to Complaint

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  • 10/21/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 10/21/2016
  • DocketSummons; Filed by Plaintiff

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  • 10/21/2016
  • DocketComplaint filed-Summons Issued; Filed by LORENA BELMAN (Plaintiff)

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  • 10/21/2016
  • DocketComplaint filed-Summons Issued; Filed by Attorney for Plaintiff

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  • 10/21/2016
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 10/21/2016
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: VC065875    Hearing Date: September 22, 2020    Dept: G

BELMAN v. GARCIA AND GALLARZO PROPERTY HOLDINGS, LLC, et al.

CASE NO.:  VC065875

HEARING:  9/22/19

JUDGE: JOHN A. TORRIBIO

#11

TENTATIVE ORDER

Defendants Los Bagres Corporation, Garcia & Gallarzo Property Holdings, LLC, and Garcia’s motion to reopen discovery to obtain an additional mental examination of Plaintiff is GRANTED. Plaintiff is ordered to appear at Defendants’ next properly noticed mental examination.

Moving Parties to give NOTICE.

Defendants Los Bagres Corporation, Garcia & Gallarzo Property Holdings, LLC, and Garcia (“Garcia Defendants”) move to reopen discovery to compel an additional mental examination of Plaintiff Belman pursuant to CCP § 2032.310(b).

Any party may obtain discovery, subject to the restrictions set forth in Chapter 5 (commencing with Section 2019.010), by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition of that party or other person is in controversy in the action. (CCP § 2032.020(a).) A party shall obtain leave of court to obtain a mental examination. (CCP § 2032.310(a).)

Such motion “shall specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination.” (CCP § 2032.310(b).) Upon a showing of good cause, an additional mental examination is allowed at this Court’s discretion. (Shapira v. Superior Court, (1990) 224 Cal.App.3d 1249, 1255-1256.)

Plaintiff alleges that she suffers from severe emotional distress and post traumatic stress disorder. As such, this court granted leave to conduct Plaintiff’s mental examination. However, Defendants’ expert, Dr. David Glaser, who previously conducted Plaintiff’s mental examination, recently died. (Ruiz Decl., ¶ 6.)

Therefore, the court finds good cause to compel an additional mental examination.

In opposition, Plaintiff contends that the instant request was made twice by Defendants, and were denied. However, those requests were made prior to Dr. Glaser’s death.

Plaintiff also objects to the request because Defendants signed a stipulation to designate Dr. Barbara Jean Justice as a replace Dr. David Glaser.

However, Defendants did not waive their right to seek an additional mental examination. The court finds that it is only reasonable to allow Dr. Justice to conduct an examination consistent with her professional practice and judgment.

Motion is GRANTED. Plaintiff is ordered to appear at Defendants’ next properly noticed mental examination.

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