This case was last updated from Los Angeles County Superior Courts on 09/22/2020 at 09:00:10 (UTC).

ARMANDO LOPEZ VS GLOCKSTORE ET AL

Case Summary

On 03/21/2018 ARMANDO LOPEZ filed a Personal Injury - Other Product Liability lawsuit against GLOCKSTORE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9145

  • Filing Date:

    03/21/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

LOPEZ ARMANDO

Defendants and Respondents

GLOCKSTORE

LMP/MAIL ORDER VIDEO

MAGILLS LENNY

SAN DIEGO SWEING COMPANY

GLOCKSTORE LMP/MAIL ORDER VIDEO

DOES 1 TO 100

SAN DIEGO SWEING COMPANY A CORPORATION

SAN DIEGO SEWING COMPANY DBA GLOCKSTORE

LMP/MAIL ORDER VIDEO DBA GLOCKSTORE

MAGILLS INDIVIDUALLY LENNY

LENNY MAGILLS DBA GLOCKSTORE

LMP/MAIL ORDER VIDEO A CORPORATION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HERZOG IAN ESQ.

HERZOG IAN ISAAC

Defendant and Respondent Attorneys

JOHNSON JERRI LYNN ESQ.

ERDREICH RYAN

MALSCH JEFFREY

JOHNSON JERRI LYNN

 

Court Documents

Request for Refund / Order

12/27/2019: Request for Refund / Order

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON MOTION TO CONTINUE TRIAL)

6/24/2020: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; HEARING ON MOTION TO CONTINUE TRIAL)

Motion to Vacate - MOTION TO VACATE MOTION TO VACATE TRIAL DATE AND SET TSC

6/1/2020: Motion to Vacate - MOTION TO VACATE MOTION TO VACATE TRIAL DATE AND SET TSC

Minute Order - MINUTE ORDER (DEFENDANT LMP/MAIL ORDER VIDEO, INC. DBA GLOCKSTORE'S EX PART...)

1/14/2020: Minute Order - MINUTE ORDER (DEFENDANT LMP/MAIL ORDER VIDEO, INC. DBA GLOCKSTORE'S EX PART...)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

1/14/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO CONTINUE TRIAL)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

7/11/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Stipulation and Order - STIPULATION AND ORDER STIP & PROTECTIVE ORDER

6/18/2019: Stipulation and Order - STIPULATION AND ORDER STIP & PROTECTIVE ORDER

Demand for Jury Trial

1/22/2019: Demand for Jury Trial

Minute Order - Minute Order (Hearing on Application for Admission of Jeffrey Malsch and Ry...)

2/19/2019: Minute Order - Minute Order (Hearing on Application for Admission of Jeffrey Malsch and Ry...)

PROOF OF SERVICE SUMMONS -

6/21/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

6/21/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

6/21/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

6/21/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

6/21/2018: PROOF OF SERVICE SUMMONS -

REQUEST FOR DISMISSAL -

7/13/2018: REQUEST FOR DISMISSAL -

Answer -

7/20/2018: Answer -

CIVIL DEPOSIT -

3/21/2018: CIVIL DEPOSIT -

COMPLAINT FOR DAMAGES FOR PERSONAL INJURIES AND PROPERTY DAMAGES 1. STRICT PRODUCT LIABILITY ;ETC

3/21/2018: COMPLAINT FOR DAMAGES FOR PERSONAL INJURIES AND PROPERTY DAMAGES 1. STRICT PRODUCT LIABILITY ;ETC

16 More Documents Available

 

Docket Entries

  • 03/22/2021
  • Hearing03/22/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 02/24/2021
  • Hearing02/24/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/10/2021
  • Hearing02/10/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 07/08/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 06/24/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 06/24/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Continue Trial - Held - Motion Granted

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  • 06/24/2020
  • DocketNotice of Ruling; Filed by LMP/Mail Order Video DBA Glockstore (Defendant)

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  • 06/24/2020
  • DocketMinute Order ( (Final Status Conference; Hearing on Motion to Continue Trial)); Filed by Clerk

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  • 06/01/2020
  • DocketMotion to Vacate (Motion to Vacate Trial Date and Set TSC); Filed by LMP/Mail Order Video DBA Glockstore (Defendant)

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  • 03/30/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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34 More Docket Entries
  • 06/21/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/21/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Armando Lopez (Plaintiff)

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  • 06/21/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Armando Lopez (Plaintiff)

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  • 06/21/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Armando Lopez (Plaintiff)

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  • 06/21/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Armando Lopez (Plaintiff)

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  • 06/21/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Armando Lopez (Plaintiff)

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  • 03/21/2018
  • DocketCOMPLAINT FOR DAMAGES FOR PERSONAL INJURIES AND PROPERTY DAMAGES 1. STRICT PRODUCT LIABILITY ;ETC

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  • 03/21/2018
  • DocketComplaint; Filed by Armando Lopez (Plaintiff)

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  • 03/21/2018
  • DocketSUMMONS

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  • 03/21/2018
  • DocketCIVIL DEPOSIT

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Tentative Rulings

Case Number: BC699145    Hearing Date: June 24, 2020    Dept: 28

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On March 21, 2018, Plaintiff Armando Lopez (“Plaintiff”) filed a complaint against Defendants Glockstore, Lenny Magills, Lenny Magills dba Glockstore, LMP/Mail Order Video, LMP/Mail Order Video dba Glockstore, San Diego Sewing Company, and San Diego Sewing Company dba Glockstore.  Plaintiff alleges in the complaint that strict product liability, negligence, and breach of express and implied warranties for a gun that negligently discharged and harmed Plaintiff on November 5, 2016.

On July 13, 2018, the Court dismissed Defendants Lenny Magills, San Diego Sewing Company, and San Diego Sewing Company dba Glockstore without prejudice.

On June 1, 2020, Defendant LMP/Mail Order Video, Inc. dba Glockstore filed a motion to continue trial pursuant to California Rules of Court, rule 3.1332.

Trial is set for July 8, 2020.

PARTYS REQUESTS

Defendant LMP/Mail Order Video, Inc. dba Glockstore (“Moving Defendant”) asks the Court to vacate trial and set a trial setting conference.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm.  All parties and their counsel must regard the date set for trial as certain.”  Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.  The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits.  The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc., § 2024.050.)

DISCUSSION

Moving Defendant argues there is good cause to vacate trial and set a trial setting conference because there is outstanding ordinary and expert discovery.  (Motion, pp. 6:17-7:3.)

The Court finds there is good cause to continue trial, but not good cause to vacate trial entirely.  Moving Defendant has not established why trial should not simply be continued.  Trial needs to be set in order to continue the progress of this action. 

CONCLUSION

The motion is GRANTED in part and DENIED in part.

The Court orders trial shall be continued to January 14, 2021 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to January 5, 2020 at 10:00 a.m.  Both hearings are to be held in Department 28 of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  All discovery cut-off dates shall relate to the January 14, 2020 trial date.

Moving Defendant is ordered to give notice of this ruling.