This case was last updated from Los Angeles County Superior Courts on 06/04/2019 at 03:05:23 (UTC).

PAULINE HUNTER VS EQUITY RESIDENTIAL MANAGEMENT LLC ET AL

Case Summary

On 01/14/2016 PAULINE HUNTER filed a Contract - Other Contract lawsuit against EQUITY RESIDENTIAL MANAGEMENT LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are SUZANNE G. BRUGUERA and MONICA BACHNER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7058

  • Filing Date:

    01/14/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

SUZANNE G. BRUGUERA

MONICA BACHNER

 

Party Details

Plaintiff and Petitioner

HUNTER PAULINE

Defendants and Respondents

EQUITY RESIDENTIAL MANAGEMENT LLC

DOES 1 TO 10

LAW OFFICES OF HOLLENBECK & CARDOSO LLP

HOLLENBECK LINDA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MOW LAW FIRM

MOW MARGARETTE MARIE

Defendant and Respondent Attorneys

HOLLENBECK LINDA TRACEY ESQ.

HOLLENBECK LINDA TRACEY

CLASSEN ROGER DEREK

 

Court Documents

REQUEST FOR JUDICIAL NOTICE BY DEFENDANTS, LINDA T. HOLLENBECK & HOLLENBECK & CARDOSO, LLP IN SUPPORT OF ITS SPECIAL MOTION TO STRIKE PLAINTIFF'S COMPLAINT

2/2/2018: REQUEST FOR JUDICIAL NOTICE BY DEFENDANTS, LINDA T. HOLLENBECK & HOLLENBECK & CARDOSO, LLP IN SUPPORT OF ITS SPECIAL MOTION TO STRIKE PLAINTIFF'S COMPLAINT

CASE MANAGEMENT STATEMENT

2/13/2018: CASE MANAGEMENT STATEMENT

DEFENDANTS LINDA HOLLEN BECK AND HOLLEN BECK & CARDOSO'S NOTICE OF MOTION AND MOTION TO STRIKE (ANTI-SLAPP) PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS & AUTHORITIES; DECLARATIONS OF LINDA T HOLLENBEC

2/26/2018: DEFENDANTS LINDA HOLLEN BECK AND HOLLEN BECK & CARDOSO'S NOTICE OF MOTION AND MOTION TO STRIKE (ANTI-SLAPP) PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS & AUTHORITIES; DECLARATIONS OF LINDA T HOLLENBEC

NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE; AND HOLLENBECK & CARODOSO, LLP'S & LINDA T, HOLLENBECK'S ANTI-SLAPP MOTION

3/29/2018: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE; AND HOLLENBECK & CARODOSO, LLP'S & LINDA T, HOLLENBECK'S ANTI-SLAPP MOTION

(UPDATED) CASE MANAGEMENT STATEMENT

5/15/2018: (UPDATED) CASE MANAGEMENT STATEMENT

PROOF OF SERVICE OF SUMMONS

1/21/2016: PROOF OF SERVICE OF SUMMONS

Minute Order

5/13/2016: Minute Order

Minute Order

6/21/2016: Minute Order

DECLARATION OF CHRISTOPHER PHILLIPS

8/19/2016: DECLARATION OF CHRISTOPHER PHILLIPS

Minute Order

9/21/2016: Minute Order

RULING

9/21/2016: RULING

NOTICE RE: CONTINUANCE OF HEARING

1/4/2017: NOTICE RE: CONTINUANCE OF HEARING

Minute Order

2/27/2017: Minute Order

Minute Order

2/28/2017: Minute Order

Unknown

3/14/2017: Unknown

PROOF OF SERVICE SUMMONS

5/16/2017: PROOF OF SERVICE SUMMONS

RULING DEFENDANTS LINDA HOLLENBECK AND LAW OFFICES OF HOLLENBECK & CARDOSO, LLP'S MOTION TO QUASH SERVICE OF THE SUMMONS AND COMPLAINT IS DENIED.

9/28/2017: RULING DEFENDANTS LINDA HOLLENBECK AND LAW OFFICES OF HOLLENBECK & CARDOSO, LLP'S MOTION TO QUASH SERVICE OF THE SUMMONS AND COMPLAINT IS DENIED.

Minute Order

11/7/2017: Minute Order

77 More Documents Available

 

Docket Entries

  • 05/23/2019
  • Motion for Terminating Sanctions; Filed by Equity Residential Management, LLC (Defendant)

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  • 04/23/2019
  • Answer (First Amended to Complaint); Filed by Equity Residential Management, LLC (Defendant)

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  • 04/23/2019
  • Notice of Ruling; Filed by Equity Residential Management, LLC (Defendant)

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  • 04/23/2019
  • Notice of Ruling; Filed by Equity Residential Management, LLC (Defendant)

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  • 04/22/2019
  • at 08:30 AM in Department 71, Monica Bachner, Presiding; Hearing on Ex Parte Application (to Specially Set the Hearing of Defendant Equity Residential Management, LLC's Motion to Compel Plaintiff's Deposition and to Continue the Trial Date; Request for Monetary Sanctions) - Held - Motion Granted

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  • 04/22/2019
  • at 08:30 AM in Department 71, Monica Bachner, Presiding; Hearing on Motion - Other (to Amend Answer to Complaint) - Held - Motion Granted

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  • 04/22/2019
  • Ruling; Filed by Clerk

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  • 04/22/2019
  • Minute Order ( (MOTION OF DEFENDANT, EQUITY RESIDENTIAL MANAGEMENT, LLC, FOR ...)); Filed by Clerk

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  • 04/19/2019
  • Ex Parte Application to Specially Set the Hearing of Defendant's Motion to Compel Plaintiff's Deposition and to Continue the Trial Date; Request for Monetary Sanctions; Filed by Equity Residential Management, LLC (Defendant)

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  • 02/26/2019
  • at 10:00 AM in Department 71, Monica Bachner, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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179 More Docket Entries
  • 02/10/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/21/2016
  • NOTICE OF RELATED CASE

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  • 01/21/2016
  • PROOF OF SERVICE OF SUMMONS

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  • 01/21/2016
  • PROOF OF SERVICE OF SUMMONS

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  • 01/21/2016
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 01/15/2016
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 01/15/2016
  • ORDER ON COURT FEE WAIVER

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  • 01/14/2016
  • Complaint; Filed by Pauline Hunter (Plaintiff)

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  • 01/14/2016
  • PLAINTIFF S VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF CAUSES OF ACTION FOR: 1. BREACH OF CONTRACT; ETC

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  • 01/14/2016
  • Request to Waive Court Fees; Filed by Pauline Hunter (Plaintiff)

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Tentative Rulings

Case Number: BC607058    Hearing Date: June 24, 2020    Dept: 71

Defendants Law Offices of Hollenbeck & Cardoso, LLP and Linda Hollenbeck’s unopposed motion for terminating sanctions is denied.

Hollenbeck Defendants’ unopposed request for monetary sanctions is denied.

Defendants Law Offices of Hollenbeck & Cardoso, LLP (“H&C”) and Linda Hollenbeck (“Hollenbeck”) (collectively, “Hollenbeck Defendants”) move for an order imposing terminating sanctions dismissing the complaint of Plaintiff Pauline Hunter (“Plaintiff”) for Plaintiff’s failure to appear at her court ordered deposition. Hollenbeck Defendants also request monetary sanctions against Plaintiff in the amount of $1,870. (Notice of Motion, pgs. 1-2; C.C.P. §§2023.010; 2023.030(c), 2025.450(a),(h).) [Note: Hollenbeck Defendants’ motion requests monetary sanctions in the amount of $1,921.26. (Motion, pg. 7.)]

By way of background, on May 23, 2019, Defendant Equity Residential Management, LLC (“ERM”) moved for terminating sanctions against Plaintiff on the grounds that Plaintiff failed to appear at her court ordered deposition, noticed by ERM. On September 3, 2019, the Court issued a ruling that continued the hearing on the motion until November 4, 2019. On November 4, 2019, the Court granted ERM’s motion for terminating sanctions, dismissing Plaintiff’s action against ERM. On February 5, 2020, Hollenbeck Defendants filed the instant motion for terminating sanctions, which is substantively identical to the motion filed by ERM. The Court notes that Hollenbeck Defendants submitted a Declaration of Hollenbeck in support of the instant motion that sets forth the same information as set forth in the Declaration of Derek Classen in support of ERM’s motion. While the paragraphs of the Hollenbeck declaration are not numbered, in citing to the declaration the Court will use standard numeration starting with “The initial trial date for the case was…” as paragraph No. 1. (See Decl. of Hollenbeck.)

On motion, if a party “fails to obey an order compelling attendance, testimony, and production, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction” as provided in Section 2030.010, et seq. (C.C.P. §2025.450(h).) The “court, after notice to any affected party, person, or attorney, and after an opportunity for hearing, may impose” monetary, issue, evidence, or terminating sanctions “against anyone engaging in conduct that is a misuse of the discovery process[.]” (C.C.P. §2023.030(a)-(d).) Failing to respond or submit to an authorized method of discovery and disobeying a court order to provide discovery are misuses of the discovery process. (C.C.P. §2033.010(d) and (g).)

Hollenbeck Defendants are not entitled to an order granting terminating sanctions. While Hollenbeck Defendants submitted evidence that Plaintiff failed to obey a Court order granted as to ERM, they have not submitted evidence that Plaintiff also misused the discovery process as to the Hollenbeck Defendants. Hollenbeck Defendants submitted no evidence suggesting they noticed Plaintiff’s deposition or were parties to the ex parte application to compel Plaintiff’s deposition, which the Court granted, and Plaintiff subsequently failed to obey. The submitted evidence all relates to ERM’s noticing of Plaintiff’s deposition, Plaintiff’s non-appearance, ERM’s subsequent motion to compel Plaintiff’s attendance, and Plaintiff’s failure to appear pursuant to Court order. (Decl. of Hollenbeck ¶¶2, 5-10, 13, 14; Exh. A, B, D, E, F; Court’s 4/22/19 Minute Order.) Hollenbeck Defendants cite to no authority suggesting they are entitled to terminating sanctions for Plaintiff’s misuse of the discovery process as to ERM, the defendant that noticed Plaintiff’s deposition and moved to compel her appearance. While the evidence suggests Hollenbeck was present at the April 17, 2019 deposition noticed by ERM, at which Plaintiff did not appear, her attendance alone does not entitle her and H&C to terminating sanctions against Plaintiff. (Decl. of Hollenbeck ¶11.)

In light of the Court’s ruling on the motion, Hollenbeck Defendants’ request for monetary sanctions against Plaintiff is denied. (Notice of Motion pg. 1; Motion, pg. 7.) Moreover, Hollenbeck Defendants’ request for monetary sanctions is unsupported given their failure to properly cite the hourly rate, the hours incurred in preparing the motion, and the total amount requested. (Decl. of Hollenbeck ¶15.)

Based on the foregoing, Hollenbeck Defendants’ motion for terminating sanctions is denied. Hollenbeck Defendants’ request for monetary sanctions is denied.

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