MARICELA FIGUERA ET AL VS JUANITA DEL CARMEN MORALES ET AL
Case Summary
On 08/16/2016 MARICELA FIGUERA filed a Personal Injury - Motor Vehicle lawsuit against JUANITA DEL CARMEN MORALES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.
Case Details
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Case Number:
****0806
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Filing Date:
08/16/2016
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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
GEORGINA T. RIZK
Party Details
Plaintiffs and Petitioners
AYALA MERCEDES
ALVAREZ CRUZ
FIGUERA MARICELA
Defendants and Respondents
MORALES JUANITA DEL CARMEN
DOES
PACOIMA PLAZA SHOPPING CENTER LLC
PACOIMA PLAZA SHOPPING CENTER
LITTLE CAESAR ENTERPRISES INC. DOE 1
Attorney/Law Firm Details
Plaintiff and Petitioner Attorney
LAW OFFICES OF EVERARDO VARGAS VALENCIA
Defendant Attorneys
GETTY WILLIAM C.
HARRISON COLIN M.
GMELICH THOMAS PATRICK
Court Documents
1/30/2018: Minute Order
4/11/2018: Minute Order
7/17/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL
8/1/2018: Summons
8/2/2018: PROOF OF SERVICE SUMMONS
8/27/2018: PROOF OF SERVICE SUMMONS
8/31/2018: Unknown
10/9/2018: Minute Order
10/16/2018: Proof of Personal Service
11/28/2018: Answer
12/18/2018: Proof of Personal Service
12/20/2018: Proof of Service by Substituted Service
2/5/2019: Minute Order
8/16/2016: CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)
8/18/2016: Unknown
8/18/2016: Unknown
8/18/2016: Unknown
9/6/2016: AMENDMENT TO COMPLAINT
Docket Entries
- 02/05/2019
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at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Trial Setting Conference - Held
- 02/05/2019
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at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Status Conference (ReProof of Service as to Defendant, Juanita Del Carmen Morales) - Held
- 02/05/2019
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Minute Order ( (Status Conference Re: Proof of Service as to Defendant, Juani...)); Filed by Clerk
- 01/14/2019
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Answer; Filed by JUanita Del Carmen Morales (Defendant)
- 12/20/2018
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Proof of Service by Substituted Service; Filed by Cruz Alvarez (Plaintiff); Mercedes Ayala (Plaintiff); Maricela Figuera (Plaintiff)
- 12/18/2018
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at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; (OSC RE Dismissal) - Held
- 12/18/2018
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Minute Order ((Legacy Event Type : OSC RE Dismissal)); Filed by Clerk
- 12/18/2018
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Proof of Personal Service
- 12/13/2018
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Request for Dismissal; Filed by Pacoima Plaza Shopping Center, LLC (Defendant)
- 11/28/2018
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Answer (Answer of cross-defendant Juanita Del Carmen Morales to Pacoima Plaza Shopping Center, LLC's Cross Complaint); Filed by JUanita Del Carmen Morales (Defendant)
- 08/18/2016
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ORDER ON COURT FEE WAIVER
- 08/18/2016
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Order on Court Fee Waiver (Superior Court); Filed by Clerk
- 08/18/2016
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Order on Court Fee Waiver (Superior Court); Filed by Clerk
- 08/18/2016
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ORDER ON COURT FEE WAIVER
- 08/18/2016
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Order on Court Fee Waiver (Superior Court); Filed by Clerk
- 08/16/2016
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Request to Waive Court Fees; Filed by Plaintiff/Petitioner
- 08/16/2016
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Complaint; Filed by Cruz Alvarez (Plaintiff); Mercedes Ayala (Plaintiff); Maricela Figuera (Plaintiff)
- 08/16/2016
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Request to Waive Court Fees
- 08/16/2016
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Request to Waive Court Fees; Filed by Mercedes Ayala (Plaintiff)
- 08/16/2016
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CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)
Tentative Rulings
Case Number: BC630806 Hearing Date: January 08, 2020 Dept: 2
Figuera et al v. Del Carmen Morales et al.
Two Motions by Defendant, Juanita Del Carmen Morales, to Compel Plaintiffs’ Responses to Form Interrogatories, Set One; and Request for Production of Documents, Set One; Request for Sanctions are GRANTED in part and DENIED in part.
Within 20 days, Plaintiffs, Cruz Alvarez; Hector Pena, by and through his Guardian ad Litem, Mercedes Ayala; Mercedes Ayala; and Marciela Figuera, are ordered to provide verified responses without objection the Form Interrogatories, Set One and Request for Production of Documents, Set One. Cal Code Civil Procedure § 2030.290, § 2031.300.
Contrary to Defendant’s reply, Plaintiffs’ opposition was filed early on 11/15/19. It was due on 11/18/19, nine court days before the original hearing date of 12/2/19. Cal Code Civil Procedure § 1005(b).
Defendant served the foregoing discovery on 7/3/19. Motions, Ex. A. Plaintiffs have not responded despite Defendant’s attempts to meet and confer with Plaintiffs’ counsel. Declaration of Colin M. Harrison, ¶¶ 4-7, Ex, B.
Defendant’s request for imposition of sanctions is DENIED. To obtain sanctions, the requesting party must identify the person, party and attorney against whom the sanction is sought as well as the type of sanction sought in the notice of motion. Cal Code Civ Proc § 2023.040.
The notices for each motion refer to monetary sanctions in the caption, but the notices request only terminating sanctions, not monetary sanctions. The points and authorities refer only to terminating sanctions. Terminating sanctions are not warranted. Further, because insufficient notice was given, the Court declines to impose monetary sanctions.
Moving party is ordered to give notice.
Case Number: BC630806 Hearing Date: December 02, 2019 Dept: 2
On the court’s own motion, the hearing on the Motions to Compel Discovery Responses set for hearing on 12/2/19 is continued to 1/8/20 at 1:30 p.m. in Department SS-2. The due date for the opposition and reply is based on the original hearing date.
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