On 03/23/2018 ANTONIO VIEYRA SALINAS filed a Labor - Other Labor lawsuit against COMPTON CAR WASH INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.
****9366
03/23/2018
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELIZABETH ALLEN WHITE
SALINAS ANTONIO VIEYRA
DOES 1-25
AMINPOUR JOSEPH
COMPTON CAR WASH INC.
AMINPOUR ABRAHIM
DOES 1 THROUGH 25
AMINPOUR ABRAHIM AKA JOSEPH AMINPOUR AN INDIVIDUAL
AMINPOUR MICHAEL AKA MASOUD AMINPOUR
AMINPOUR YOOSEF AKA JOSEPH AMINPOUR
AMINPOUR AHARON
AMINPOUR DOE 1 AHARON
AMINPOUR DOE 3 MICHAEL AKA
AMINPOUR DOE 2 YOOSEF AKA
AMINPOUR ABRAHIM AKA JOSEPHN AMINPOUR
AMINPOUR DOE 2 YOOSEF AKA JOSEPH AMINPOUR
AMINPOUR DOE 3 MICHAEL AKA MASOUD AMINPOUR
TWOMEY J B. ESQ
J.B. TWOMEY LAW
JAIN LAW OFFICES
LAW J.B. TWOMEY
JAIN KUNAL
TWOMEY J. B.
BITTON OPHIR J. ESQ.
BITTON & ASSOCIATES
BITTON OPHIR J.
12/9/2019: Reply - REPLY PLAINTIFF ANTONIO VIEYRA SALINAS' REPLY IN SUPPORT OF HIS MOTION FOR ISSUE, EVIDENTIARY AND/OR MONETARY SANCTIONS, AGAINST DEFENDANTS FOR FAILURE TO COMPLY WITH COURT ORDER
12/2/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF ANTONIO VIEYRA SALINAS' MOTION FOR SANCT...)
11/19/2019: Declaration - DECLARATION DECLARATION OF JAMES L. HANGER III IN SUPPORT OF PLAINTIFF ANTONIO VIEYRA SALINAS MOTION TO COMPEL THE DIVISION OF LABOR STANDARDS ENFORCEMENT, DEPARTMENT OF INDUSTRIAL RELA
11/19/2019: Ex Parte Application - EX PARTE APPLICATION NOTICE AND EX PARTE APPLICATION FOR PLAINTIFF ANTONIO VIEYRA SALINAS MOTION TO COMPEL THE DIVISION OF LABOR STANDARDS ENFORCEMENT, DEPARTMENT OF INDUSTRIAL
11/4/2019: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER ADVANCING THE HEARING DATE ON PLAINTIFF ANTONIO VIEYRA SALINAS' MOTION FOR SANCTIONS, OR IN THE ALTERNATIVE AN ORDER CONTINUING TRIAL
11/4/2019: Request for Judicial Notice
11/12/2019: Opposition - OPPOSITION TO EX PARTE APPLICATION FOR ISSUE AND/OR MONETARY SANCTIONS AGAINST DEFENDANTS
11/1/2019: Proof of Personal Service
11/4/2019: Declaration in Support of Ex Parte Application
8/26/2019: Notice of Motion - NOTICE OF MOTION TO COMPEL DEPOSITION
9/12/2019: Minute Order - MINUTE ORDER (HEARING ON PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER ADVA...)
9/30/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER SETTING MANDATORY SETTLEMENT CONFERENCE (MSC)) OF 09/30/2019
10/11/2019: Notice - NOTICE OF COURT ORDER SETTING MANDATORY SETTLEMENT CONFERENCE
10/11/2019: Order - JOINT STIPULATION AND ORDER FOR DEPOSITION TESTIMONY OF DEFENDANT COMPTON CAR WASH, INC.'S PERSON MOST QUALIFIED AND PRODUCTION OF DOCUMENTS; CONTINUANCE OF TRIAL DATE
8/16/2018: CASE MANAGEMENT STATEMENT -
4/30/2018: PROOF OF SERVICE OF SUMMONS
4/30/2018: PROOF OF SERVICE BY MAIL
3/23/2018: COMPLAINT FOR DAMAGES FOR: 1. VIOLATIONS OF CAL. LABOR CODE 1197 & 1194 ;ETC
Hearing02/01/2021 at 09:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial
Hearing01/27/2021 at 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference
DocketRequest for Refund / Order; Filed by Antonio Vieyra Salinas (Plaintiff)
DocketNotice (OF CONTINUED MANDATORY SETTLEMENT CONFERENCE); Filed by Antonio Vieyra Salinas (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by Antonio Vieyra Salinas (Plaintiff)
DocketOpposition ( to Defendants' Ex Parte Application to Take the MSC Off Calendar); Filed by Antonio Vieyra Salinas (Plaintiff)
Docketat 09:30 AM in Department 48, Elizabeth Allen White, Presiding; Jury Trial (Five Day Estimate) - Not Held - Advanced and Vacated
Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion for Sanctions (for Issue and/or Monetary Sanctions, Against Defendants for Failure to Comply with Court Order) - Held - Motion Denied
Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Trial Setting Conference - Held
DocketRuling: Motion for Issue and/or Monetary Sanctions; Filed by Clerk
DocketPROOF OF SERVICE OF SUMMONS
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketNotice of Case Management Conference; Filed by Clerk
DocketComplaint; Filed by Antonio Vieyra Salinas (Plaintiff)
DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner
DocketSUMMONS
DocketRequest-Waive Court Fees
DocketCOMPLAINT FOR DAMAGES FOR: 1. VIOLATIONS OF CAL. LABOR CODE 1197 & 1194 ;ETC
DocketORDER ON COURT FEE WAIVER
DocketRequest to Waive Court Fees
Case Number: BC699366 Hearing Date: December 16, 2019 Dept: 48
MOTION FOR ISSUE AND/OR MONETARY SANCTIONS
MOVING PARTY: Plaintiff Antonio Vieyra Salinas
RESPONDING PARTY(S): Defendants Compton Car Wash, Inc. and Abrahim Aminpour
PROOF OF SERVICE:
ANALYSIS
Motion for Issue and/or Monetary Sanctions
Plaintiff moves for issue and/or monetary sanctions against Defendants for failure to comply with the October 11, 2019 court order. On October 24, 2019, Plaintiff took the deposition of Defendant’s PMQ, Aharon Aminpour. Defendant refused to provide any responsive documents and did not come up to speed as to the enumerated deposition topics.
Given that the trial date has been vacated, the Court finds that a motion to compel responses at deposition and production of documents pursuant to CCP 2025.480, which applies where a deponent fails to answer any question or produce any document, is more appropriate.
Accordingly, the motion for issue/evidentiary sanctions and monetary sanctions is DENIED.
Case Number: BC699366 Hearing Date: December 02, 2019 Dept: 48
MOTION FOR ISSUE AND/OR MONETARY SANCTIONS
MOVING PARTY: Plaintiffs Antonio Vieyra Salinas
RESPONDING PARTY(S): Defendants Compton Car Wash, Inc. and Abrahim Aminpour
PROOF OF SERVICE:
ANALYSIS
Motion for Issue and/or Monetary Sanctions
Defendants untimely served and filed an opposition on November 22, 2019. Based on the December 2, 2019 hearing date, and taking the Thanksgiving holidays into account, Defendants’ opposition was due on November 15, 2019.
Although the Court may disregard the untimely opposition, the Court exercises its discretion to consider the merits of the opposition. In this regard, Plaintiffs will be given an opportunity to prepare a reply brief.
The hearing on the motion for issue and/or monetary sanctions is CONTINUED to December 16, 2019. Reply is due December 11, 2019.